Utah Code 17-27a-205. Notice of public hearings and public meetings on adoption or modification of land use regulation

17-27a-205. Notice of public hearings and public meetings on adoption or modification of land use regulation.

(1)

Each county shall give:

Terms Used In Utah Code 17-27a-205

Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property owner's association, public utility, or the Department of Transportation, if:

(a)	the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;

(b)	the entity has filed with the county a copy of the entity's general or long-range plan; or

(c)

the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 17-27a-103

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.

Land: includes :Utah Code 68-3-12.5

Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:

(a)	the power and duty to enact ordinances, levy taxes, and establish budgets; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103

Property: includes both real and personal property. See Utah Code 68-3-12.5

Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103

Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 17-27a-103

(a)

notice of the date, time, and place of the first public hearing to consider the adoption or modification of a land use regulation; and

(b)	notice of each public meeting on the subject.

(2)

Each notice of a public hearing under Subsection (1)(a) shall be:

(a)	mailed to each affected entity at least 10 calendar days before the public hearing; and

(b)	published for the area affected by the land use ordinance changes, as a class B notice under Section 63G-30-102, for at least 10 calendar days before the day of the public hearing.

(3)

In addition to the notice requirements described in Subsections (1) and (2), for any proposed modification to the text of a zoning code, the notice posted in accordance with Subsection (2) shall:

(a)	include a summary of the effect of the proposed modifications to the text of the zoning code designed to be understood by a lay person; and

(b)	be provided to any person upon written request.

(4)	Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours before the hearing and shall be published for the county, as a class A notice under Section 63G-30-102, for at least 24 hours.

(5)

(a)	A county shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within the proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.

(b)

The notice shall:

(i)	identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;

(ii)	state the current zone in which the real property is located;

(iii)

state the proposed new zone for the real property;

(iv)	provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;

(v)	state that the owner of real property may no later than 10 days after the day of the first public hearing file a written objection to the inclusion of the owner’s property in the proposed zoning map or map amendment;

(vi)	state the address where the property owner should file the protest;

(vii)

notify the property owner that each written objection filed with the county will be provided to the county legislative body; and

(viii)

state the location, date, and time of the public hearing described in Section 17-27a-502.

(c)	If a county mails notice to a property owner under Subsection (2)(b) for a public hearing on a zoning map or map amendment, the notice required in this Subsection (5) may be included in or part of the notice described in Subsection (2)(b) rather than sent separately.

Amended by Chapter 435, 2023 General Session

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