H.B. 222

1

LAND USE MEETING NOTICE
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Trisha S. Beck
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill amends the notice requirements for a public hearing to adopt or modify a land
10 use ordinance.
11 Highlighted Provisions:
12 This bill:
13 . amends the notice requirements for a public hearing to adopt or modify a land use
14 ordinance.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-9a-205, as last amended by Laws of Utah 2009, Chapter 388
22 17-27a-205, as last amended by Laws of Utah 2009, Chapter 388
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 10-9a-205 is amended to read:
26 10-9a-205. Notice of public hearings and public meetings on adoption or
27 modification of land use ordinance.

28 (1) Each municipality shall give:
29 (a) notice of the date, time, and place of the first public hearing to consider the
30 adoption or any modification of a land use ordinance; and
31 (b) notice of each public meeting on the subject.
32 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
33 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
34 (b) posted:
35 (i) in at least three public locations within the municipality; or
36 (ii) on the municipality's official website; and
37 (c) (i) (A) published in a newspaper of general circulation in the area at least 10
38 calendar days before the public hearing; and
39 (B) published in accordance with Section 45-1-101 , at least 10 calendar days before the
40 public hearing; or
41 (ii) mailed at least [three] 10 days before the public hearing to:
42 (A) each property owner whose land is directly affected by the land use ordinance
43 change; and
44 (B) each adjacent property owner within the parameters specified by municipal
45 ordinance.
46 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
47 before the meeting and shall be posted:
48 (a) in at least three public locations within the municipality; or
49 (b) on the municipality's official website.
50 Section 2. Section 17-27a-205 is amended to read:
51 17-27a-205. Notice of public hearings and public meetings on adoption or
52 modification of land use ordinance.
53 (1) Each county shall give:
54 (a) notice of the date, time, and place of the first public hearing to consider the
55 adoption or modification of a land use ordinance; and
56 (b) notice of each public meeting on the subject.
57 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
58 (a) mailed to each affected entity at least 10 calendar days before the public hearing;

59 (b) posted:
60 (i) in at least three public locations within the county; or
61 (ii) on the county's official website; and
62 (c) (i) published:
63 (A) in a newspaper of general circulation in the area at least 10 calendar days before
64 the public hearing; and
65 (B) in accordance with Section 45-1-101 , at least 10 calendar days before the public
66 hearing; or
67 (ii) mailed at least [three] 10 days before the public hearing to:
68 (A) each property owner whose land is directly affected by the land use ordinance
69 change; and
70 (B) each adjacent property owner within the parameters specified by county ordinance.
71 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
72 before the hearing and shall be posted:
73 (a) in at least three public locations within the county; or
74 (b) on the county's official website.




Legislative Review Note
as of 11-2-09 12:45 PM

Office of Legislative Research and General Counsel