H.B. 68

1

MUNICIPAL NOTICE PROVISIONS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Kory M. Holdaway
5 AN ACT RELATING TO CITIES AND TOWNS; REQUIRING NOTICE TO NEARBY
6 ENTITIES WHEN A CITY OR TOWN PROPOSES TAKING CERTAIN ACTION.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 10-9-103.5, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 10-9-103.5 is enacted to read:
12 10-9-103.5. Notice to nearby entities.
13 (1) As used in this section, "development activity" means:
14 (a) a public hearing concerning or consideration by the planning commission or the
15 municipal legislative body of:
16 (i) a proposed change in zoning designation; or
17 (ii) a preliminary or final plat describing a multiple-unit residential development or a
18 commercial or industrial development; or
19 (b) the municipal legislative body's consideration of a plan to alter a municipal road that
20 has the effect of increasing the vehicular capacity of the road.
21 (2) The planning commission or legislative body, as the case may be, of each municipality
22 shall provide notice of development activity occurring in the municipality to the legislative body
23 of:
24 (a) each municipality whose boundaries are within one mile of the property that is the
25 subject of the development activity; and
26 (b) each county that has unincorporated territory within one mile of the property that is the
27 subject of the development activity.

28 (3) The notice required by Subsection (2) shall be provided at least ten days before the
29 development activity occurs.
30 (4) A planning commission or municipal legislative body meets the notice requirement of
31 Subsection (2) by mailing to each appropriate legislative body, at least 13 days before the
32 development activity occurs, a copy of a planning commission or municipal legislative body
33 meeting agenda that contains information sufficient to enable a reasonable reader to understand
34 that development activity is expected to occur in the municipality and the location of the property
35 that is the subject of the development activity.




Legislative Review Note
as of 1-8-99 12:22 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel