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7 LONG TITLE
8 General Description:
9 This bill amends certain county and municipality land use notice provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires counties and municipalities to publish certain land use ordinance
13 information.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 10-9a-205, as last amended by Laws of Utah 2017, Chapter 84
21 17-27a-205, as last amended by Laws of Utah 2017, Chapter 84
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 10-9a-205 is amended to read:
25 10-9a-205. Notice of public hearings and public meetings on adoption or
26 modification of land use regulation.
27 (1) Each municipality shall give:
28 (a) (i) notice of the date, time, and place of the first public hearing to consider the
29 adoption or any modification of a land use regulation; and
30 (ii) if the proposed land use ordinance enacts stricter requirements or higher standards
31 than this chapter requires, notice of the stricter requirements or higher standards and a citation
32 to the applicable provision of this chapter; and
33 (b) notice of each public meeting on the subject.
34 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
35 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
36 (b) posted:
37 (i) in at least three public locations within the municipality; or
38 (ii) on the municipality's official website; and
39 (c) (i) (A) published in a newspaper of general circulation in the area at least 10
40 calendar days before the public hearing; and
41 (B) published on the Utah Public Notice Website created in Section 63F-1-701, at least
42 10 calendar days before the public hearing; or
43 (ii) mailed at least 10 days before the public hearing to:
44 (A) each property owner whose land is directly affected by the land use ordinance
45 change; and
46 (B) each adjacent property owner within the parameters specified by municipal
47 ordinance.
48 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
49 before the meeting and shall be posted:
50 (a) in at least three public locations within the municipality; or
51 (b) on the municipality's official website.
52 (4) (a) A municipality shall send a courtesy notice to each owner of private real
53 property whose property is located entirely or partially within a proposed zoning map
54 enactment or amendment at least 10 days before the scheduled day of the public hearing.
55 (b) The notice shall:
56 (i) identify with specificity each owner of record of real property that will be affected
57 by the proposed zoning map or map amendments;
58 (ii) state the current zone in which the real property is located;
59 (iii) state the proposed new zone for the real property;
60 (iv) provide information regarding or a reference to the proposed regulations,
61 prohibitions, and permitted uses that the property will be subject to if the zoning map or map
62 amendment is adopted;
63 (v) state that the owner of real property may no later than 10 days after the day of the
64 first public hearing file a written objection to the inclusion of the owner's property in the
65 proposed zoning map or map amendment;
66 (vi) state the address where the property owner should file the protest;
67 (vii) notify the property owner that each written objection filed with the municipality
68 will be provided to the municipal legislative body; and
69 (viii) state the location, date, and time of the public hearing described in Section
70 10-9a-502.
71 (c) If a municipality mails notice to a property owner in accordance with Subsection
72 (2)(c)(ii) for a public hearing on a zoning map or map amendment, the notice required in this
73 Subsection (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather
74 than sent separately.
75 Section 2. Section 17-27a-205 is amended to read:
76 17-27a-205. Notice of public hearings and public meetings on adoption or
77 modification of land use regulation.
78 (1) Each county shall give:
79 (a) (i) notice of the date, time, and place of the first public hearing to consider the
80 adoption or modification of a land use regulation; and
81 (ii) if the proposed land use ordinance enacts stricter requirements or higher standards
82 than this chapter requires, notice of the stricter requirements or higher standards and a citation
83 to the applicable provision of this chapter; and
84 (b) notice of each public meeting on the subject.
85 (2) Each notice of a public hearing under Subsection (1)(a) shall be:
86 (a) mailed to each affected entity at least 10 calendar days before the public hearing;
87 (b) posted:
88 (i) in at least three public locations within the county; or
89 (ii) on the county's official website; and
90 (c) (i) published:
91 (A) in a newspaper of general circulation in the area at least 10 calendar days before
92 the public hearing; and
93 (B) on the Utah Public Notice Website created in Section 63F-1-701, at least 10
94 calendar days before the public hearing; or
95 (ii) mailed at least 10 days before the public hearing to:
96 (A) each property owner whose land is directly affected by the land use ordinance
97 change; and
98 (B) each adjacent property owner within the parameters specified by county ordinance.
99 (3) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours
100 before the hearing and shall be posted:
101 (a) in at least three public locations within the county; or
102 (b) on the county's official website.
103 (4) (a) A county shall send a courtesy notice to each owner of private real property
104 whose property is located entirely or partially within the proposed zoning map enactment or
105 amendment at least 10 days before the scheduled day of the public hearing.
106 (b) The notice shall:
107 (i) identify with specificity each owner of record of real property that will be affected
108 by the proposed zoning map or map amendments;
109 (ii) state the current zone in which the real property is located;
110 (iii) state the proposed new zone for the real property;
111 (iv) provide information regarding or a reference to the proposed regulations,
112 prohibitions, and permitted uses that the property will be subject to if the zoning map or map
113 amendment is adopted;
114 (v) state that the owner of real property may no later than 10 days after the day of the
115 first public hearing file a written objection to the inclusion of the owner's property in the
116 proposed zoning map or map amendment;
117 (vi) state the address where the property owner should file the protest;
118 (vii) notify the property owner that each written objection filed with the county will be
119 provided to the county legislative body; and
120 (viii) state the location, date, and time of the public hearing described in Section
121 17-27a-502.
122 (c) If a county mails notice to a property owner in accordance with Subsection (2)(c)(ii)
123 for a public hearing on a zoning map or map amendment, the notice required in this Subsection
124 (4) may be included in or part of the notice described in Subsection (2)(c)(ii) rather than sent
125 separately.
Legislative Review Note
Office of Legislative Research and General Counsel