17-3-9 Notice.
The city shall notice all public hearings that are required by this title as described in this section.
A. Intent to Prepare General Plan or General Plan Amendments.
1. Before preparing a proposed general plan or a comprehensive general plan amendment, the city shall provide at least ten days’ notice of its intent to prepare a proposed general plan or a comprehensive general plan amendment:
a. To each affected entity;
b. To the Utah Geospatial Resource Center;
c. To the association of governments of which the city is a member;
d. On the Utah Public Notice website; and
e. On the city’s website.
2. Each notice under this subsection shall:
a. Indicate the city intends to prepare a general plan or comprehensive general plan amendment;
b. Describe or provide a map of the geographic area that will be affected by the general plan or amendment;
c. Be sent by mail, email, or other effective means;
d. Invite the affected entities to provide information for the municipality to consider in the process of preparing, adopting, and implementing a general plan or amendment concerning:
i. Impacts that the use of land proposed in the proposed general plan or amendment may have; and
ii. Uses of land within the municipality that the entity is considering that may conflict with the proposed general plan or amendment; and
e. Include the city’s website address and name and telephone number of a person where more information can be obtained concerning the city’s proposed general plan or amendment.
B. Public Hearings to Adopt or Modify the General Plan or Land Use Regulation. The city shall provide at least ten days’ notice of each public hearing to consider modifications to the general plan or land use regulation:
1. On the Utah Public Notice website;
2. On the city’s website; and
3. By mail to each affected entity.
The notice must include the date, time, and place of the public hearing to consider the adoption or any modification of all or any portion of a general plan or land use regulation.
C. Public Hearings to Adopt or Modify the Zoning Map. The city shall provide at least ten days’ notice of each public hearing to consider a modification to the zoning map:
1. On the Utah Public Notice website;
2. On the city’s website;
3. By mail to the record owner of each parcel located entirely or partially within a zoning map enactment or modification;
4. By mail to the record owner of each parcel within five hundred feet of the zoning map modification including in adjacent jurisdictions; and
5. On the property in a manner that is calculated to alert the public.
For a notice required by subsection (C)(3) of this section, it must:
a. Identify with specificity each owner of record of real property that will be affected by the proposed zoning map amendment;
b. State the current zone in which the real property is located;
c. State the proposed zone for the real property;
d. 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 amendment is adopted;
e. State that the owner of real property affected by the proposed map amendment may file a written objection to the inclusion of the owner’s property in the proposed map amendment with the community development department no later than ten days after the day of the first public hearing;
f. Notify the property owner that each written objection filed with the municipality will be provided to the city council; and
g. State the location, date, and time of the public hearing.
For a notice required by subsection (C)(4) of this section, it must:
a. Identify with specificity the boundaries of the proposed zoning map or map amendment;
b. State the current zone in which the affected real property is located;
c. State the proposed zone for the affected real property; and
d. State the location, date, and time of the public hearing.
D. Public Hearings to Consider a Subdivision Amendment or a Petition to Vacate a Public Street. The city shall provide at least ten days’ notice of each public hearing to consider a subdivision amendment, the closure, vacation (in whole or in part), alteration, or amendment of any public street or easement, including a municipal utility easement, or the dedication of a private street to a public street:
1. On the Utah Public Notice website;
2. On the city’s website;
3. By mail to each affected entity;
4. By mail to the record owner of each parcel within five hundred feet of the subject street, right-of-way, or easement;
5. By mail to the record owner of each parcel located entirely or partially within the subdivision being amended or that is accessed by the subject street, right-of-way, or easement; and
6. On the property in a manner that is calculated to alert the public.
The notice must include the date, time, and place of the public hearing to consider a subdivision amendment involving the closure, vacation (in whole or in part), alteration, or amendment of any public street, right-of-way, or easement, including a municipal utility easement, or the dedication of a private street to a public street. For subdivisions located within one hundred feet of a water conveyance facility, the city must provide notice to the water conveyance facility owner in accordance with Section 10-9a-603 of the Utah Code Annotated, as amended.
E. Public Hearings to Consider All Other Topics. The city shall provide at least ten days’ notice of each public hearing to consider a topic not otherwise listed herein:
1. On the Utah Public Notice website;
2. On the city’s website;
3. By mail to the record owner of each parcel within five hundred feet of the subject property; and
4. On the property in a manner that is calculated to alert the public.
The notice must include the date, time, and place of the public hearing to consider the topic. For subdivisions located within one hundred feet of a water conveyance facility, the city must provide notice to the water conveyance facility owner in accordance with Section 10-9a-603 of the Utah Code Annotated, as amended.
F. Public Meetings for All Other Topics. The city shall provide notice of a public meeting at least twenty-four hours before the meeting on the Utah Public Notice website and the city website. The notice shall provide the date, time, place, and agenda of the public meeting.
G. Purpose of Notice. The purpose of the notice is to reasonably inform surrounding property owners and jurisdictions of an application for development or a proposed adoption or modification to the general plan, land use regulation, zoning map, or public meeting. No minor omission or defect in the notice shall be deemed to impair the validity of the proceedings to consider the item. If at or prior to the public hearing an omission or defect in the mailed notice is brought to the attention of the reviewing body, the reviewing body shall determine whether the omission or defect impairs or has impaired a surrounding property owner’s ability to participate in the public hearing. If the reviewing body finds that a surrounding property owner’s ability to participate in the public hearing was impaired by an omission or defect in the mailed notice, the reviewing body shall continue the hearing on the application until the next public meeting of the reviewing body. Any omission or defect in the mailed notice that is not brought to the reviewing body’s attention or that the reviewing body finds did not impair a surrounding property owner’s ability to participate in the hearing may not be used to challenge the validity of the proceedings on the issue.
H. Effect of Notice. Proof that notice was given pursuant to this section is prima facie evidence that notice was properly given. If notice given under authority of this section is not challenged as provided for under state law within thirty days from the date of the hearing for which the challenged notice was given, the notice is considered adequate and proper. (Ord. 2021-17 § 1 (Att. A); Ord. 12-11-2001C § 2 (part))