Required notice of public meetings and public hearings for land use applications and ordinances shall include and comply with the following provisions.
(A) Mailing list and labels.
(1) The applicant for a site-specific land use application which requires a public hearing shall provide the Planning and Development Services Department with an approved list of all owners of real property located within 1,000 feet of the boundary of the subject property parcel, as shown on the official records of the County Recorder.
(2) The applicant shall pay to the county a fee in the amount of the actual costs incurred by the county in providing the notice and shall bear sole responsibility to ensure the accuracy of the property owner list.
(B) Applicant notification. For all land use applications, the county shall be required to give notice to the applicant of the date, time and place of each public hearing and public meeting to consider the application, and of any final action on a pending application. The county shall also provide to each applicant a copy of each staff report regarding the applicant or the pending application at least three business days before the public hearing or public meeting and notify the applicant of any final action on a pending application.
(C) Notice to third parties. For site-specific land use applications which require a public hearing, the county shall mail notice to the record owner of each parcel within a 1,000-foot radius of the subject property, and the applicant shall post a sign on the property according to the following regulations.
(1) The applicant shall post a county-provided sign along each street on which the subject property has frontage. If the subject property does not abut a street, then the sign should be posted on a nearby street as determined by the Zoning Administrator. Sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by. It shall be the responsibility of the applicant to remove and dispose of the sign(s) within five calendar days after the final hearing or meeting regarding the application. Third-party property owners who live within the 1,000-foot radius but outside of the county boundaries shall be sent notice equivalent to that sent to property owners within the county.
(2) The applicant shall submit a signed affidavit of public posting.
(3) The affidavit shall include a photograph verifying that the sign has been installed, at least ten days prior to the required public hearing or meeting.
(4) Failure to post the public notice sign and provide the required verification at least ten days prior to the required public hearing will cause a delay in the processing of the application, to allow for the required public hearing notice.
(5) If the sign is destroyed or damaged the applicant shall replace the sign within 12 hours upon being notified.
(D) General plan adoption or amendment. The county shall provide advance notice of the date, time and place for public hearings and meetings regarding a General Plan adoption or amendment as follows.
(1) The county shall provide notice of the first public hearing to consider the adoption or modification of all or any portion of the General Plan at least ten calendar days before the public hearing. Notice shall be:
(a) Published on the state’s public notice website created in the state code;
(b) Mailed to each affected entity; and
(c) Posted in at least three public locations within the county or on the county’s official website.
(2) The county shall publish in a newspaper of general circulation in the area at least three calendar days before the public hearing.
(3) The county shall provide notice of each public meeting regarding the adoption or modification of all or any part of the General Plan at least 24 hours before the meeting. Notice shall be:
(a) Submitted to a newspaper of general circulation in the area and published on the state’s public notice website created in the state code; and
(b) Posted in at least three public locations within the county or on the county’s official website.
(E) Adoption or amendment of land use ordinance or zoning map. The county shall provide notice of the date, time and place for public hearings and meetings regarding a Land Use Ordinance or zoning map adoption or modification as follows:
(1) The county shall provide notice of the first public hearing to consider the adoption or any modification of a Land Use Ordinance or zoning map. Notice shall be:
(a) Mailed to each affected entity at least ten calendar days before the public hearing;
(b) Posted in at least three public locations within the county or on the county’s official website; and
(c) Published in a newspaper of general circulation in the area at least three days before the public hearing and on the state’s public notice website at least ten days before the public hearing or in lieu of the previous two requirements mailed at least ten days before the public hearing to each property owner whose land is directly affected by the Land Use Ordinance change and each adjacent property owner within 1,000 feet of a specific Land Use Ordinance amendment application boundary.
(2) The county shall provide notice of each public meeting regarding the adoption or modification of a Land Use Ordinance or zoning map at least 24 hours before the meeting. Notice shall be posted in at least three public locations within the county or on the county’s website.
(F) Subdivision plat. The county shall provide advance notice of the date, time and place for public meetings regarding a proposed subdivision as follows:
(1) The county shall mail notice of the first public meeting to consider a proposed subdivision not less than ten calendar days before the first public meeting addressed to the record owner of each parcel within 1,000 feet of the subject property; and
(2) Not less than ten calendar days before the first public meeting, the applicant shall post on the property one county provided sign on a street on which the subject property has frontage. If the subject property does not abut a street, then the sign shall be posted on a nearby street as determined by the Zoning Administrator. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by.
(G) Subdivision plat amendments.
(1) The county shall provide advance notice of the date, time and place for at least one public meeting regarding a proposed subdivision plat amendment as follows:
(a) The county shall mail notice of the first public meeting and any required public hearings to consider a proposed subdivision plat amendment not less than ten calendar days before the first public meeting addressed to the record owner of each parcel within 1,000 feet of the subject property; or
(b) Not less than ten calendar days before the first public meeting and any required public hearings, the applicant shall post on the property one county provided sign on a street on which the subject property has frontage. If the subject property does not abut a street, then the sign shall be posted on a nearby street as determined by the Zoning Administrator. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by.
(2) For a subdivision that involves a vacation, alteration or amendment of a street, notice shall also be provided as required by division (H) below.
(H) Proposals to vacate or amend a public street, right-of-way or easement. For any proposal to vacate some or all of a public street, right-of-way or easement, the County Commission shall hold a public hearing, after receiving a recommendation from the Planning Commission, and give notice of the date, place and time of the hearing at least ten days before the public hearing. Notice shall be:
(1) Mailed to the record owner of each parcel that is adjacent to, accessed by or within 300 feet of the public street, right-of-way or easement;
(2) Mailed to each affected entity;
(3) Posted on or near the street, right-of-way or easement at least one county provided sign in a manner that is calculated to alert the public. The sign shall be of sufficient size, durability, print quality and location that it is reasonably calculated to give notice to those passing by;
(4) Published on the state’s public notice website created in UCA § 63A-16-601; and
(5) Published in a newspaper of general circulation in the county in which the land subject to the petition is located at least three days before the public hearing.
(I) Challenge of notice. If notice given under authority of this section is not challenged in accordance with applicable appeal procedures within 30 days after the meeting or action for which notice was given, the notice shall be deemed adequate and proper.
(Prior Code, § 8-3-13) (Ord. 10-16, passed 12-14-2010; Ord. 12-04, passed 5-1-2012; Ord. 13-03, passed 4-16-2013; Ord. 17-10, passed 2-7-2017; Ord. 18-07, passed 11-13-2018; Ord. 17-11, passed 2-7-2017; Ord. 21-09, passed 7-6-2021)