Brigham City City Zoning Code
NOTICES
§ 156.035 REQUIRED NOTICE.
The city shall provide actual notice or the notice required by U.C.A. § 10-9a-201, or successor law.
(Prior Code, § 29.03.010) (Ord. 07-13, passed 7-19-2007)
§ 156.036 APPLICANT NOTICE.
(A) For each land use application, the city shall:
(1) Notify the applicant of the date, time and place of each public hearing and public meeting to consider the application;
(2) 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
(3) Notify the applicant of any final action on a pending application.
(B) If the city fails to comply with the requirements of divisions (A)(1) or (A)(2) above, an applicant may waive the failure so that the application may stay on the public hearing or public meeting agenda and be considered as if the requirements had been met.
(Prior Code, § 29.03.020) (Ord. 07-13, passed 7-19-2007)
§ 156.037 NOTICE OF INTENT TO PREPARE A GENERAL PLAN OR COMPREHENSIVE GENERAL PLAN AMENDMENT.
The city shall provide notice required by U.C.A. § 10-9a-203, or successor law.
(Prior Code, § 29.03.030) (Ord. 07-13, passed 7-19-2007)
§ 156.038 NOTICE OF PUBLIC HEARINGS AND PUBLIC MEETINGS TO CONSIDER GENERAL PLAN OR MODIFICATIONS.
(A) The city shall provide:
(1) Notice of the date, time and place of the first public hearing to consider the original adoption or any modification of all or any portion of a General Plan; and
(2) Notice of each public meeting on the subject.
(B) Each notice of a public hearing under division (A)(1) above shall be at least ten calendar days before the public hearing and shall be:
(1) Published in a newspaper of general circulation in the area;
(2) Mailed to each affected entity; and
(3) Posted:
(a) In at least three public locations within the municipality; and
(b) On the city’s official website.
(C) Each notice of a public meeting under division (A)(2) above shall be at least 24 hours before the meeting and shall be:
(1) Submitted to a newspaper of general circulation in the area; and
(2) Posted:
(a) In at least three public locations within the municipality; and
(b) On the city’s official website.
(Prior Code, § 29.03.040) (Ord. 07-13, passed 7-19-2007)
§ 156.039 NOTICE OF PUBLIC HEARINGS AND PUBLIC MEETINGS ON ADOPTION OR MODIFICATION OF LAND USE ORDINANCE.
(A) The city shall give:
(1) Notice of the date, time and place of the first public hearing to consider the adoption or any modification of a land use ordinance; and
(2) Notice of each public meeting on the subject.
(B) Each notice of a public hearing under division (A)(1) above shall be:
(1) Mailed to each affected entity at least ten calendar days before the public hearing;
(2) Posted:
(a) In at least three public locations within the municipality; and
(b) On the municipality’s official website.
(3) Published in a newspaper of general circulation in the area at least ten calendar days before the public hearing; and
(4) Mailed at least three days before the public hearing to:
(a) Each property owner whose land is directly affected by the land use ordinance change; and
(b) Each adjacent property owner within 300 feet of the property line of the project.
(C) Each notice of a public meeting under division (A)(2) above shall be at least 24 hours before the meeting and shall be posted:
(1) In at least three public locations within the municipality; and
(2) On the municipality’s official website.
(Prior Code, § 29.03.050) (Ord. 07-13, passed 7-19-2007)
§ 156.040 THIRD-PARTY NOTICE.
(A) The city requires notice to adjacent property owners, the municipality shall:
(1) Mail notice to the record owner of each parcel within 300 feet; and
(2) Post notice on the property with a sign of sufficient size, durability, print quality and location that is reasonably calculated to give notice to passers-by.
(B) The city will mails notice to third-party property owners under division (A) above, it shall mail equivalent notice to property owners within an adjacent jurisdiction.
(Prior Code, § 29.03.060) (Ord. 07-13, passed 7-19-2007)
§ 156.041 NOTICE FOR A PROPOSED A MULTIPLE-UNIT RESIDENTIAL OR COMMERCIAL OR INDUSTRIAL DEVELOPMENT.
(A) The city shall provide notice of the date, time and place of a public hearing that is:
(1) Mailed not less than three calendar days before the public hearing and addressed to the record owner of each parcel within specified parameters of that property; and
(2) Posted not less than three calendar days before the public hearing, on the property proposed for subdivision, in a visible location, with a sign of sufficient size, durability and print quality that is reasonably calculated to give notice to passers-by.
(B) The city shall mail notice to each affected entity of a public hearing to consider a preliminary plat describing a multiple-unit residential development or a commercial or industrial development.
(C) The city shall provide notice as required by § 156.042 of this chapter for a subdivision that involves a vacation, alteration or amendment of a street.
(Prior Code, § 29.03.070) (Ord. 07-13, passed 7-19-2007)
§ 156.042 HEARING AND NOTICE FOR PROPOSAL TO VACATE, ALTER OR AMEND A PUBLIC STREET OR RIGHT-OF-WAY.
(A) For any proposal to vacate, alter or amend a public street or right-of-way, the Land Use Authority shall hold a public hearing and shall give notice of the date, place and time of the hearing by:
(1) Mailing notice as required in § 156.042 of this chapter;
(2) Mailing notice to each affected entity; and
(3) Publishing notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the municipality in which the land subject to the petition is located.
(B) If there is no newspaper of general circulation in the municipality, posting the property and posting notice in three public places for four consecutive weeks before the hearing.
(Prior Code, § 29.03.080) (Ord. 07-13, passed 7-19-2007)
§ 156.043 NOTICE CHALLENGE.
If notice given under authority of this subchapter is not challenged under U.C.A. § 10-9a-801, or successor law, within the specified number of days after the meeting or action for which notice is given, the notice is considered adequate and proper.
(Prior Code, § 29.03.090) (Ord. 07-13, passed 7-19-2007)