Elwood City Zoning Code
NOTICING REQUIREMENTS
§ 155.035 NOTICE REQUIRED.
The city shall provide actual notice or the notice required UCA § 10-9a-201.
(Ord. 2008-001, passed - -2008)
§ 155.036 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 the above divisions (A)(1) or (A)(2) above or both, 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.
(Ord. 2008-001, passed - -2008)
§ 155.037 NOTICE OF INTENT TO PREPARE A GENERAL PLAN OR COMPREHENSIVE GENERAL PLAN AMENDMENTS.
(A) Before preparing a proposed General Plan or a comprehensive General Plan amendment, each municipality within a county of the first or second class shall provide ten calendar days’ notice of its intent to prepare a proposed General Plan or a comprehensive General Plan amendment to:
(1) Each affected entity;
(2) The Automated Geographic Reference Center created in UCA § 63A-16-505;
(3) The association of governments, established pursuant to an interlocal agreement under Title 11, Ch. 13, Interlocal Cooperation Act, of which the municipality is a member; and
(4) The state’s Planning Coordinator appointed under UCA § 63A-16-601.
(B) Each notice under division (A) above shall:
(1) Indicate that the municipality intends to prepare a General Plan or a comprehensive General Plan amendment, as the case may be;
(2) Describe or provide a map of the geographic area that will be affected by the General Plan or amendment;
(3) Be sent by mail, email, or other effective means;
(4) 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:
(a) Impacts that the use of land proposed in the proposed General Plan or amendment may have; and
(b) Uses of land within the municipality that the affected entity is considering that may conflict with the proposed General Plan or amendment.
(5) Include the address of an Internet website, if the municipality has one, and the name and telephone number of a person where more information can be obtained concerning the city’s proposed General Plan or amendment.
(Ord. 2008-001, passed - -2008)
§ 155.038 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 city; and
(b) On the city’s official website.
(Ord. 2008-001, passed - -2008)
§ 155.039 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 city; and
(b) On the city’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 city; and
(2) On the city’s official website.
(Ord. 2008-001, passed - -2008)
§ 155.040 THIRD PARTY NOTICE.
(A) The city requires notice to adjacent property owners, the city 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.
(Ord. 2008-001, passed - -2008)
§ 155.041 NOTICE FOR A PROPOSED MULTIPLE-UNIT RESIDENTIAL, 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 § 150.115 for a subdivision that involves a vacation, alteration, or amendment of a street
(Ord. 2008-001, passed - -2008)
§ 155.042 HEARING AND NOTICE FOR PROPOSAL TO VACATE, ALTER, OR AMEND A PUBLIC STREET OR RIGHT-OF-WAY.
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:
(A) Mailing notice as required in § 150.115;
(B) Mailing notice to each affected entity;
(C) 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; or
(D) 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.
(Ord. 2008-001, passed - -2008)
§ 155.043 NOTICE CHALLENGE.
If notice given under authority of this subchapter is not challenged under UCA § 10-9a-801 within 30 days after the meeting or action for which notice is given, the notice is considered adequate and proper.
(Ord. 2008-001, passed - -2008)