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Millard County Unincorporated
City Zoning Code

CHAPTER 13

NOTICE REQUIREMENTS

10-13-1: PURPOSE:

As provided by the act, the county is required to provide notice of all public hearings and public meetings. The notice requirements for public hearings and public meetings required by the county's land use ordinances, including this title, and the act, are provided by this chapter. (Ord. 12-12-04, 12-4-2012)

10-13-2: REQUIRED NOTICE TO CONSIDER GENERAL PLAN ADOPTION AND GENERAL PLAN AMENDMENT APPLICATIONS:

   A.   Public Hearings: The county planner/zoning administrator for public hearings by the commission and the county clerk for public hearings by the BOCC to consider a general plan adoption or general plan amendment application shall provide notice as follows:
      1.   Notice of date, time, and place of the public hearing at least ten (10) calendar days before the public hearing which notice shall be:
         a.   Published in a newspaper of general circulation in the county;
         b.   Mailed to each "affected entity", as defined in the act.
         c.   Posted in at least three (3) public locations within the county; or on the county's official website.
      2.   Notice of the date, time, and place of the public hearing shall be mailed at least ten (10) calendar days before the public hearing to each applicant for a general plan amendment application, as required by this title and the act.
   B.   Public Meetings: The county planner/zoning administrator for public meetings by the commission and the county clerk for public hearings by the BOCC to consider a general plan adoption or general plan amendment application shall provide notice as follows:
      1.   Notice of the date, time, and place of the public meeting, at least twenty four (24) hours before the meeting, which notice shall be:
         a.   Submitted to a newspaper of general circulation in the county;
         b.   Posted in at least three (3) public locations within the county; or on the county's official website.
      2.   Notice of the date, time, and place of each public meeting shall be provided at least twenty four (24) hours before the public meeting to each applicant for a general plan amendment application, as required by this title and the act. (Ord. 12-12-04, 12-4-2012)

10-13-3: REQUIRED NOTICE TO CONSIDER A LAND USE ORDINANCE AND OFFICIAL MAP:

   A.   Public Hearings: The county planner/zoning administrator for public hearings by the commission and the county clerk for public hearings by the BOCC to consider a land use ordinance, land use ordinance amendment application, official map, or official map amendment application shall provide notice as follows:
      1.   Notice of the date, time, and place of the public hearing at least ten (10) calendar days before the hearing which notice shall be:
         a.   Published in a newspaper of general circulation in the county.
         b.   Mailed to each "affected entity" as defined by this title and the act.
         c.   Posted in at least three (3) public locations within the county; or on the county's official website.
      2.   Notice of the date, time, and place of each public hearing shall be mailed at least ten (10) calendar days before the public hearing to each applicant for a land use ordinance amendment application or official map amendment application, as required by this title and the act.
   B.   Public Meetings: The county planner/zoning administrator for public meetings by the commission and the county clerk for public meetings by the BOCC to consider a land use ordinance, land use ordinance amendment application, official map, or official map amendment application shall provide notice as follows:
      1.   Notice of the date, time, and place of the public meeting, at least twenty four (24) hours before the meeting, which notice shall be:
         a.   Posted in at least three (3) public locations within the county, or on the county's official website.
      2.   Notice of the date, time, and place of each public meeting shall be provided at least twenty four (24) hours before the public meeting to each applicant for a land use ordinance amendment application or official map amendment application, as required by this title and the act. (Ord. 12-12-04, 12-4-2012)

10-13-4: REQUIRED NOTICE FOR OTHER PUBLIC HEARINGS:

When required by the provisions of this title, the county planner/zoning administrator and/or the county clerk shall provide notice of the public hearing as follows:
   A.   Notice of the date, time, and place of each public hearing shall be at least ten (10) calendar days before the public hearing, which shall be:
      1.   Published in a newspaper of general circulation in the county.
      2.   Mailed to each "affected entity" as defined by this title and the act.
      3.   Posted in at least three (3) public locations within the county; or on the county's official website.
   B.   Notice of the date, time, and place of each public hearing shall be mailed at least ten (10) calendar days before the public hearing to each applicant, as required by this title and the act. (Ord. 12-12-04, 12-4-2012)

10-13-5: COURTESY NOTICE FOR PUBLIC HEARINGS:

For public hearings required by this title, the county planner/zoning administrator and/or the county clerk may provide actual notice provided by regular United States mail and postmarked at least ten (10) calendar days prior to the public hearing to all owners of property located within three hundred feet (300') of the property that is the subject of the public hearing. (Ord. 12-12-04, 12-4-2012)

10-13-6: REQUIRED NOTICE FOR OTHER PUBLIC MEETINGS:

When required by the provisions of this title, the county planner/zoning administrator and/or the county clerk shall provide notice of the public meeting as follows:
   A.   Notice of the date, time, and place of each public meeting shall be at least twenty four (24) hours before the public meeting, which shall be:
      1.   Posted in at least three (3) public locations within the county; or on the county's official website.
   B.   Notice of the date, time, and place of each public meeting shall be provided at least twenty four (24) hours before the public meeting to each applicant, as required by this title and the act. (Ord. 12-12-04, 12-4-2012)

10-13-7: REQUIRED APPLICANT NOTICE; WAIVER OF REQUIREMENTS:

For each land use application, the county planner/zoning administrator and/or the county clerk shall:
   A.   Notify the applicant of the date, time, and place of each public hearing and public meeting to consider the land use application.
   B.   Notify the applicant of any decision on the application by a land use authority.
   C.   Provide to each applicant a copy of each staff report regarding the land use application at least three (3) business days before the public hearing or public meeting.
   D.   If the county fails to comply fully with the requirements of this section, an applicant may waive the failure so that the land use application may stay on the public hearing or public meeting agenda and be considered as if the requirements of this chapter had been met. (Ord. 12-12-04, 12-4-2012)

10-13-8: NOTICE CHALLENGE:

Except for the courtesy notice, which is not subject to challenge, if notice given under authority of this chapter is not challenged, as provided by the act, within thirty (30) calendar days after the meeting or action for which notice is given, the notice is considered adequate and proper. (Ord. 12-12-04, 12-4-2012)