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Taylorsville City Zoning Code

CHAPTER 13

35 NOTICE REQUIREMENTS

13.35.010: APPLICANT NOTICE; WAIVER OF REQUIREMENTS:

   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 (3) business days before the public hearing or public meeting; and
      3.   Notify the applicant of any final action on a pending application.
   B.   The applicant may waive the requirements of subsection A1, A2, or A3 of this section. (Ord. 12-15, 7-11-2012)

13.35.020: THIRD PARTY NOTICE:

   A.   For those sections of this title that require notice to adjacent property owners (except as provided below), the city shall:
      1.   Mail notice three (3) business days before the public hearing or public meeting to the record owner of each parcel within three hundred feet (300') of the property that is the subject of the hearing; or
      2.   Post notice on the property with a sign no smaller than eleven inches by seventeen inches (11" x 17") and of sufficient durability, print quality, and location that is reasonably calculated to give notice to passersby.
   B.   The mailed notice to third party property owners under subsection A1 of this section shall include both property owners within the city boundaries and property owners within adjacent jurisdictions within three hundred feet (300') of the subject property. (Ord. 12-15, 7-11-2012)

13.35.030: GENERAL PLAN:

   A.   General Plan Consideration
      1.   After a proposed General Plan or General Plan amendment for all or part of the city has been prepared, the Planning Commission shall schedule and hold a public hearing to consider the proposed plan or plan amendment after notice is given as set forth below.
      2.   After the Planning Commission has forwarded the proposed General Plan or amendment to the City Council, the Council shall hold a public meeting on the proposal after notice is given as set forth below.
   B.   Notice of Intent
      1.   Before preparing a proposed General Plan or a comprehensive General Plan amendment, the city shall provide ten (10) calendar days’ notice of the city’s intent to prepare the proposed General Plan or comprehensive General Plan amendment:
         a.   To each affected entity, as defined in Utah Code §10-9a-103(3);
         b.   To the Utah Geospatial Resource Center created in Utah Code § 63A-16-505;
         c.   To the Wasatch Front Regional Council; and
         d.   On the Utah Public Notice Website created under Utah Code § 63A-16-601.
      2.   Each notice required by subsection (E)(1) shall:
         a.   Indicate that the city intends to prepare a General Plan or a General Plan amendment, as applicable;
         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, e-mail, or other effective means;
         d.   Invite the affected entities to provide information for the city to consider in the process of preparing, adopting, and implementing a General Plan or amendment concerning:
            (1)   Impacts that the use of land proposed in the proposed General Plan or amendment may have; and
            (2)   Uses of land within the city that the affected entity is considering that may conflict with the proposed General Plan or amendment; and
         e.   Include the address of an Internet website, if the city has one, and the name and telephone number of an individual where more information can be obtained concerning the city’s proposed General Plan or amendment.
   C.   Notice of Public Hearing
      1.   The city shall provide:
         a.   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
         b.   Notice of each public meeting on the subject.
      2.   Each notice of a public hearing shall be at least ten (10) calendar days before the public hearing and shall be:
         a.   Published on the Utah Public Notice Website created in Utah Code § 63A-16-601;
         b.   Mailed to each affected entity, as defined in Utah Code §10-9a-103(3); and
         c.   Posted:
            (1)   In at least three (3) public locations within the city; or
            (2)   On the city’s official website.
   D.   Notice of Public Meeting
Each notice of a public meeting shall be at least twenty-four (24) hours before the meeting and shall be:
      1.   Published on the Utah Public Notice Website created in Utah Code § 63A-16-601; and
      2.   Posted:
         a.   In at least three (3) public locations within the city; or
         b.   On the city’s official website. (Ord. 21-14, 10-6-2021)

13.35.040: ZONE DISTRICT MAP AND LAND DEVELOPMENT CODE:

   A.   Zone District Map and Land Development Code Consideration:
      1.   The Planning Commission shall hold a public hearing to consider and make recommendations to the City Council on a proposed Land Development Code, zone district map or amendment thereto after notice is given as set forth below.
      2.   After the Planning Commission has forwarded the proposed zone district map or Land Development Code or amendment and its recommendation to the City Council, the Council shall consider each proposed Land Development Code, zone district map or amendment thereto at a public meeting after notice is given as set forth below.
   B.   Notice of Public Hearing
Each notice of a public hearing required by subsection (B) above shall be:
      1.   Mailed to each affected entity, as defined in Utah Code § 10-9a-103(3), at least ten (10) calendar days before the public hearing; and
      2.   Posted:
         a.   In at least three (3) public locations within the city; or
         b.   On the city’s official website; and
      3.   Posted on the Utah Public Notice Website created in Utah Code § 63A-16-601, at least ten (10) calendar days before the public hearing; or
      4.   Mailed at least ten (10) days before the public hearing to:
         a.   Each property owner whose land is directly affected by the land use ordinance change; and
         b.   The record owner of each parcel within three hundred feet (300') of the property that is the subject of the hearing.
   C.   Notice of Public Meeting
Each notice of a public meeting required by subsection (A)(2) shall be posted at least twenty-four (24) hours before the public meeting:
      1.   In at least three (3) public locations within the city; or
      2.   On the city’s official website.
   D.   Zoning Map Enactment or Amendment - Courtesy Notice
The city shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within a proposed zoning map enactment or amendment at least ten (10) days before the scheduled day of the public hearing.
      1.   The notice shall:
         a.   Identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;
         b.   State the current zone in which the real property is located;
         c.   State the proposed new 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 or map amendment is adopted;
         e.   State that the owner of real property may no later than ten (10) days after the day of the first public hearing file a written objection to the inclusion of the owner’s property in the proposed zoning map or map amendment;
         f.   State the address where the property owner should file the protest;
         g.   Notify the property owner that each written objection filed with the municipality will be provided to the City Council; and
         h.   State the location, date, and time of the public hearing to consider the zoning map or map amendment.
      2.   The courtesy notice required by this subsection (D) may be included in or part of the mailed notice described in subsection (B)(4) above, rather than sent separately. (Ord. 21-14, 10-6-2021)

13.35.050: SUBDIVISION REGULATIONS:

   A.   Subdivision Regulations Consideration
      1.   The Planning Commission shall hold a public hearing to consider and recommend to the City Council proposed ordinances regulating the subdivision of land or amendments thereto after notice is given as set forth below.
      2.   After the Planning Commission has forwarded the proposed ordinances regulating the subdivision of land or amendments thereto and its recommendation to the City Council, the Council shall consider each proposed ordinance regulating the subdivision of land or amendment thereto at a public meeting after notice is given as set forth below.
   B.   Notice of Public Hearing
Each notice of a public hearing required by subsection (A)(1) above shall be in accordance with the noticing procedures established in subsection 13.35.040B.
   C.   Notice of Public Meeting
Each notice of a public meeting required by subsection (A)(2) above shall be in accordance with the noticing procedures established in subsection 13.35.040C. (Ord. 21-14, 10-6-2021)

13.35.060: SUBDIVISION PLATS AND AMENDMENTS:

   A.   Subdivision Plat Consideration
      1.   The Planning Commission shall hold a public hearing to consider a preliminary subdivision plat or an amendment to a preliminary subdivision plat after notice is given as set forth below.
      2.   If an entire subdivision is vacated, the City Council shall consider the matter at a public meeting and pass a resolution containing a legal description of the entire vacated subdivision to be recorded in the County Recorder’s Office.
   B.   Public Hearing Notice
The city shall give notice of the date, time, and place of a public hearing as follows:
      1.   Mailed not less than ten (10) calendar days before the public hearing and addressed to the record owner of each parcel within the subdivision plat and the record owner of each parcel within three hundred feet (300') of the property proposed for subdivision or an amendment to a subdivision; or
      2.   Posted not less than ten (10) calendar days before the public hearing on the property proposed for subdivision or amendment, in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passersby; and
      3.   If a proposed amendment involves the vacation, alteration, amendment, or closure of a street, the city shall hold a public hearing and give notice of the date, place, and time of the public hearing in accordance with Utah Code §10-9a-208.
      4.   If a preliminary plat is being considered that describes a multiple-unit residential development or a commercial or industrial development, notice shall be mailed not less than three (3) calendar days before the public hearing to each affected entity.
   C.   By Petition: If a petition has been filed to amend a subdivision pursuant to Utah Code § 10-9a-608, the public hearing shall be within forty five (45) days after the petition has been filed if:
      1.   An owner within the plat notifies the city of their objection to a proposed vacation, alteration, or amendment of a subdivision plat, in writing, within ten (10) calendar days of mailed notification; or
      2.   All the owners in the subdivision have not signed the revised plat.
   D.   Public Meeting Notice: Each notice of a public meeting to consider the vacation of an entire subdivision shall be at least twenty-four (24) hours before the meeting and shall be posted:
      1.   In at least three (3) public locations within the city; or
      2.   On the city’s official website. (Ord. 21-14, 10-6-2021)

13.35.070: CONDOMINIUM PLATS AND AMENDMENTS:

If required by other provisions of this code or state law, the Planning Commission shall consider a condominium plat at a public hearing and comply with the noticing requirements therein. If a public hearing is not required, the Planning Commission shall consider the condominium plat at a public meeting. (Ord. 21-14, 10-6-2021)

13.35.080: STREET VACATIONS, ALTERATIONS, AMENDMENTS OR CLOSURES (NOT WITHIN A SUBDIVISION PLAT):

   A.   Consideration Of Public Street Vacations, Alterations, Amendments, Or Closures:
      1.   Consideration of vacation, alteration, amendment or closure of public streets that are within a subdivision plat shall comply with the hearing and notice provisions set forth for subdivision plat amendments above.
      2.   For consideration of the vacation, alteration, amendment, or closure of public streets that are not within a subdivision plat, the planning commission shall hold a public hearing to consider the vacation, alteration, amendment, or closure.
   B.   Public Hearing Notice: The city shall give notice of the date, place, and time of a public hearing for the Planning Commission to consider a vacation, alteration, amendment, or closure of a public street in accordance with Utah Code § 10-9a-208. (Ord. 21-14, 10-6-2021)

13.35.090: GENERAL NOTICE REQUIREMENTS:

For those sections of this title which require public hearings or public meetings for which the notice requirements are not specified, notice shall be as follows:
   A.   Application Concerning Specific Parcel Of Property; Notice Of Public Hearing: For an application that concerns a specific parcel of property, the city shall provide notice of the date, time, and place of a public hearing that is:
      1.   Posted not less than ten (10) calendar days before the public hearing in at least three (3) public locations within the city or on the city's official website;
      2.   Mailed not less than ten (10) calendar days before the public hearing and addressed to the record owner of each parcel directly affected by the application and of each parcel within three hundred feet (300') of that property. The mailed notice to third party property owners under subsection 13.35.020A1 of this chapter shall include both property owners within the city boundaries and property owners within adjacent jurisdictions within three hundred feet (300') of the subject property; or
      3.   Posted not less than ten (10) calendar days before the public hearing, on the property to which the application pertains, in a visible location, with a sign of sufficient size, durability, and print quality that is reasonably calculated to give notice to passersby.
   B.   Application Not Concerning Specific Parcel Of Property; Notice Of Public Hearing: For an application that does not concern a specific parcel of property (i.e., text change), the city shall provide notice of the date, time, and place of a public hearing that is posted not less than ten (10) calendar days before the public hearing in at least three (3) public locations within the city or on the city's official website.
   C.   Notice For Public Meetings: The city shall provide notice of a public meeting at least twenty four (24) hours before the meeting that shall be posted in at least three (3) public locations within the city or on the city's official website. (Ord. 12-15, 7-11-2012)

13.35.100: NOTICE CHALLENGE:

If notice given under authority of this chapter is not challenged pursuant to the provisions of this code within thirty (30) calendar days after the meeting or action for which notice is given, then notice is considered adequate and proper. (Ord. 12-15, 7-11-2012)