2-2-050 Public Hearings and Meetings

A. Scheduling a Public Hearing or Meeting. An application requiring a public hearing or meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of an application and holding a public hearing or meeting shall be considered in light of: 1. The complexity of the application submitted; 2. The number of other applications received which require a public hearing or meeting; 3. Available staff resources; and 4. Applicable public notice requirements. B. Public Notice Classifications and Requirements: Notices for applicable public hearings or public meetings shall comply with Section 63G-30-102 of the Utah Code; and more particularly: a. Class A Notice shall be published on the Utah Public Notice Website, the Official Box Elder County Website, and the affected area. 1. If the affected area is the unincorporated area of Box Elder County, the public notice will be posted at the County building. 2. If the affected area is a public street, the public notice will be posted on or adjacent to the public street. 3. If the affected area is an easement, the public notice will be posted on or adjacent to the easement; or in a public location that is reasonably likely to be seen by persons who are likely to be impacted by the easement. b. Class B Notice shall be published on the Utah Public Notice Website, the Official Box Elder County Website, and the affected area. 1. For ordinance text amendments the area directly affected shall be the unincorporated area of Box Elder County and the public notice will be posted at the County building. 2. For zoning map amendments, the area directly affected shall be the parcel(s) or lot(s) that have petitioned for the amendment. The public notice will be posted on the property that has petitioned for the amendment. In addition, the private real property owner and adjacent property owners to the proposed amendment will be sent a courtesy notice. Public notices for zoning map amendments that affect an area of 5,000 acres or more of unincorporated County will be posted on major roadways and a courtesy notice will be sent to private real property owners. C. Required Notice of Public Meeting. Notices for public meetings shall comply with the Utah Open and Public meetings Act (Utah Code Annotated 52-4-101 et. seq. as annotated). D. Challenge of Notice. If notice required by this section is not challenged in accordance with applicable appeal procedures within thirty (30) days from the date of the hearing or meeting for which notice was given, the notice shall be considered adequate and proper. E. Public Hearing and Meeting Procedures. An application shall be considered pursuant to policies and procedures established by the decision-making body or official for the conduct of its meetings. F. Withdrawal of Application. An applicant may withdraw an application at any time prior to action on the application by the decision-making body or official. Application fees shall not be refundable if prior to withdrawal: 1. A staff review of the application has been undertaken; or 2. Notice for a public hearing or meeting on the application has been mailed, posted or published. G. Record of Public Hearing or Meeting. A record of the public hearing or meeting shall be made in accordance with the Utah Code Annotated 52-4 as amended. H. Notification. Notice of a decision by the decision-making body or official shall be provided to an applicant within a reasonable time.