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MapLink™ | Procedures | Public Hearings and Notifications

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Public Hearings and Notifications
A.  Public Hearings. Public hearings shall be conducted for each review body per plan or Application type according to the following table.
See Table 25 for information about Review Bodies and Public Hearings.
 
B. Public Notices. Public notices shall be required according to the following table.
See Table 26 for information on public notices.

C. Types of Notice.
1. Sign Notice Posted on Property.
a. The Director of Planning shall maintain an inventory of signs to fulfill the notification requirements listed in Table 26, Required Public Notice.
b. The continued maintenance of the sign shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment.
 
2. Published Notice and Written Notice of Public Hearing for Zoning Changes Involving Real Property.
a. Published Notice. Notice of the public hearing to occur before the City Council shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing.
b. Written Notice for Protest (also referred to as "Mailed Notice").
i. Before the fifteenth (15th) calendar day, written notice of the public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed.
ii. Said written notice shall be served by depositing the notice, postage paid, in the regular United States mail.
iii. If written notice as required is not sent before the fifteenth (15th) calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met.
iv. Such notice shall include:
(a) Legal description of the property and the street address or approximate location within the City.
(b) Present zoning classification of the property and the zoning sought by the Applicant. If not a rezoning, then the nature or intent of the Application shall be described.
(c) The date, time, and place of hearing.
(d) The web site that contains the zoning map and information regarding the rezoning;
(e) The phone number where questions may be answered; and
(f) Other information as may be necessary to provide adequate and timely public notice.
c. Written Notice for Courtesy Interest.
i. It shall be the City’s policy to provide written notification to properties located beyond the required two hundred (200) foot notification area, but within four hundred (400) feet of the property on which the change in classification is proposed.
ii. Property owners within the required two hundred (200) foot notification area will not receive a courtesy notice.
iii. Property owners within the courtesy area may be heard during the public hearing; however, protests will not count as an toward the twenty (20) percent requirement noted in 2.10.03. H Three-Fourths City Council Vote Required for Protested Amendments.
iv. Failure to notify property owners within this courtesy area will not preclude action on the zoning amendment.
 
3. "Published Notice" of Public Hearing for Zoning Changes Involving Regulation Text.
a. For requests involving proposed changes to the text of the zoning regulations, notice of the City Council public hearing shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior to the date of the public hearing.
b. Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property) do not require written notification to individual property owners.

4. Published Notice and Written Notice of an Appeal of a City Administrative or Interpretative Decision to the Board of Adjustment.
a. For an Appeal of a City Administrative or Interpretative Decision, the Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made, and by publication of notice of such hearing in the City’s official newspaper.
b. Both the mailed and published notice shall be given before the fifteenth (15th) calendar day prior to the date for the hearing.
c. At the hearing, any party may appear in person or by Attorney or by agent.

5. Additional Rules and Procedures Established.
a. The City Council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.), which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the Applicant or its agent(s).
b. The City Council may, by policy enacted through a resolution, direct notice of a Zoning Map Amendment (Rezoning) beyond two hundred (200) feet. Failing to adhere to such notice does not constitute a procedural violation and does not alter the protest area.
c. Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the Applicant and shall be required as part of a zoning change or development Application.