A. Setting the Hearing.
1. When the Responsible Official determines that an Application is complete and that a public hearing is required by these Subdivision Regulations and Development Standards (see 3.03.08. B. General Notice and Public Hearing Requirements for Replats and 3.03.10.C. Notice Requirements for Plat Vacation) or by State law, the official shall cause notice of such hearing to be prepared and made in accordance with State law.
2. The time set for the public hearing shall conform to the time periods required by 3.03.08. Replat and 3.03.10. Plat Vacation and by State law.
B. Conduct of the Hearing.
1. The public hearing shall be conducted in accordance with State law.
2. Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization.
3. Each person who appears at a public hearing shall state his or her name and address, and if appearing on behalf of an organization or Applicant, state the name of the organization or Applicant for the record.
C. Record of Proceedings. The board/commission conducting the hearing shall record the proceedings using standard municipal record-keeping procedures.
D. Notice Requirements for Replats.
1. Published Notice for Replats.
a. Whenever published notice of a public hearing for a Replat approval before the Council or Commission is required under state law or this UDC, the Responsible Official shall cause notice to be published in a newspaper of general circulation in the City before the fifteenth (15th) calendar day before the date set for the required hearing.
b. The notice shall set forth the date, time, place and purpose of the hearing, and identification of the subject property, where the decision concerns an individual tract or parcel of land.
2. Personal Notice for Replats.
a. Notification by Mail Whenever personal notice of a Replat public hearing is required by state law or this UDC before the Council or Commission, the Director of Planning shall cause notice to be sent by regular mail before the fifteenth (15th) calendar day before the hearing date to the following:
i. Each owner of real property located within the original subdivision within two hundred (200) feet of the exterior boundary of the property in question, and
ii. The Applicant.
b. Notification Details. The notice shall set forth the name of the Applicant, the time, place and purpose of the hearing, identification of the subject property.
i. Notice shall be sent to each owner indicated on the most recently approved municipal tax roll for land inside the City limits, and, when required by state law, on the most recently approved County tax roll for land in the extraterritorial jurisdiction. For recently annexed land that is not included on the most recently approved City or County tax roll, notice may be given by publication.
ii. Notice shall be considered served by depositing the notice, properly addressed and first class postage prepaid, in the United States mail.
E. Notice Requirements for Plat Vacations.
1. Published notice of the public hearing on the Plat Vacation Application shall be given in accordance with 3.02.03. Public Hearings for Replat and Plat Vacation Applications and State law.
2. The hearing shall be conducted by the City Council.
