A. Purpose: The purpose of this Section is to provide the procedures for public notice. Public notice serves to inform vicinity property owners, neighborhood associations, and the community of pending development projects along with the date, time, and place of public hearings including appeals of development projects.
B. Applicability:
1. Public notice shall be published, posted, or mailed, and may also be sent electronically, as indicated in this Section 7.5.406, Table 7.5.1-A, Section 7.5.5 (Administrative Decisions), Section 7.5.6 (Decisions Requiring a Planning Commission Hearing), and Section 7.5.7 (Policy Decisions by City Council), as applicable to the type of application being submitted, in accord with the standards of this Section 7.5.406.
2. Where the Manager determines that the size, complexity, or location of the project may create negative impacts on surrounding properties, the Manager may require that posted or mailed notice be provided at least ten (10) days before a Pre-Application Meeting for the project.
3. Mailed notice shall be required for the following:
a. At least ten (10) days before a Neighborhood Meeting;
b. At the time of submittal of an application that will be decided upon by the Planning Commission, FBZ Review Board, Historic Preservation Board, or City Council; and
c. At least fourteen (14) days prior to each public hearing.
C. Content of Notice: The content of the notice shall be established by City staff during the application review process. At minimum, the notice shall include:
1. The address(es) of the land subject to the application;
2. An area map of the development proposal;
3. A general description of the type of project; and
4. For any public meeting or hearing, the date, time, and place of the meeting or hearing.
D. Types of Notice:
1. Published (Newspaper) Notice: When required, notice shall be published in a newspaper or newspapers available in the City as designated for that purpose by the City Council. Notice shall be published between fourteen (14) and thirty (30) days prior to the date of the hearing, decision, or other event for which notice is being provided.
2. Posted (Sign) Notice:
a. When required, at least one poster providing notice shall be placed along each street or right-of-way frontage of the property subject to the application. The property shall be posted at least fourteen (14) days prior to the date of the hearing, decision, or other event for which notice is being provided.
b. The required poster shall be placed along the perimeter of the subject property in locations that are visible from adjacent public ways. Posting may also be outside the actual boundary of the project site if the Manager determines the alternative posting location offers more visibility for public notice.
3. Mailed (Letter) Notice: The Manager may require mailed notification at least fourteen (14) days before the scheduled meeting date to all Neighborhood Associations and property owners within one thousand (1,000) feet of the project site of the proposal. When required, notification shall be mailed within a reasonable time after submittal has been reviewed and accepted.
4. Electronic Notice: Notice may be sent electronically to property owners at the discretion of the Manager.
E. Neighborhood Association Responsibility: Each Neighborhood Association shall be responsible for providing notice of the association and contact information and neighborhood boundary information to the City. The association shall be responsible for updating the contact information and neighborhood boundary information on file with the City as needed. Failure of a Neighborhood Association or a specific officer or member of the association to receive notice due to inaccurate information on file with the City shall not be grounds for a delay of application review or public hearings or for appeal of the resulting decision.
F. Effect of Notice: Evidence that the required notices were published, posted, mailed, or sent electronically in accordance with this Section will be deemed effective and no delay request shall be granted on the grounds of ineffective or improper notice. (Ord. 23-03)