(A) Legislative hearings. Notice of hearings for legislative amendments shall consist of a statement specifying the date, time, place, and general subject of the hearing, and shall be published in a newspaper of general circulation in the city at least three times during the three weeks prior to the hearing. In addition, notice shall be provided in accordance with the applicable state statute.
(B) Quasi-judicial hearings. Notice of quasi-judicial hearings for the consideration of applications and appeals provided for in this chapter shall:
(1) (a) Be provided in writing to the applicant and to the owners of record of property on the most recent tax assessment roll of the county:
1. Within 500 feet of the boundaries of the subject property in T-C Zones; or
2. Within 250 feet of the subject property in all other zones.
(b) The city may provide additional notices, such as, to known neighborhood or community organizations whose boundaries include the subject property.
(2) Explain the nature of the application and the use or uses which could be authorized;
(3) List the applicable criteria from this chapter that apply to the subject application;
(4) Set forth the street address or other easily understood information identifying the location of the subject property;
(5) State the date, time, and location of the hearing;
(6) State that a copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at city hall at no cost and can be provided at a reasonable cost;
(7) State that a copy of the city’s staff report is available for inspection at no cost and can be provided at a reasonable cost seven days prior to the hearing;
(8) Provide the name and telephone number of the city staff person to contact for additional information;
(9) Include a general explanation of the requirements for submission of testimony and the conduct of the hearing;
(10) State the failure to raise an issue in the hearing, either in person or in writing, or failure to provide statements or evidence sufficient to afford the hearings body an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals on that issue; and
(11) Notice of a quasi-judicial public hearing shall be published in a newspaper of general circulation in the city at least ten days prior to the date of the hearing.
(C) Failure to receive notice. The failure of a property owner to receive notice as provided for in this section shall not invalidate the subject hearing proceeding provided that the city can demonstrate by affidavit that such notice was given.
(D) Mobile home/manufactured dwelling park.
(1) If the application changes the zone of a property which includes all or part of a mobile home/manufactured dwelling park, the city shall give written notice by first class mail to each existing mailing address for occupants of the mobile home/manufactured dwelling park at least 20 days, but not more than 40 days, before the date of the first hearing on the application.
(2) For the purposes of this section, the occupants name and address as listed by the owner or manager of the park shall be used for notification.
(E) Decision or action of Planning Commission or City Council. No decision or action by the Planning Commission or City Council shall be invalid due to expanse contact, or bias resulting from ex-parte contact, with a member of the Planning Commission or City Council, if the member of the decision-making body receiving the contact:
(1) Places on the record the substance of any written or oral ex-parte communications concerning the decision or action; and
(2) Makes an announcement of the content of the contact or communication, and of the parties’ right to rebut the substance of the contact, at the first hearing following the communication where action will be considered or taken on the subject to which the communication pertains. A communication between city staff (including consultants for legal, engineering, planning, or other services) and the Planning Commission or City Council shall not be considered an ex-parte contact.
(F) Notice of exception to state-wide planning goals. Actions involving the consideration of exception to the state-wide planning goals shall be subject to the notice and hearing requirements of this section and § 152.207 of this subchapter. In addition, the required notice of public hearing shall specifically note the exceptions to be considered and shall summarize the issues in an understandable manner.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)