A. Public Hearings: On every land use action for which notice is provided below, both the planning and zoning commission and the city council shall hold a public hearing in which interested persons shall have an opportunity to be heard. No notice of a city council hearing shall be given prior to receiving a recommendation from the planning and zoning commission or an appeal from the design review board. Following any hearing, if a material change from what was advertised in the notice and presented at the public hearing is proposed, further notice and hearing shall be provided before the final decision is made.
B. Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for annexations, variances, conditional uses, this title amendments, and subdivisions.
1. Meeting Requirements:
a. It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed appropriate by the zoning administrator, to all property owners of record owning property within a three hundred foot (300') radius of the exterior boundary of the application property, and to contiguous homeowners' associations and any neighborhood associations deemed appropriate by the zoning administrator. Notice of a neighborhood meeting shall be in addition to, and not in lieu of, mailed radius notices already required by this title, except when notice of a neighborhood meeting is required of two hundred (200) or more property owners of record, alternate forms of notice may be provided as deemed appropriate by the zoning administrator. The neighborhood meeting written notice shall be provided by mail a minimum of fifteen (15) calendar days prior to the scheduled neighborhood meeting.
b. The purpose of the neighborhood meeting is for the applicant to provide project information to the property owners of record.
(1) Meetings shall be on a Saturday between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M., or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a holiday, a holiday weekend or the day before or after a holiday or holiday weekend.
(2) The meeting shall be held either on the application property, at the nearest public meeting place, or at an office space with suitable meeting facilities if such facilities are within the city of Eagle area of impact boundary.
c. The neighborhood meeting shall be conducted prior to the submittal of the application.
d. Application materials shall include a written verification of the neighborhood meeting and a dated copy of notice provided to property owners of record.
C. Published And Mailed Notice For Spring Valley Master Plan And This Title Text Enactments, Amendments, And Repeals: At least fifteen (15) days prior to each hearing, notice of the time and place of the hearing and a summary of the proposed action shall be published in the official newspaper or paper of general circulation within the city. Notice shall also be made available to other papers, radio, and television stations serving the city for use as a public service announcement. Notice shall be sent to all political subdivisions providing services within the city, including school districts, at least fifteen (15) days prior to the public hearing.
D. Published And Mailed Notice For Spring Valley Master Plan Land Use Map Amendment, This Title Map Amendment, Development Agreement, Conditional Use Permit, Variance, Planning Unit Master Plan And Subdivision: At least fifteen (15) days prior to each hearing, notice of the time and place of the hearing and a summary of the request and proposed action shall be published in the official newspaper or paper of general circulation within the city. Notice may also be made available to other papers, radio, and television stations serving the city for use as a public service announcement.
At least fifteen (15) days prior to the hearing, additional notice shall be provided by mail to political subdivisions providing services, including school districts, and to property owners of record of the land being considered, of land within a three hundred foot (300') perimeter of the exterior boundary of the application property, and of any additional area that may be impacted by the proposed change as determined by the zoning administrator or planning and zoning commission. When notice is required to two hundred (200) or more property owners of record, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears ten (10) days prior to the public hearing.
E. Posted Notice: Except as noted within this subsection, anytime notice is required under subsection D of this section, the land being considered shall be posted not less than ten (10) days prior to the planning and zoning commission hearing and again not less than ten (10) days prior to the city council hearing. For Spring Valley master plan title amendments consisting of changes to more than ten (10) parcels of land posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right of way. In such cases a minimum of one four foot by eight foot (4' x 8') plywood sign shall be placed adjacent to the right of way. Otherwise, three (3) notices in the official newspaper or paper of general circulation, with the third notice appearing a minimum of ten (10) days prior to the public hearing, shall be published. The notice shall include a six inch by six inch (6" x 6") minimum size graphic representation showing the proposed Spring Valley master plan land use map or this title map amendments. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:
1. Signage Requirements:
a. The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground.
b. Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Public Hearing Notice". In addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below:
2. Location Of Signs: The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right of way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right of way must be obtained and the sign(s) located therein. Except as noted herein, or as determined by the zoning administrator, if the land being considered consists of more than one parcel of record, a sign must be located upon each parcel. The zoning administrator, upon finding that adequate notice will be provided, may not require all signs to comply with the size requirements of subsection E1 of this section. In the event that the land being considered includes properties with five hundred feet (500') or more of road frontage, a sign shall be placed on each end of the property roadway frontage. If this property includes a corner lot, three (3) signs shall be posted, one on the corner and one on each end of the property roadway frontages.
3. Certification: The applicant shall submit a certification to the city clerk no later than seven (7) days prior to the hearing as to what, where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled.
4. Sign Removal; Penalty: No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be removed. A penalty of twenty five dollars ($25.00) per day shall be imposed against each applicant for late removal of the signs. (Ord. 710, 1-14-2014; amd. Ord. 884, 9-27-2022)