For all public hearings, the notice shall be provided to the public consistent with the requirements of this section and the rules and procedures of the Board of Zoning Appeals and Plan Commission. Required public notice shall include the following.
(A) Legal notice. The applicant shall prepare and pay for a legal notice consistent with the requirements of I.C. 5-3-1 for publication in the local newspaper. The legal notice shall appear in the newspaper no less than one time at least ten days prior to the public hearing, not including the date of the hearing. Legal notices shall include each of the following.
(1) Property location. The general location of the subject property, including its common address and a legal description of the included land.
(2) Available plans. The project plans are available for examination at the office of the Hancock County Area Plan Commission.
(3) Hearing information. A public hearing will be held, giving the date, place, and hour of the hearing.
(4) Written comments. Written comments on the application will be accepted prior to the public hearing and may be submitted to the Planning Director.
(B) Notice to interested parties. The applicant shall prepare and distribute written notice of the application to all interested parties. The written notice shall be distributed at least ten days prior to the public hearing, not including the date of the hearing. In no instances shall streets, alleys, streams, or other features be considered boundaries for precluding notification.
(1) Notice information. The notice shall contain the same information as the legal notice that is published in the newspaper as outlined in division (A) above.
(2) Responsibility. The distribution and cost of the notice shall be the responsibility of the applicant.
(3) Notification requirements. Notification shall be provided to owners of all parcels of land adjoining the subject property to a depth of two ownerships or 600 feet, whichever is less, from the exterior boundaries of the subject property. The most current list of property owners can be obtained from the County Auditor's Office. For the purposes of notification, where any adjacent parcels of land are owned by the applicant(s), subject property shall be deemed to include adjacent land owned by the applicants.
(4) Notification certification. A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a completed Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Planning Director by the applicant a minimum of two business days prior to the date of the public hearing.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Legal notice, see I.C. 5-3-1