The Zoning Administrator shall give notice of any evidentiary hearing required by § 159.06 as follows.
(A) Mailed notice.
(1) Notice of an evidentiary hearing shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing.
(2) To the owner of the property that is the subject of the hearing if the owner did not initiate the hearing.
(3) To the owners of all parcels of land abutting the parcel of land that is the subject of the hearing.
(4) To any other persons entitled to receive notice.
(5) In the absence of evidence to the contrary, the county tax listing shall be used to determine owners of property entitled to mailed notice.
(6) The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing.
(7) The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.
(B) Within the time period in § 159.07(A)(6), a notice of the hearing shall be prominently posted on the site that is the subject of the hearing or on an adjacent street or highway right-of-way, notice posted on the City's website, and published in a newspaper with general circulation in the city.
(C) The notice required by this section shall state the date, time and place of the hearing, reasonably identify the property that is the subject of the application or appeal, and give a brief description of the action requested or proposed.
(D) Administrative materials.
(1) The Zoning Administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. If the administrative materials are distributed to the members of the Board prior to the hearing, at the same time, a copy must also be provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant.
(2) The administrative materials shall become a part of the hearing record.
(3) The administrative materials may be provided in written or electronic form.
(4) The Chair shall rule on objections to inclusion or exclusion of administrative material, and may be appealed to the full Board. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)