10-7-4: PUBLIC HEARINGS AND MEETINGS:
Any public hearing or meeting required under this title, as the case may be, shall be scheduled and held subject to the requirements of this section.
   A.   Scheduling A Public Hearing Or Meeting: An application requiring a public hearing or meeting shall be scheduled within a reasonable time following receipt of a complete application. The amount of time between receipt of an application and holding a public hearing or meeting shall be considered in light of:
      1.   The complexity of the application submitted;
      2.   The number of other applications received which require a public hearing or meeting;
      3.   Available staff resources; and
      4.   Applicable public notice requirements. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
   B.   Notice Requirements: The notice required by this land use ordinance shall be satisfied by actual notice or the notice specified as follows:
      1.   Applicant Notice: For each land use application, the city shall notify the applicant of the date, time, and place of each public hearing and public meeting to consider the application and of any final action on a pending application.
      2.   Notice Of Public Hearings And Public Meetings To Consider General Plan Or Modifications:
         a.   The city shall provide:
            (1)   Notice of the date, time, and place of the first public hearing to consider the original adoption or any modification of all or any portion of a general plan; and
            (2)   Notice of each public meeting on the subject.
         b.   Each notice of a public meeting under subsection B2a(2) of this section shall be at least ten (10) calendar days before the public hearing and shall be:
            (1)   Published in a newspaper of general circulation in the area;
            (2)   Mailed to each affected entity; and
            (3)   Posted in at least three (3) public locations within the city or on the city's official website.
         c.   Each notice of a public meeting under subsection B2a(2) of this section shall be posted at least twenty four (24) hours before the meeting and shall be posted in at least three (3) public locations within the city or on the city's official website.
      3.   Notice On Adoption Of Modification: Notice of public hearings and public meetings on adoption of modification of the land use ordinance.
         a.   The city shall give:
            (1)   Notice of the date, time, and place of the first public hearing to consider the adoption of any modification of a land use ordinance; and
            (2)   Notice of each public meeting on the subject.
         b.   Each notice of a public hearing under subsection B3a(2) of this section shall be:
            (1)   Mailed to each affected entity at least ten (10) calendar days before the public hearing;
            (2)   Posted in at least three (3) public locations within the city or on the city's official website; and
            (3)   Published in a newspaper of general circulation in the area at least ten (10) calendar days before the public hearing; or mailed at least three (3) days before the public hearing to:
               (A)   Each property owner whose land is directly affected by the land use ordinance change; and
               (B)   Each adjacent property owner within the parameters specified by this title.
         c.   Each notice of a public meeting under subsection B3a(2) of this section shall be at least twenty four (24) hours before the meeting and shall be posted in at least three (3) public locations within the city or on the city's official website. (Ord. 2005-15, 7-21-2005)
   C.   Challenge Of Notice: If notice required by this section is not challenged in accordance with applicable appeal procedures within thirty (30) days from the date of the hearing or meeting for which notice was given, the notice shall be considered adequate and proper.
   D.   Examination And Copying Of Application And Other Documents: Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the appropriate city office. Copies of such materials shall be made available at reasonable cost.
   E.   Public Hearing And Meeting Procedures: An application shall be considered pursuant to policies and procedures established by the decision making body or official for the conduct of its meetings.
   F.   Withdrawal Of Application: An applicant may withdraw an application at any time prior to action on the application by the decision making body or official. Application fees shall not be refundable if prior to withdrawal:
      1.   A staff review of the application has been undertaken; or
      2.   Notice for a public hearing or meeting on the application has been mailed, posted or published.
   G.   Record Of Public Hearing Or Meeting:
      1.   Written minutes or a digital or tape recording shall be kept of all public hearings or meetings. Such minutes or a digital or tape recording shall include:
         a.   The date, time, and place of the meeting;
         b.   The names of members present and absent;
         c.   The substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
         d.   The names of all citizens who appeared and the substance in brief of their testimony; and
         e.   Any other information that any member requests be entered in the minutes.
      2.   The minutes, tape recordings, all applications, exhibits, papers and reports submitted in any proceeding before the decision making body or official, and the decision of the decision making body or official, shall constitute the record thereof. The record shall be made available for public examination as provided in subsection D of this section.
   H.   Notification: Notice of a decision by the decision making body or official shall be provided to an applicant within a reasonable time. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2005-15, 7-21-2005)