(A) Date; Quorum: The date for public hearings shall be fixed by the chairman of the commission within a reasonable time and in no event shall the date be set later than seventy five (75) days after the receipt of a complete application and all necessary documents pertinent thereto. Notwithstanding the absence of a quorum of the commission at the time set for a particular hearing, members of the commission present may by public announcement at the time and place of the hearing continue that hearing to a time and place where a quorum is anticipated to be present, exercising the power of the chair to set the time of hearing, and thus utilizing actual notice to those who responded to public notice. Further public notice of such a continued hearing need only be given by posting at city hall.
(B) Public Notice: The commission, through the administrator, shall give public notice at least fifteen (15) days prior to the hearing date in the official newspaper of the city. Notice shall be made available to all radio stations within the county for use as a public service announcement.
(C) Notice To Adjacent Property Owners: The applicant shall give notice by regular first class U.S. mail or personal delivery, and shall provide an affidavit, or proof, of such notice, to each owner of property of record as shown on records obtained from the Valley County assessor's office, or a commercial title company doing business in the county or city, any portion of which is located within three hundred feet (300') of the exterior boundary of the subject property, and to all others as required by state law to be entitled to notice. The notice shall be mailed or delivered at least fourteen (14) days prior to the scheduled public hearing. The notice shall give the date, time and place of the hearing, the name(s) of the applicant(s), the relief sought, an identification of the subject property, and such other information as may be prescribed by the commission. If the city is the applicant for modification or revocation of a variance or conditional use, such notice shall also be sent to the owner of the subject property by certified mail, return receipt requested, and delivered by hand to the occupant of the property. If an applicant is not the owner of all of the property affected by the application, as a zoning map amendment initiated by some but not all owners of the property affected, such notice shall also be sent to the owner of the subject property by certified mail, return receipt requested.
(D) Notice To Property Owner: In the event that the application has been filed by a person other than the property owner as such property owner is shown on the last equalized assessment roll, notice shall be mailed to the property owner.
(E) Request For Notice; Fee: Notice shall be given by first class mail to any person who has filed a written request with the administrator. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
(F) Additional Notices: If, during the preliminary review of the proposed project, the commission decides that a greater number of property owners, or owners with properties more than three hundred feet (300') from the exterior boundary of the subject property, should be noticed, the commission will so advise the applicant of the decision and the additional notices required.
(G) Failure To Receive Notice: The failure to receive notice by any person entitled thereto by law or by this chapter does not affect the validity of any action taken pursuant to the procedures set forth in this chapter.
(H) Posting Notice On Property: The applicant shall post notice, in a form approved by the administrator, conspicuously on the premises which is the subject of the application, not less than fifteen (15) days prior to the hearing date. The applicant shall provide photographic evidence of such notice to the administrator.
(I) Published Notice And Map: When notice of a hearing on a proposed zoning map amendment, conditional use, variance, scenic route application, planned unit development, or other zoning action is required to two hundred (200) or more property owners or purchasers of record, notice otherwise required by subsections (C) and (D) of this section need not be given; provided, that the published notice under subsection (B) of this section includes a map identifying the property together with text indicating the general nature of the zoning change proposed. The format of notice shall be provided by the administrator.
(J) Payment Of Fees: Fees shall be paid by the applicant at the time of filing an application. Fees shall be in accordance with a fee schedule established periodically by the council by resolution. These fees shall include costs of publication, mailing fees, any application fees and other charges as may be set by the council by resolution. (Ord. 821, 2-23-2006, eff. 3-16-2006)