A. Actions Requiring Hearing: Except as otherwise provided herein, an applicant for any action that requires a public hearing must provide public notice of such hearing. Zoning actions that require a public hearing are:
1. Amendments (rezonings);
2. Variances;
3. Conditional uses, including Integrated Design District preliminary plans and final plans.
B. Notice Requirements: The required notice shall consist of the following actions:
1. Sign Display:
a. Except in the case of applications for minor variances, the applicant shall post a sign in the required front yard of the affected property, facing and visible from a public street and no further than thirty feet (30') from the right-of-way line.
b. The sign shall conform to such requirements as to copy, size of lettering, and other items as may be established by the City Council.
c. The sign shall be erected no less than fifteen (15) days prior to the date of the scheduled public hearing and remain continuously in place until the public hearing is concluded, but no more than ten (10) days thereafter.
d. No posting of a sign shall be required if the applicant is the City, the zoning action pertains to property not owned by the City, and the property owner does not consent to the erection of a sign giving notice of the action.
2. Written Notification:
a. The applicant shall also provide written notice of the public hearing to the owners of record of each parcel of real estate abutting or across a street or alley from any boundary of the property affected by the application.
b. The owners of record for this purpose shall be considered those appearing on the records of the County Recorder of Deeds or those who paid Property Taxes for the most recent year according to the records of the County Collector.
c. The written notice shall be delivered in person or by certified mail, return receipt requested, or made via First Class mail, not more than thirty (30) nor less than fifteen (15) days prior to the scheduled date of the public hearing.
d. The written notice shall be substantially in the form of notice provided by the City Clerk. It shall contain:
(1) The name and address of the owner and the applicant, if different from the owner;
(2) The street address and a simple description of the location of the subject property that will enable the ordinary reader to accurately locate it;
(3) The zoning action requested; and
(4) The date, time and location of the public hearing thereupon.
3. Newspaper Publication:
a. The applicant shall publish a notice of the public hearing. This requirement shall apply to all applications, including those for minor variances.
b. The notice shall be published in a newspaper of general circulation in the City at least fifteen (15) days but no more than thirty (30) days before the scheduled date of the hearing. The published notice shall contain the same information as is required for written notification herein.
c. If a board or commission of the City or the City Council proposes an amendment, the City shall be responsible for meeting this requirement.
4. Evidence Of Compliance: No later than the time of the public hearing, the applicant shall file with the City Clerk or the Planning and Zoning Commission:
a. An affidavit stating that he or she has complied with all notice requirements herein;
b. A copy of the written notice sent;
c. A list of names and addresses of all owners of record of property abutting the subject parcel;
d. Signatures, on postal return receipts or in another form, of those receiving the written notice; and
e. A publisher’s certificate of publication of the required notice.
(Ord. 86-382, 12-22-1986; amd. Ord. 96-647; Ord. 97-683; Ord. 12-1059; Ord. 22-26, 4-5-2022)