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Subject to the provisions of division (D), no actions shall be taken by the Zoning Board of Review on the matter of an appeal, special use permit or variance, or any other matter upon which the Board is authorized to pass, without first holding a public hearing thereon. At such public hearing opportunity shall be given to all persons interested in being heard on the matter of the appeal, special use permit or variance.
(A) The Board shall fix a reasonable time for the hearing of an appeal or application for a special use permit or variance; shall publish public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town of Middletown prior to the date of such hearing.
The Board shall give due notice by first class mail at least 14 days in advance to the applicant, all owners of real property located in or within not less than 200 feet of the perimeter of the subject area and other parties of interest. The notice shall include the street address of the subject property, or if no street address is available, other information which will assist interested parties to identify the property geographically.
(B) The Board may:
(1) Request that the Planning Board, other town commissions or town departments review the application and report findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan. Such requests shall be acted upon and returned to the Board within 30 days of receipt.
(2) Require that a supplemental notice, when an application for a variance is under consideration, be posted at the location in question. The posting shall be for information purposes only and does not constitute required notice of a public hearing.
(C) The Board shall hear and decide appeals, special use requests and variances within a reasonable time. Any party may appear at the hearing in person, by agent authorized in writing or by attorney. Notice of granting of an appeal. Special use permit or variance shall be sent to the Zoning Officer and Planning Board within ten days after final action.
(Ord. passed 10-30-06)