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   59-H-4.23. Posting of property-Local map amendments.
   (a)   Posting of property generally. The applicant shall erect a sign on the land proposed to be reclassified within 3 days after acceptance for filing of an application for a local map amendment. The contents of the sign shall be as approved by the district council and furnished by the hearing examiner. The sign shall contain information related to the nature of the proceeding, the existing zoning, the requested zoning, the area of the property, and a phone number to call for further information. The bottom of the sign must be not less than 2 ½ feet from the ground. The sign must be of a durable material, must have a height and width of not less than 2 and 3 feet, respectively, and must bear conspicuous lettering in black on a yellow or white background.
   Any zoning sign or other posting shall be continuously maintained by the applicant until a decision on the application has been made by the district council, and then shall be removed by the applicant and returned to the county. It shall be unlawful for any person, except the applicant or the district council or an authorized agent of either, to remove or tamper with any such sign during the period it is required to be maintained under this section. At the hearing, it shall be the duty of the applicant to establish by affidavit that the requirement of this section has been satisfied and the zoning sign or other posting has been continuously maintained up to the time of the hearing.
   (b)   Posting of property abutting a public road. The sign shall be erected by the applicant within approximately 10 feet of whatever boundary line of such land abuts the nearest public road as defined herein. For the purposes of posting in accord with this section, a public road shall be defined as being a state or county road dedicated and accepted for public use but not including a dead-end road providing only immediate access to abutting property owners and not generally used by the public at large.
   (c)   Posting of property not abutting a public road. If the land does not abut a public road, or abuts an unpaved road, then, in addition to a sign placed on the property facing in such a manner as may be most readily seen by the public, a sign shall be placed either within the right-of-way of the nearest public road, depending on the approval of county or state transportation officials, or within approximately 10 feet of the right-of-way. However, if the owner of the property abutting the nearest public road is unwilling to permit the posting of any such sign, and the applicant files an affidavit stating such fact, then posting shall be made in such manner as the hearing examiner shall direct. The sign shall contain a statement that it is not located on or near the subject property and is intended to call attention to the fact that property having no road frontage is the subject of the application. In addition, the hearing examiner shall require additional posting when necessary to assure the interested public is made aware of the application.
   (d)   Posting of property abutting two or more public roads. If the land is 5 acres or more and abuts more than one public road, then a sign shall be posted within approximately 10 feet of the boundary line of each public road which abuts the property.
   (e)   Posting of property located in more than one block. If the land lies within more than one block, as shown on a plat recorded in the land records of the county, then a sign shall be erected by the applicant on the land in each such block.
   (f)   Posting by special applicant. If the applicant is a person other than the owner, his attorney, agent or other representative, or a person who has contracted with the owner for the purchase of the land, or a person otherwise in privity with the owner and the owner is unwilling to permit posting on the land, the applicant shall file an affidavit stating such facts and posting shall be made in such manner as the hearing examiner shall direct.
   (g)   Zoning sign deposit and refund. No sign shall be furnished to the applicant unless the applicant has first delivered to the hearing examiner a receipt from the director of finance showing payment to the county of a deposit as prescribed by the hearing examiner. When a sign is returned, the applicant shall be refunded a portion of the deposit as prescribed by the hearing examiner. Otherwise, no refund is authorized.