§ 153.244 NOTICE OF PUBLIC HEARING OF THE AREA BOARD OF ZONING APPEALS.
   (A)   The Board of Zoning Appeals shall give notice and conduct a public hearing before acting on any appeal from a determination of an administrative official, hearing officer, staff member, administrative board or other body (except the Area Plan Commission) or before granting any special exception or variance.
   (B)   For an administrative appeal. 
      (1)   At least ten calendar days prior to the date of the public hearing, notice of the subject, date, time, place shall be placed in the newspaper of general circulation in the geographic of the subject property. There is no requirement to provide public hearing notice to abutting property owners or to post public hearing notice on the subject property in the case of an administrative appeal.
      (2)   For a “variance of development standards” or a “special exception”. Notice shall be given as set forth:
         (a)   At least ten calendar days before the regularly scheduled Board of Zoning Appeals public hearing, the Plan Commission staff shall ensure legal notice of the public hearing on the “Variance of development standards” or a “special exception” is published in the local newspaper with the widest circulation in the jurisdiction where the subject property is located.
         (b)   The Plan Commission staff shall provide the applicant with letters of Board of Zoning Appeals public hearing notification of abutting property owners; and the applicant shall ensure the abutting property owners are notified by certified mail at least ten calendar days before the Plan Commission public hearing. The applicant shall provide verification of the notification of abutting property owners at least two business days prior to the Plan Commission public hearing.
         (c)   The Plan Commission staff shall provide the applicant with a sign advertising subject of the public hearing and the date of the Board of Zoning Appeals public hearing. At least ten calendar days prior to the Board of Zoning Appeals public hearing, the applicant shall have the sign posted on the front property line of the subject property so that the sign is visible from the public way.
(Ord. 12-16, passed 8-8-12)