(a) Prior written notification for Board of Zoning Appeals public hearings shall be provided as per the following requirements:
(1) Applications involving one, or two-family residences shall submit written proof that each adjacent, abutting and touching property owners of record, including those properties immediately across any street, have been sent notification.
(2) Applications involving multi-family, commercial or industrial land-uses shall submit written proof that each property owner of record located within 200 feet radius of the lot lines of the subject property has been sent notification of the public hearing.
The above public notice requirement shall be the sole responsibility of the applicant, contain the description and information listed in the newspaper requirement, and be sent a minimum of ten (10) days prior to the scheduled public hearing. Proof of the applicant's fulfillment of this requirement may include: notification forms signed by each such property owner; an affidavit by the applicant that the notification forms were mailed to each such property owner by first class U.S. Mail, or certified mail with Proof of Mailing form (P.S. Form 3817), verified by the United States Postal Service; or by any combination of these methods.
(b) If Building Department staff, or the Board determines public notification was not sent to all required property, the Board shall not proceed with hearing until complete notification has been satisfied or fully verified by the applicant. Failure of the applicant to have satisfied public notice as required by this section may be subject to the penalties provided in Section 1119.99, including revoking any Board approval.
(Ord. 50-2022. Passed 11-8-22.)