In the case of all petitions for variations heard by the Zoning and Planning Commission, which do not require a "public hearing", as defined by section 4-1-6 of this code, the following notice requirements shall apply:
A. Newspaper Publication: Not more than thirty (30) days nor less than fifteen (15) days prior to the meeting date on which the Zoning and Planning Commission is to hear the variation request, a notice of said variation request must be published at least once in a newspaper of general circulation within the village. Said notice shall contain, as a minimum, the following information:
1. The common address for the property;
2. The date, place and time of the Zoning and Planning Commission meeting at which the variation request will be heard;
3. A brief statement as to the variation being sought; and
4. The name of the appropriate department of the village from which information may be obtained.
The Department of Community Development and Growth Management shall cause the aforementioned newspaper notice to be published after said department has determined the date upon which the variation request shall be heard by the Zoning and Planning Commission.
If more than one qualified newspaper of general circulation is available, the Department of Community Development and Growth Management shall use the newspaper selected by the petitioner if the petitioner indicates a preference.
B. Affidavit: In addition to the aforementioned newspaper publication, the Department of Community Development and Growth Management quality control shall furnish an affidavit setting forth the names and addresses of the persons who own property abutting upon the applicant's property or separated from the applicant's property only by an alley, or, in the event that said persons are unknown to the Department of Community Development and Growth Management, an affidavit setting forth the names and addresses of the persons who paid the taxes during the last preceding year on each of the aforementioned properties. Said affidavit shall state that written notice of the variation request has been personally served upon the persons named in said affidavit at least seven (7) days prior to the date upon which the Zoning and Planning Commission is to hear said variation request, or that said notices have been mailed to said persons at least ten (10) days prior to the date upon which the Zoning and Planning Commission is to hear said variation request. Where such service is by the United States mail, same shall be by first class mail. This affidavit shall be determined to be proper by the attorney advisory to the Zoning and Planning Commission before proceeding on the variation petition.
C. Notification Of Condominium Owners: Where condominium property is located within the aforementioned three hundred foot (300') notification area, the following notification regulations shall apply:
1. If the condominium complex, in its entirety, consists of twelve (12) or fewer units, notification shall be provided to the taxpayer of record for each unit.
2. If the condominium complex, in its entirety, consists of more than twelve (12) units, notification shall only be provided to the condominium association.
D. Notification Of Commercial Tenants: Where the petition relates to residential property, notification as set forth above shall also be provided, in the same manner as set forth above, to the occupants of the building or buildings located on the same lot or parcel in relation to which the petition applies. (Ords. 93-9-24, 94-21-97, 19-16-66)