(a) Notifications. Where required by the Ohio Revised Code or this Code, public hearings shall be scheduled and notice provided of such public hearing in accordance with the following:
(1) Written notice, whether by publication or mail shall:
A. Indicate the date, time and place of the hearing.
B. Specify the address or location of the subject property.
C. Describe the scope and purpose of the application.
D. Identify the City department where the public may view the application and related documents.
E. Include a statement that the public may appear, speak, and present written comments regarding the application.
F. Include a statement indicating the method for submission of written comments prior to the hearing.
(2) Published notice shall be made in a newspaper of general circulation in the City of Painesville.
(3) Mailed notice shall be sent by first class mail to the address of the property owner listed on the current tax roll, list or duplicate of the county and the address of the property if the county address is a tax service.
(4) Minor defects in any published or mailed notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects shall be considered those which do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall make a finding as to whether there was substantial compliance with the notice requirements of this Code prior to final action on the request. When the records of the City document the publication or mailing of required notices, it shall be presumed that notice of a public hearing was given as required by this section.
(b) Hearings. Hearings shall be conducted in the following manner:
(1) Hearings shall be public. However, the reviewing body may go into executive session for discussion but not for vote on any case before it.
(2) Upon the day of a hearing, the reviewing body may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(c) The following table summarizes the hearing and notification requirements by the type of application:
Type of Application | Reviewing Body | Published Notice | Mailed Notice |
Type of Application | Reviewing Body | Published Notice | Mailed Notice |
Subdivision Preliminary Plat | Planning Commission; on its own initiative or upon petition | 10 | None |
Conditional Use Permit | Planning Commission; required City Council, optional | 10 days | 10 days; to owners within 400 feet of any part of property |
PUD Development Plan | Planning Commission; required City Council; required | PC: 10 days CC: 30 days | PC: None CC: None |
Rezoning | Planning Commission; required City Council; required | PC: 10 days CC: 30 days | PC: 10 days; to owners within 400 feet of any part of property CC: None |
Appeal | Board of Zoning Appeals | 10 days | 10 days; to owners within 100 feet of subject property |
Text Amendment | City Council | 30 days | None |
Appeal of a Certificate of Appropriateness | Design Review Board; required | None | 10 days to owners immediately/next adjacent or across street from subject property other than applicant |
Demolition | Design Review Board; required under special circumstances | 30 days | None |
(Ord. 16-19. Passed 9-16-19.)