A. Requirement: A public hearing required by any provision of this title shall be conducted by the authorized body in accordance with the notice and procedural requirements of this section.
1. Public hearings for zoning map amendments, zoning text amendments, special use permits, PUD final development plans, mobile home park site plans shall be held by the board of commissioners. Only one public hearing shall be required when two (2) different applications requiring public hearings for the same property are considered together by the board of commissioners.
2. Public hearings for zoning variances, special exceptions, and appeals shall be held by the board of adjustment.
B. Application: Requests for each action requiring a public hearing listed in subsection A of this section shall be initiated by submitting the following documentation to the community development department :
1. Completed application on the appropriate form furnished by the community development department;
2. Legal description of the subject property (for all applications except zoning text amendments and appeals);
3. List of names and mailing addresses of all owners of property within three hundred feet (300') of the exterior boundary of the subject property (for all applications except zoning text amendments and appeals). (Ord. 5916, 8-9-1999; amd. 2003 Code)
4. Filing fee, as required by the appropriate provisions of this chapter related to the individual types of applications.
C. Notice: Public notice of each public hearing (except minor variances) shall be published in a newspaper of general circulation in the city. For all applications except zoning text amendments and appeals, notice shall also be given in writing by mail to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property (owners of adjacent property, only, for special exceptions and minor variances), to the applicant, subject landowner, and any other party requesting such notice. Required notices shall be published and mailed at least twenty (20) days prior to a public hearing to be held by the board of commissioners, and at least ten (10) days prior to any public hearing to be held by the board of adjustment, and shall contain at a minimum the following information:
1. Legal description of the subject property and the street address or approximate location in the city (for all applications except zoning text amendments and appeals);
2. The present zoning classification and use of the property (for all applications except zoning text amendments and appeals);
3. A brief description of the nature of the application(s) or action(s) to be considered including the zoning classification sought by the applicant in the case of a zoning map amendment;
4. The date, time, and place of the public hearing; and
5. A map showing the location of the subject property with respect to surrounding lots, and identifying abutting streets, railroads, and waterways, as applicable.
D. Procedure: Each public hearing shall be preceded by a report from city staff concerning the general nature of the application and specific information as necessary to explain relevant conditions, requirements, findings, or historical background. Following each public hearing the recommendations of city staff and any relevant commission, board, or committee shall be presented. Action on each request shall be taken in accordance with the appropriate provisions of this chapter related to the individual types of applications. When more than one application for the same property is considered in a single public hearing, the different applications may be acted upon together or separately at the discretion of the board of commissioners. (Ord. 5916, 8-9-1999)