(A) Generally. All hearings required under this subchapter shall be conducted by the Plan Commission and held within 60 days from the date of the receipt of an application by the Secretary of the Plan Commission, complete in all respects. At the request of an applicant prior to the scheduling of a hearing, a hearing may be delayed for up to an additional 60 days.
(B) Notice of hearing. The Plan Commission shall cause to be published public notice of the hearing on each proposed planned development at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper published within the city. The notice shall contain the date and location of the public hearing, the subject property for which the planned development is requested, a brief statement for the use for which the planned development is being requested and shall state that every person in attendance at the hearing shall have an opportunity to be heard, that every interested party (as defined under § 162.001) shall have the right to cross-examine others at the hearing, provided that the interested party enters his or her appearance with the Department of Planning and Development no later than three business days before the date of the public hearing. In addition to providing public notice by publication, the Department shall post a sign at the subject property advising the public of the requested action; the sign shall be posted not less than 15 days prior to the public hearing.
(C) Notice to property owners. The applicant shall not less than 15 days before the date of the public hearing, serve written notice, either in person or by registered or certified mail, return receipt requested, on at least one owner of each property within 250 feet in each direction of the lot line of the subject property unless waived by the Plan Commission or City Council. Ownership shall be based solely on the tax records of the county. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. The notice shall contain the same information as is required under division (B) above for the public hearing notice. If, after a bona fide effort to determine the address by the applicant, the owner of the property on which notice is served cannot be found at his, her or its last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Proof of giving notice hereof by affidavit shall be filed with the Secretary of the Plan Commission. A failure to comply with the provisions of this division shall not affect or invalidate any approval of a planned development and additionally may be waived by the City Council or Plan Commission.
(D) Continuation of hearing. A scheduled hearing may be continued in the discretion of the hearing body involved, that is, the Plan Commission. A request by an applicant for a continuation may be granted only for just cause. Any request must be made in person to the Plan Commission or in writing setting forth the reasons for the request. If an applicant fails to appear at the scheduled hearing, the application may be denied by the Plan Commission and the denial reported to the City Council.
(E) Fees. Except in those cases where a planned development is requested by the city, a fee of $300 shall be paid to the city to defray the cost of the administration, publishing, posting notices of the proposed amendment and the cost of maintaining a record of the public hearing. The fee shall be paid to the Department of Planning and Development.
(1980 Code, § 29.915) (Ord. 9000, passed 12-29-2003; Ord. 9330, passed 3-19-2018) Penalty, see §
162.999