(A) The Town Manager shall set the time and place of public hearings required by this code to be held by the Planning and Zoning Commission or Hearing Officer; provided that, the Commission or Hearing Officer may change the time or place of a hearing. However, the Planning and Zoning Commission or Hearing Officer shall hold a public
hearing within 75 days after the appropriate application has been filed.
(B) The Town Clerk shall set the time and place of public hearings required by this zoning code to be held by the Town Council; provided that, the Town Council may change the time or place of a hearing. The Town Council shall hold a public hearing on a rezoning request, or an amendment approved by the Commission not less than 60 days after notice of such decision or appeal has been filed with the Town Clerk unless the applicant or appellant shall consent to an extension of time. Notice of a public hearing shall be given not less than 15 days, nor more than 30 days, prior to the date of the hearing by publication in a newspaper of general circulation. When the hearing concerns a matter other than an amendment to the text of this zoning code, the property shall be posted at least 15 days prior to the hearing. Notices of public hearings before the Planning and Zoning Commission, Hearing Officer or Town Council shall be mailed to all persons whose names appear on the latest adopted tax roll of Coconino County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing.
(C) In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by division (D) below:
(1) A 10% or more increase or decrease in the number of square feet or units that may be developed;
(2) A 10% or more increase or reduction in the allowable height of buildings;
(3) An increase or reduction in the allowable number of stories of buildings;
(4) A 10% or more increase or decrease in the setback or open space requirements; and/or
(5) An increase or reduction in permitted uses.
(D) In proceedings governed by division (C) above, the town shall provide notice to real property owners pursuant to at least one of the following notification procedures:
(1) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes;
(2) If the town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the town shall include notice of such changes in such utility bills or other mailings; and
(3) The town shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the town. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.
(E) If notice is provided pursuant to divisions (D)(2) or (D)(3) above, the town shall also send notice by first class mail to persons who register their names and addresses with the town as being interested in receiving such notice. The town may charge a fee not to exceed $5 per year for providing this service.
(F) Not withstanding the notice requirements set forth in division (C) above, failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the town for which notice was given.
(Ord. 2012-04, passed 12-5-2012)