A. Publication of Notice. Except as otherwise provided in this Section 17.56.040.A, notice shall be given of the time and place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice at least once in one or more newspapers published in the Village, or, if no newspaper is published in the Village, then in one or more newspapers with a general circulation within the Village. The notice shall contain the following information:
1. The number designation of the petition;
2. The scheduled date of the hearing;
3. The scheduled location of the hearing;
4. The scheduled time of the hearing;
5. The purpose of the hearing;
6. The name and address of the legal and beneficial owner of the property for which the special use is requested.
Publication of notice in accordance with this Section 17.56.040.A is not required for any public hearing regarding an application for a special use permit for a property located within the C-2 Retail Overlay District; provided, however, that publication of notice in accordance with this Section 17.56.040.A is required for all public hearings regarding an application for a special use permit for a planned development, whether or not the proposed planned development is located within the C-2 Retail Overlay District.
B. Posting of Notice on Subject Property. A sign or signs conforming to the size, set back, and number restrictions established by the Village Sign Ordinance for real estate signs, and posted at the same time and containing the same information as required by paragraph 1 of this subsection for the published notice of public hearing shall be posted by the Village on the property for which the special use permit is being requested. Such sign shall be removed within one day following the date of the initial public hearing on the special use application, provided that the sign may remain on the property if further hearings are required.
C. Mailed Notice. Concurrently with the filing of an application, the applicant shall furnish the Village with a list of the names and addresses of all persons to whom the latest general real estate tax bills were sent for all property situated within: (1) two hundred fifty (250) feet of the property which is the subject of the proposed special use, if the subject property is located within a zoning district other than the C-2 Retail Overlay District; or (2) five hundred (500) feet of the property which is the subject of the proposed special use, if the subject property is located within the C-2 Retail Overlay District. Written notice of the time and place of such public hearing shall be sent by the Village by first class mail, postage pre-paid, to each person whose name appears on such list, at the address shown, not less than ten (10) days prior to the date of such public hearing. The failure of any person to receive the written notice issued pursuant to this paragraph shall not affect the jurisdiction of any body authorized to conduct a hearing or otherwise consider the application for special use. Nor shall the failure of such person to receive such written notice invalidate, impair or otherwise affect the subsequent grant or denial of any special use permit following such public hearing.
D. Website Notice. The Village must, not more than thirty (30) nor less than fifteen (15) days before any public hearing on an application for a special use permit for a property located within the C-2 Retail Overlay District, post on the Village website notice of the time and place of the public hearing; provided, however, that this Section 17.56.040.D does not apply to applications for a special use permit for a planned development, whether or not the proposed planned development is located within the C-2 Retail Overlay District. The notice posted on the Village website must contain the same information that must be included in published notices pursuant to Section 17.56.040.A of this Zoning Ordinance.
(MC-9-2010, Added, 01/4/2011; MC-3-2015, Amended, 04/9/2015)