§ 154-03.02 Notification for Public Hearings.
   (A)   Zoning amendments (boundaries and/or regulations).
      (1)   Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given at least 15 days before the hearing by publication at least once in a newspaper of general circulation, published or circulated in the city.
      (2)   In proceedings involving an amendment of the zoning map, additional written notice of the hearing shall be given by mail at least 28 days before the hearing to all owners of property within a radius of 300 feet of the exterior boundaries of the property being the subject of the application; using for this purpose the name and address shown on the county assessment roll.
      (3)   Failure of any property owner to receive said notice will not invalidate the proceedings.
      (4)   When the property being the subject of the application abuts unincorporated areas of the county or other municipalities, notice shall be given to the planning agencies of such governmental units.
      (5)   This requirement for written notice shall not apply to amendments initiated by the City Council or Planning Commission that, in effect, adopt a new zoning map for the city, or a large portion thereof.
      (6)   In zoning requests involving one or more of the following changes to the standards governing land use, additional notice is required:
         (a)   A 10% or more increase or decrease in the number of square feet or units that may be developed;
         (b)   A 10% or more increase or reduction in the allowable height of buildings;
         (c)   An increase or reduction in the allowable number of stories of buildings;
         (d)   A 10% or more increase or decrease in setback or open space requirements; and
         (e)   An increase or reduction in permitted uses.
      (7)   In these instances, notice shall be provided to real property owners in one of three ways:
         (a)   Send a notice of the proposed changes in utility bills or other mass mailings which are periodically issued;
         (b)   Publish a display ad on the proposed change in a newspaper of general circulation in the city or town prior to the public hearing on any such change. The display ad must cover not less than one-eighth of a full page; or
         (c)   Send a notice by first class mail to all property owners whose property is directly governed by the proposed change.
      (8)   If notice is provided using the method involving a display ad or the use of utility bills and other mass mailings, the municipality shall also send notice by first class mail to all persons who register their name and address with the municipality as being interested in receiving such notices. A fee not to exceed $5 per year shall be charged for providing this service.
   (B)   Variances.
      (1)   A public hearing to consider the requested variance shall be held by the Board. Notice of the time and place of the hearing shall be given as follows:
         (a)   In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;
         (b)   By posting of notice in conspicuous places on, or close to, the property; and
         (c)   By mail, or hand delivery, at least seven days before the hearing, to all owners of property within 300 feet of the exterior boundaries of the subject property of the request, using the name and address shown on the county assessment roll.
      (2)   Failure of any property owner to receive said notice shall not invalidate the proceedings.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (C)   Appeals of the Zoning Administrator and the Minor Variance Committee.
      (1)   A public hearing shall be held by the Board. Notice of the time and the place of the hearing shall be given as follows:
         (a)   In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;
         (b)   By posting of notice in conspicuous places on, or close to, the property; and
         (c)   By mail at least seven days before the hearing to all owners of property within a radius of 300 feet of the exterior boundaries of the subject property of the appeal, using the name and address shown on the county assessment roll.
      (2)   Failure of any property owner to receive said notice shall not invalidate the proceedings.
   (D)   Conditional use permits.
      (1)   A public hearing shall be held by the Commission. Notice of the time and place of the hearing shall be given as follows:
         (a)   In at least one publication in a newspaper of general circulation in the city, at least 15 days before the hearing;
         (b)   By posting of notice in conspicuous places on, or close to, the property; and
         (c)   By mail or hand delivery at least 28 days before the hearing to all owners of property within 300 feet of the exterior boundaries of the subject property of the request, using the name and address shown on the county assessment roll.
      (2)   Failure of any property owner to receive said notice shall not invalidate the proceedings.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2003-66, passed 12-3-2003; Ord. O2010-32, passed 7-7-2010)