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Notice of all petitions for zone map change, modification of commitments, subdivision plats, development plans or vacation of land for public hearing before the Plan Commission shall be given to all interested parties or property owners in the following manner.
(A) Notice by publication.
(1) Notice, in a form approved by the Secretary, shall be published by the petitioner in accordance with I.C. 5-3-1 at least ten days prior to the date of the public hearing.
(2) The petitioner shall be responsible for the cost of such publication.
(B) Notice by mailing.
(1) Notice, in a form approved by the Secretary in accordance with the requirements of I.C. 36-7-4-604, shall be mailed to each interested party.
(2) Notice by mailing shall be given by certified mail, return receipt requested, at least ten days prior to the date of the hearing.
(3) The requirements of mailing notice shall not be applicable to petitions initiated by the Plan Commission.
(C) Interested parties.
(1) Interested parties for a petition for zone map change, modification of commitments, subdivision plat and development plan approval shall include:
(a) All owners of property within the area included in the petition who are not petitioners; and
(b) All owners of adjoining parcels to a depth of one ownership surrounding the perimeter of the area included in the petition.
1. In the case of property which has been submitted to the Horizontal Property Law (I.C. 36-1-6), notice shall be given only to the association of co-owners.
2. For the purpose of notice requirements contained in this division (C)(1), where any immediately adjoining parcel is owned by the petitioner, the subject property of the petition shall be deemed to include the immediately adjoining parcel owned by the petitioner.
3. For the purpose of notice requirements contained in this division (C)(1), where any immediately adjoining parcel is a dedicated right-of-way, railroad right-of-way or private alley or street, the subject property of the petitioner shall be deemed to include the portion of the right-of-way or private street that is contiguous and adjacent to the parcel owned by the petitioner.
(2) Interested parties for a petition for the vacation of land in a plat shall include all property owners within said plat.
(3) In determining the name and address of legal title owners, the records of the County Auditor, or the appropriate office designated in an adjoining county, at a point in time within 14 days of the date of filing, shall be deemed to be the true names and addresses of all persons entitled to receive notice.
(D) Affidavit of notice. The petitioner shall file an affidavit of notice with the Secretary, in a form as specified by the Plan Commission, indicating compliance with all notice requirements of these rules, at least three business days prior to the public hearing. Copies of all “receipt for certified mail” (white slips) shall be filed with the affidavit of notice. The originals of the “domestic return receipts” (green cards) shall be filed with the Secretary upon the later of:
(1) The public hearing; or
(2) Receipt by the petitioner.
(E) Defective notice. If proper notice has not been given, a petition may be continued until a later date to allow time for un-notified persons to prepare for the public hearing. Personal appearance shall waive any defect in notice unless the defect in notice is timely raised at the beginning of the public hearing on the petitioner’s petition.
(Ord. passed 9-28-1998; Amended 6-19-2000; Amended 10-15-2001)