[Zoning Order §4.140, 4-2-2008]
Unless otherwise specifically provided for in this UDO, all
publication notices for public hearings required by this UDO shall
be published in one (1) issue of an official County newspaper or a
newspaper of general circulation in the County. At least fifteen (15)
calendar days shall elapse between the date of the publication and
the date set for hearing. Notice of said hearing shall also be posted
at least fifteen (15) calendar days in advance thereof in one (1)
public area of the courthouse of the County and one (1) public area
of the administration center of the County. Where the hearing is for
consideration of changes in the text of this UDO or a general revision
of the boundaries of zoning districts, the notice shall contain a
statement regarding the proposed changes in the UDO or in the boundaries
of the zone or district. Where the hearing is for an application that
relates to specific property, the property shall be identified by
general location description or street address. The notice shall contain
a general statement regarding the purpose of the application and a
statement that public comment shall be heard.
[Zoning Order §4.150, 4-2-2008]
A.
Unless
otherwise specifically provided in this UDO, whenever notice to surrounding
property owners is required for consideration of an application, the
notice shall be given as follows:
1.
Time of mailing. The Planning Division shall mail
all notices at least fifteen (15) calendar days prior to the hearing,
notifying the property owner of the opportunity to be heard.
2.
Mailed notice requirements. For preliminary plats,
mailed notice shall be sent to the last known record owner of all
adjacent property to the property for which the preliminary plat is
being considered. For rezoning and conditional use applications, mailed
notice shall be sent to the last known record owner of all property
within six hundred (600) feet from the boundaries of the property
for which the application is being considered. The notice shall state
the time and place of the hearing and include a general description
of the proposal, a location map of the property, the general street
location of the property subject to the proposed change and a statement
explaining that the public will have an opportunity to be heard at
the public hearing. Failure to receive mailed notice shall not invalidate
any action taken on the application.
3.
Protest petitions. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within six hundred (600) feet from the boundaries of the district to be changed shall have the opportunity to submit a protest petition. The petition shall be in conformance with Section 400.1140 and shall be filed with the office of the Director no later than seven (7) days after the conclusion of the Planning Commission public hearing.
[Ord. No. 16-0100 §2, 1-4-2016]
[Zoning Order §4.160, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(4.160), 7-30-2008; Ord. No. 11-12-2008A §§1
— 2(4.160), 11-12-2008]
A.
Posting Of Notice Sign Requirement. At least fifteen (15)
days prior to the date of the hearing, the applicant shall have placed
on their premises a sign for all property for which an application
is being considered and for which a public hearing is required informing
the general public of the time and place of the public hearing. The
sign shall be placed within ten (10) feet of the pavement edge, or
as close thereto as possible, in a central position on the property
that is the subject of the hearing. The contents of the sign shall
be readily visible to the public and of a suitable size to be determined
by the Director. If the property contains more than one (1) street
frontage, one (1) sign shall be placed on each street frontage so
as to face each of the streets abutting the land unless otherwise
determined by the Director. The sign may be removed at the conclusion
of the public hearing(s) and must be removed at the end of all proceedings
on the application or upon withdrawal of the application within fifteen
(15) days. Notice of the public hearing shall also be posted by the
County at least fifteen (15) days in advance therefore in one (1)
or more public areas of the courthouse and in the administration center
of the County.
B.
Sign Protection.It shall be a violation of this UDO for any person to remove, deface or destroy any sign provided for in Subsection (A) of this Section.
D.
A sign is not required to be posted for public hearings for variance requests in accordance with Section 400.1080(A)(7).
[Zoning Order §4.170, 4-2-2008; Ord. No. 07-30-2008A
§§1 — 2(4.170), 7-30-2008]
A.
When Required. The following applications require a public
hearing:
1.
Zoning text amendment;
2.
Rezoning to a non-planned district ("RA-5", "LR-2", "R-40", "R-20",
"R-10", "R-7", "NC-1", "CC-2" and "NPI");
[Ord. No. 16-0100 §2, 1-4-2016]
3.
Rezoning to a planned district ("PR-1", "PR-2", "PC", "PB", "PI"
and "PM") with a conceptual plan;
4.
Conditional use permit;
5.
Development plan;
6.
Revised development plan (major revision); and
7.
Variance request.
C.
Purpose. The purpose of a public hearing is to provide the
applicant and all other interested parties a reasonable and fair opportunity
to be heard, to present evidence relevant to the application and to
rebut evidence presented by others.
D.
Rules Of Procedure. The County Council, Planning Commission
and Board of Zoning Adjustment may adopt rules of procedure for public
hearings by ordinance, resolution or bylaws.
E.
Written Summary. An accurate written summary of the proceedings
shall be made for all public hearings.
F.
Continuances.
1.
One (1) continuance as of right. Any applicant or authorized agent shall have the right to request in writing continuances of the consideration of any matter before the Planning Commission, County Council or Board of Zoning Adjustment, provided that the initial request shall be filed with the Director no less than twenty-four (24) hours prior to the date of the scheduled hearing and in the case of any subsequent continuances, requests shall be filed no less than three (3) business days prior to the date of the scheduled hearing. The Planning Division shall make every reasonable attempt to notify all persons previously notified by mail of the continuance, pursuant to Section 400.1060. The applicant shall pay the cost of renotifying.
2.
Additional continuances. In addition to the procedure
provided for in paragraph (1) of this Subsection, the Planning Commission,
Board of Zoning Adjustment or the County Council may grant a continuance.
A majority vote of those members of the official body present at the
meeting shall be required to grant a continuance. The record shall
indicate the reason for the continuance and any stipulations or conditions
placed upon the continuance. If the Planning Commission, County Council
or Board of Zoning Adjustment agrees to a continuance of the public
hearing, the Planning Division shall renotify property owners as provided
in paragraph (3) of this Subsection if such notification was required
in the first (1st) instance. The applicant shall pay the cost of renotifying.
3.
Treatment of continuance and notice requirements. If an item that is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. If a continuance provides the date on which the matter will be heard, republication of notice is not required. If a continuance does not specify a date on which the matter will be heard, public notice pursuant to Sections 400.1050, 400.1060 and 400.1070, as applicable, shall be provided prior to the date on which the matter is heard.
