[CC 1996 § 25-171; Ord. No. 891 § 25-315]
A. 
Newspaper Publication Requirement. Unless otherwise specifically provided for in this Chapter, all publication notices for public hearings required by this Chapter shall be published in one (1) issue of a newspaper published in the City or, if no newspaper is published in the City, a newspaper of general circulation in the City. At least fifteen (15) but no more than thirty (30) days shall elapse between the date of such publication and the date set for hearing.
B. 
Contents. The notice shall contain the time and place of the public hearing and a statement regarding the purpose of the hearing. Where the hearing is for consideration of changes in the text of this Chapter or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the Chapter 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 designated by its legal description and general street location.
[CC 1996 § 25-172; Ord. No. 891 § 25-316]
A. 
Whenever notice to surrounding property owners is required for consideration of an application by this Chapter, the notice shall be given as follows:
1. 
Time Of Mailing. The applicant shall mail all notices at least fifteen (15) days prior to the hearing, notifying the property owner of the opportunity to be heard.
2. 
Mailed Notice Requirements.
a. 
Notice shall be made to all persons within one hundred eighty-five (185) feet in each direction of the property for which the application is submitted. The mailed notice shall be given by certified mail, return receipt requested, to the last known record owner as shown by the county tax records.
b. 
The notice shall state the time and place of the hearing, and include a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing.
c. 
The return receipts shall be delivered by the applicant to the Zoning Officer on or before the day of the public hearing.
3. 
Notification Of Protest Petitions. In cases of rezoning applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that the owners of property where any portion of the property lies within one hundred eighty-five (185) feet from the boundaries of the district proposed to be changed shall have the opportunity to submit a protest petition. The petition shall be in conformance with Section 400.460 and shall be filed with the office of the City Clerk within seven (7) days after the conclusion of the public hearing.
[CC 1996 § 25-173; Ord. No. 891 § 25-317]
A. 
When the posting of notice signs is required by this Chapter, the following shall apply:
1. 
Posting Of Notice Sign Requirement. The applicant shall place a sign on the property that is the subject of the application informing the general public that a hearing will be held at a specific time and place concerning the property. The sign shall be furnished by the City to the applicant, and the applicant shall maintain the sign for at least the fifteen (15) days immediately preceding the date of the hearing, through the hearing, and through any continuances of the hearing. The sign shall be firmly affixed to a wood or metal backing or frame and placed within five (5) feet of the street right-of-way line in a central position on the property. The sign shall be readily visible to the public. If the land area is larger than five (5) acres, a sign as required herein shall be placed so as to face each of the streets abutting the land.
2. 
Affidavit. The applicant shall file an affidavit with the Zoning Officer at the time of the public hearing, verifying that the sign has been maintained and posted as required by this Chapter. Failure to submit the affidavit prior to the hearing may result in a continuance of the hearing. The sign may be removed at the conclusion of the public hearing and must be removed at the end of all proceedings on the application or upon withdrawal of the application.
3. 
Sign Protection. It shall be a violation of this Chapter for any person to remove, deface or destroy any sign provided for in this Section.
[CC 1996 § 25-174; Ord. No. 891 § 25-318]
A. 
When the consideration of an application requires a public hearing, the following shall apply:
1. 
Purpose. The purpose of a public hearing is to provide the applicant, the property owner 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.
2. 
Minutes. A journal of minutes of the proceedings shall be made for all public hearings.
3. 
Rules Of Procedure. All testimony by witnesses in any hearing shall be given under oath. The Governing Body, Commission and Board may adopt additional rules of procedure for public hearings by resolution or bylaws.
4. 
Continuances. 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. No additional notices shall be required once the public hearing is opened, except if a hearing is continued to an unspecified date, notice pursuant to Section 400.380 shall be required to schedule the subsequent date and place of the continued hearing.
[CC 1996 § 25-175; Ord. No. 891 § 25-319]
A. 
One Continuance As Of Right. Any applicant or authorized agent shall have the right to one continuance of a public hearing before the Commission, Governing Body or Board, provided that a written request therefore is filed with the Zoning Officer at least two (2) business days prior to the date of the scheduled hearing. The applicant shall make every attempt to notify all persons previously notified of the continuance either by mail or telephone.
B. 
Additional Continuances. In addition to the procedure provided for in Subsection (A), the Commission, Board or the Governing Body 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 Commission, Governing Body or Board continues a public hearing, on its own motion, it may direct the Zoning Officer to re-notify property owners that previously received mail notice if such notification was required in the first instance. If the continuance is made at the request of the applicant, the Commission, Governing Body or Board may direct the applicant to renotify property owners that previously received mailed notice. Such renotification shall be in the same manner as the original notice. Where such renotification is to be made by the applicant, an affidavit shall be submitted that such renotification has occurred.