[Amended 12-20-2016 by Order No. 16-158.07; 5-7-2019 by Order No. 19-258-01]
Public hearings required for amendment of this chapter, contract
zone, conditional use, major site plan, or other request identified
in this chapter shall be noticed and conducted in conformance with
the following provisions.
A.
Submission requirements. The applicant shall provide an abutters
list and mailing envelopes in conformance with this section.
(1)
Abutters list. A complete list of abutters within two-hundred-and-fifty
(250) feet of the property, including those in neighboring communities,
and public drinking water suppliers if the property contains or is
within a source water protection area.
B.
Notification of applicant and abutters. Once an application is determined to be complete and, at least ten (10) days prior to the date of its public hearing, the City Department which oversees the public hearing process shall post a notice in City Hall and send written notice to the applicant and abutters by first class mail, as specified in § 280-4-1A, except that notice for an amendment of this chapter or contract zone shall be posted and written notice send out at least thirteen (13) days prior to the date of the public hearing. Notice shall contain a brief description of the proposed activity, the name of the applicant, the location of the property that is the subject of the public hearing and the nature of the request, the location where the application is available for inspection, description of how to submit written comments and how the reviewing board or committee shall consider comments, and the date, time, and location at which the application shall be considered. Failure of any abutter to receive a notice of public hearing shall not be grounds for delay of the public hearing, consideration of the application, and approval or denial of the project. In considering the subject of the public hearing, the City Department which oversees the request shall, without altering the meaning, intent, or substance of the proposal, put into such language or form as is appropriate to the review and requirements of this chapter.
C.
Advertisement in newspaper and posting. An advertisement for any
request which requires a public hearing in this chapter shall be posted
in a newspaper of general circulation in the City at least ten (10)
days prior to the date of the public hearing, except that a request
for amendment of this chapter or contract zone shall be published
at least twice, the first advertisement shall be published at least
twelve (12) days prior to the date of the public hearing and the second
notice shall be published at least seven (7) days prior to the public
hearing.
D.
Hearing procedure.
(1)
Any persons may appear in person or by agent or attorney at
the hearing. Hearings shall not be continued to other times except
for good cause.
(2)
The board or committee conducting the public hearing may ask
staff to attend and/or present plans, photographs, or other materials
it deems appropriate for an understanding of the subject of the public
hearing.
(3)
Persons wishing to share complex data, reports, or arguments
are encouraged to submit the information in writing seven (7) days
in advance of the hearing.
(4)
Individuals and organizations with comparable positions in support
or opposition are encouraged to be brief and not provide duplicative
comments.
(5)
Anyone wishing to present testimony before the board or committee
shall provide his/her name and address. Representatives of organizations
including, but not limited to, City Committees and Homeowners' Associations,
shall state for the record at the outset of his/her presentation whether
the organization has authorized the substance of what is being presented.
(6)
To maintain orderly procedure, anyone wishing to present testimony
shall be allowed to proceed without interruption. Following testimony,
members of the board or committee shall have the opportunity to raise
questions.
(7)
The hearing shall be closed after all parties have been heard.
If additional time is needed, the hearing may be continued to a later
date. All participants shall be notified of the date, time, and place
of the continued hearing.
(8)
Once the public hearing is closed, all further comment by the
public and/or the applicant shall only be allowed through the Chair.
The Chair may limit further input from the public and/or the applicant
to allow the board or committee time for deliberation on the application.
(9)
In the case of extenuating circumstances, the board or committee
may waive any of the above rules by unanimous vote of those in attendance
upon good cause shown.
Any person who believes that the Code Enforcement Officer has
made an error in the interpretation or application of the provisions
of this chapter may appeal such determination to the Board of Appeals
as an administrative appeal under the provisions of § 280-10-4-1.
If the Board of Appeals finds that the Code Enforcement Officer erred
in his/her interpretation of this chapter, it shall modify or reverse
the action accordingly.
Amendments of this chapter may be initiated by the City Council,
the Planning Board, an individual or corporation or other entity having
control of the property that is the subject of the request, or by
petition by five percent (5%) or more of the registered voters of
the City as provided for by the City Charter.
A.
Fee.
(1)
Any request for amendments of the text of this chapter or for
changes in zone boundaries or other revision to the Zoning Maps initiated
by the City Council or Planning Board or by petition by five percent
(5%) or more of the registered voters of the City in conformance with
the City Charter shall not be required to pay a fee.
B.
Required information. All proposals for an amendment or map change
shall be accompanied by the following information:
(1)
Address or exact location of the request, the exact location
and dimensions of any changed district boundaries, and a location
map that shows the relationship of the location to the surrounding
area. Any proposed map changes shall be shown on the appropriate Assessor's
tax map and shall indicate tax map and lot numbers.
(2)
Name, address, and phone number of property owner.
(3)
Name, address, and phone number of applicant.
(4)
Statement regarding existing and proposed land use.
(5)
Existing and proposed zoning classification or ordinance language.
(6)
Statement regarding the way in which the proposed amendment
or change complies with or promotes the City's Comprehensive Plan.
(7)
Documentation of right, title, or interest.
(8)
Documentation of financial ability to carry out the purpose
of the amendment or change, if any.
C.
Notification of abutters, advertising in newspaper, and posting. A public hearing shall be held on all requests for amendment of this chapter in conformance with § 280-4-1.
D.
Planning Board recommendation. Within thirty (30) days following
the date of the public hearing, the Planning Board shall send a written
report of its findings and recommendation to the City Council, which
shall conduct its own public hearing, with notice as provided in the
City Charter. A representative of the Planning Board shall attend
such public hearing.[1]
This chapter shall not repeal any other ordinance relating to
the use of land or buildings, however, where this chapter imposes
greater restrictions, it shall control.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions.
