§ 16-192. Planning and zoning commission public hearing requirements.  


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  • (a)

    When the planning and zoning commission proposes to act on requests for adoption of or amendments to the comprehensive plan or this chapter, amendments to the official zoning map or determination of uses and addition, deletion or changes in category to uses allowed, notice of public hearing shall be as set forth in this section.

    (1)

    Notice of public hearing shall be deemed to have been given when a notice setting forth the nature of the request, the specific parcel of property affected, and the date, time and place of the public hearing, shall be published in a newspaper of general circulation in the county, one time, at least 15 days prior to the public hearing. In addition, the notice requirements set forth in subsections (a)(2) and (a)(3) of this section shall be given. Public notice of one or more hearings may be included within the same publication.

    (2)

    When the public hearing is on a matter affecting a specific parcel or parcels of property, notice shall be given by U.S. mail to the owners of real property within 100 yards of the exterior lot lines of the property or properties affected at least 15 days prior to the public hearing. Said notice shall be in substantially the same form as the notice required in subsection (a)(1) of this section.

    (3)

    A notice, substantially in the same form as set forth in subsection (a)(1) of this section, shall be posted in a conspicuous place at the county municipal building at least 15 days prior to the public hearing.

    (b)

    When the planning and zoning commission proposes to act on an application for a site plan, special use permit, variance, subdivision or summary plat, or an appeal of a determination of, or a written interpretation by, the community development director, notice of public hearing shall be as set forth in this section.

    (1)

    Notice of public hearing shall be deemed to have been given when a notice setting forth the nature of the request, the specific parcel of property affected, and the date, time and place of the public hearing, shall be published in a newspaper of general circulation in the county, one time, at least ten days prior to the public hearing. In addition, the notice requirements set forth in subsections (b)(2) and (b)(3) of this section shall be given. Public notice of one or more hearings may be included within the same publication.

    (2)

    When the public hearing is on a matter affecting a specific parcel or parcels of property, notice shall be given by U.S. mail to the owners of real property within 100 yards of the exterior lot lines of the property or properties affected at least ten days prior to the public hearing. Said notice shall be in substantially the same form as the notice required in subsection (b)(1) of this section.

    (3)

    A notice, substantially in the same form as set forth in subsection (b)(1) of this section, shall be posted in a conspicuous place at the county municipal building at least ten days prior to the public hearing.

    (c)

    A public hearing for which notice has been given as set forth in this section, may be rescheduled to a later date, on a day not more than 21 days from the original scheduled hearing, without repetition of notice aforesaid, but notice of the new date, time and place for the rescheduled hearing shall be prominently displayed or otherwise communicated at the originally scheduled hearing. All posted notices shall contain the time and date of posting. All material submitted by the applicant in connection with the application shall be available for public inspection.

(Ord. No. 85-301, § 12, 11-6-01)