§ 27-203. Notice.

(a)

Purpose. Public hearings and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect considerations of the community interest and ensures that the applicant and other parties are given an opportunity to be heard.

(b)

Published notice. All publication notices for public hearings required by this chapter shall be published in one issue of the official newspaper of the unified government.

(1)

The notice shall provide the date, time and place of the hearing, the purpose of the hearing, the name of the applicant and identification of the subject property. If the hearing is for a rezoning application, the notice shall provide a general statement regarding the purpose of the application.

(2)

In accordance with state statutes, the notice shall be published not less than 20 days prior to the date of the hearing before the planning commission.

(3)

The applicant shall provide any information required for this notice as requested by the director or director's designee.

(c)

Mailed notice. When notice to surrounding property owners is required for consideration of an application and to provide an opportunity to all interested parties to be heard, it shall be provided as follows:

(1)

The department of urban planning and land use shall be responsible for mailing notices to all real property owners located within 200 feet of the area proposed to be altered, all registered associations that include property within 200 feet of the subject property, and all persons who attended any required neighborhood meeting and asked to be placed on the mailing list.

(2)

Mailed notice shall be postmarked at least 20 days prior to the hearing.

(3)

Mailed notice shall state the date, time and place of the hearing, include a general description and sketch or map of the proposal, and a statement explaining that the public may be heard at the public hearing.

(4)

The planning commission statement read at the beginning of every meeting shall contain a statement explaining that property owners within 200 feet of the subject property, on certain applications, shall have the opportunity to submit a protest petition, to be filed with the office of the clerk of the unified government within 14 days after the planning commission decision on the case.

(5)

Newspaper clippings of the publication notices shall not be used for the mailed notice requirement.

(6)

When the notice has been properly addressed and deposited in the mail, failure to receive it shall not invalidate subsequent action.

(d)

Posted notice. When required by this article, the applicant shall post approved signs giving notice of the pending application.

(1)

The sign shall be provided by the department of urban planning and land use. The sign cost shall be the applicant's responsibility and shall be paid for at the time of application. Replacement signs may be purchased through the department of urban planning and land use.

(2)

The sign shall inform the public of the date, time and place of the hearing concerning the property.

(3)

The applicant shall prominently display the sign at a location on the property that is visible and conspicuous from a public street and where it can be readily seen by the public.

(4)

The applicant shall make a good faith effort to maintain the sign for at least 20 days immediately preceding the date of the hearing, through the hearing, and through any continuances of the hearing. Failure to do so may result in a continuance of the hearing.

(e)

Substantial compliance. Notice shall be deemed to be complete when there is substantial compliance with the requirements of this section. Minor technical deviations in the language of the published, mailed or posted sign notices shall not be deemed to impair the notice when notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding adequacy of notice, the body conducting the hearing shall make a formal finding as to whether there was substantial compliance with the notice requirement.

(f)

Notification of appeal or revocation. Whenever an appeal is taken from a final decision, or whenever the unified government board of commissioners determines to revoke a development permit which was obtained following a public hearing, mailed notice of the appeal or revocation shall be prepared and made in the manner prescribed for the original action. If no public hearing was held prior to obtaining the development permit, mailed notice of the revocation shall be given to the holder of the permit only.

(g)

Costs of notice. All actual costs incurred by the unified government in preparing and publishing the notice required by these regulations shall be paid by the applicant either as part of the application fee or pursuant to a notice fee schedule established by the county administrator.

(Code 1988, § 27-258; Ord. No. O-27-05, § 1, 3-24-2005)