Article 23 — Hearings: Notices

• (a) Not less than 10 days prior to the date of a hearing on an application or petitions for a zone reclassification, variance, conditional use permit or design review approval, the Commission shall give notice, which shall include the time, place, and purpose of such hearing, the general location of the property under consideration, and such other information as the Commission deems necessary, and shall:

  • (1) Cause a copy of such notice to be published once in a newspaper of general circulation in the City; and

  • (2) Cause such notice to be mailed by first-class mail, postage prepaid, to the applicant for the variance or conditional use permit and to all persons whose names and addresses appear on the latest use permit and to all persons whose names and addresses appear on the latest available assessment roll of the County as owning property within a distance of 300 feet from the exterior boundaries of the area actually to be occupied by the use for which the application for the variance or conditional use permit is filed or, in the case of a zone reclassification, from the exterior boundaries of the property for which the petition for the zone reclassification is filed, and to such other persons whose property might be affected by the establishment of the use or zone requested in the judgment of the Commission.

• (b) Not less than 10 days prior to the date of a hearing on an application or petitions for a zone reclassification, variance, conditional use permit or design review approval, the applicant, at the applicant's sole cost, shall post notice of such hearing in the following manner:

  • (1) Signs shall be posted on each public right-of-way frontage of the property that is subject to the hearing;

  • (2) The sign(s) shall be located in a conspicuous place on the property abutting a public rightof-way not more than 10 feet inside the property line, but no closer than five feet to a property line;

  • (3) The sign(s) may be posted in windows when there is an existing structure on site that is not set back from the public right-of-way;

  • (4) The Planning Director may approve deviations to these requirements in order to meet the intent of these noticing provisions;

  • (5) Each sign shall comply with the following:

    • (i) The sign shall measure 11 inches by 17 inches;

    • (ii) The sign shall not exceed six feet in height from the ground level; provided, that if the property is surrounded by fences, walls or hedges at or near the street property line,

additional height may be provided as necessary to ensure visibility of the sign from the public right-of-way;

  - (iii) The sign shall not be illuminated; 

  - (iv) The sign shall include all of the factual information about the pending application in compliance with Subsection **(a)** of this Section **9-2.2301** ; 

  - (v) The size, style and color of the sign's lettering shall be the specifications approved by the Planning Director; 

  - (vi) Support elements for the sign shall be made of four inch by four inch wood posts;

• (vii) A building permit shall not be required for the posting of a sign installed in compliance with this Subsection (b);

  - (viii) The sign shall be maintained and remain in place until the expiration of the appeal period following a decision by the review authority. If the application has been appealed or called for review, the sign shall remain in place with the new hearing date noted until the final decision is rendered. The sign shall be removed within 10 calendar days of either the appeal period or the final decision, whichever applies; and 
  
  - (ix) The applicant shall submit to the Planning Director an affidavit verifying that the sign was posted on the subject site in a timely manner in compliance with this Subsection (b). 
  

  • (6) Failure to post the sign, to include the required information or to comply with applicable placement or graphic standards or requirements may result in the delay of the required public hearing;

  • (7) To ensure consistency in appearance and information on the sign, the sign shall be printed on card stock by the City and given to the applicant. The applicant shall bear the full expense of posting the sign(s) and shall staple or nail the sign to the plywood or posts or locate the sign in a window; and

  • (8) The cost of the notice required by this Subsection (b), as established by resolution of the City Council, shall be paid to the City by the applicant.

• (c) In addition to the types of notice required by Subsections (a) and (b) above, the Planning Director may provide additional notice with content or use a distribution method as the Planning Director determines is necessary or desirable (e.g., use of a greater radius for notice, use of the Internet, hand delivery, etc.).

• (d) If the Commission finds that the publication, mailing and posting of notices provided for in this section may not give sufficient notice to such persons, such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.

• (Ord. 159, § 87.01; Ord. 14-804, § 6)