HomeMy WebLinkAboutChapter_76 Noticing
Title 18
Chapter 76
NOTICING
Sections:
18.76.010 Purpose
18.76.020 Contents of Notice
18.76.030 Notice Requirements for Application Processing
18.76.040 Notice of City Approval Within Neighborhood Conservation and Entryway
Overlay Districts
18.76.01 0 Purpose
It is the intent of this chapter to provide for adequate notice of governmental actions to those
affected by such actions. Notice is required in order for citizens to participate in decision making
which affects their interests and provides opportunity to receive information pertinent to an
application that would not otherwise be available to the decision maker. In establishing standards
for providing such notice, the need for expeditious processing of applications is also recognized.
(Ord. 1645 ~ 1, 2005)
18.76.020 Contents of Notice
A. The following elements shall be included in notices issued pursuant to this title:
1. Address of the property, its location by approximate distances from the
nearest major street intersections, or other description to identify the
affected property;
2. Legal description of the property;
3. The name and address of the applicant;
4. The name and address of the owner of record;
5. The number, date, time, and place of all relevant scheduled public
hearings by the City Commission, Planning Board, or Zoning Commission,
meetings of other review bodies established by this title at which final
decisions shall be made, or the date of any final public comment deadline;
6. A description of how and where additional information regarding the action
may be obtained; and
7. A brief description of the subject of the notice.
S. The following additional elements shall be included in all notices required for site
plans, master site plans, certificates of appropriateness, conditional use permits,
planned unit developments, deviations, variances, and subdivisions:
1. A map of the area in question so as to indicate its general location and
proximity to surrounding properties; and
2. A reference to the appeals process for this title for notices regarding
projects where the City Commission will not be making the final decision.
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C. The following additional elements shall be included in all notices required for text
amendments to this title:
1. A summary explanation of the intent of the change, with reference to the
exact text being available for public review.
D. The applicant shall provide for the purposes of noticing a list of names and
addresses of property owners within 200 feet of the site, using the most current
known property owners of record as shown in the records of the County Clerk and
Recorder's Office and stamped, unsealed envelopes (with no return address)
addressed with names of above property owners, and/or labels with the names of
the above property owners, as specified on the appropriate application. (Ord. 1645
~ 1, 2005)
18.76.030 Notice Requirements for Application Processing
A. The following minimum standards for timing, location of noticing area and type of
notice shall be provided. Noticing provisions are cumulative with the maximum
combination of noticing requirements being provided. When more than one
newspaper notice is required, only one of the required publication dates must fall
within the minimum and maximum days required.
S. If for some reason a required property owner fails to receive mail notification of a
scheduled public hearing or if one or more of the required posted signs in the area
or on the site for which the public hearing is being held is inadvertently moved
through no fault of the City, this in no way shall invalidate the legal notice
requirements of the scheduled public hearing.
C. Notice may also be provided to property owners in any additional area that may be
substantially impacted by the proposed change or use as determined by the
Planning Director.
Table 76.1
Application Minimum Maximum Distance1 Notice Type
Days 12 Days 12
Text Amendment 15 45 NA Newspaper 3 times
ZMA2 15 45 200 Newspaper once, post on-site,
mail 1 st class
ZMA2- Resulting from ordinance 15 45 None Newspaper 3 times
changes
ZMA2-Annexation with initial 15 45 None Newspaper 3 times, post on.site,
zoning mail 151 class
Variance - floodplain, zoning, 15 45 200 Newspaper once, post on-site,
and subdivision mail 1st class
Public Agency Exemption 15 45 None Newspaper once
Deviation 15 45 200 Newspaper once, post on-site,
mail 1 st class
Appeals3 15 45 2003 Post on-site, mail 1st class
Sketch Plan/Reuse/Change in None None None None
Use/Further Development
Sketch Plan4 15 45 None Post on-site
Informal/Concept Plan None None None None
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Application Minimum Maximum Distance1 Notice Type
Days '2 Days 12
Preliminary Site Plan or Master 15 45 200 Post on-site, mail 1st class
Site Plan
Preliminary PUD5 15 45 200 Newspaper once, post on-site,
mail 1 st class
Preliminary CUps 15 45 200 Newspaper once, post on-site,
mail 1 st class
Floodplain Permit 15 45 200 Newspaper, mail 1st class
COA' None None None None
Final Site Plan None None None None
Final PUD Plan None None None None
Final CUP plan None None None None
Subdivision Exemption None None None None
1 st Minor Subdivision without 15 45 200 Mail 1 st class
variance - Preliminary Plat
1st Minor Subdivision with Newspaper8, post on-site, mail 1 st
variance/2nd Minor/Major 15 45 200 class9, certified mail1D
Subdivision - Preliminary Plat
Final Plat None None None None
Notice of Violation" 15 45 None Post on-site, certified mail to
landowner
1 The distance from the exterior property boundary of the site to all or part of another parcel of land whose owners must
be notified of a governmental action. This distance includes the width of a right-of-way or other public ownership.
2 Zone Map Amendment, Chapter 18.70.
3 Posting and mailing only applies to appeals taken from actions to approve, approve with conditions, or deny a
development proposal and not to appeals of administrative interpretations.
4 Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of contributing structures
in the neighborhood conservation overlay district, or modification of wetlands.
5 Planned Unit Development, Chapter 18.36.
B Conditional Use Permit, Chapter 18.34.
7 Certificate of Appropriateness, Chapters 18.28 and 18.30.
B When newspaper notice is required the notice shall be published in a newspaper of general circulation.
9 Mail by 1st class to all landowners within 200 feet except those subject to certified mail.
10 Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous
property and the subdivider.
11 Notices of Violation subject to ~ 18.64. 150E
12 Days prior to the close of the public comment period or public hearing unless otherwise specified in this title.
(Ord. 1645 ~ 1, 2005)
18.76.040 Notice of City Approval Within Neighborhood Conservation and Entryway
Overlay Districts
In order to inform adjacent property owners and residents that an application within an
overlay district has been approved by the City, any site approved for construction or alterations
within an overlay district shall be posted with a notice supplied by the Planning Department. The
notice shall be posted in a conspicuous place on the site before any construction begins and may
be removed when the project is substantially complete. The notice shall specify the name of the
owner of record, the address of the property, a description of the scope of work approved, and
the date of City approval. (Ord. 1645 ~ 1,2005)
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