Whenever, pursuant to this title 17 or pursuant to title 16, B.M.C., a public hearing before the city council or the land use review commission is held, a neighborhood meeting is conducted or a concept review is conducted, public notice shall first be given as provided in this chapter. Failure to give full notice as required by the terms of this chapter due to a clerical or administrative oversight or omission shall not affect the validity of any hearing, meeting or decision. The provisions of this chapter shall not apply to amendments to title 16 or title 17.

(Ord. 516 §3, 1983; Ord. 769 §15, 1988; Ord. 1111 §47, 1995; Ord. 1935 §71, 2011; Ord. No. 2127, § 5, 8-11-20)

(Ord. No. 2138, § 76, 4-6-21)

At a minimum, every type of notice required by this chapter shall contain the following information:

(A)

The name of the body before which the hearing is to be held, if applicable;

(B)

The date, time, and place that the hearing, meeting or review will be held;

(C)

The legal description of the property with regard to which the hearing will be held or, in the case of public notice signs, the general description of the property location; and

(D)

The action or decision which is requested or proposed.

(Ord. 516 §3, 1983; Ord. No. 2127, § 6, 8-11-20)

Notice shall be given by publication one time in a newspaper of general circulation in the city at least five days before the hearing.

(Ord. 516 §3, 1983; Ord. 1070 §2, 1994)

Notice shall be given by first-class mail to the record owners of the property with regard to which the action or decision is proposed or requested and to the record owners of property located within the distances noted in subsection (A) herein. The record owners must be determined as of not more than sixty days prior to the date notice is sent. The notices shall be sent within ten days of the city's receipt of a concept review application and no less than ten days before any hearing or neighborhood meeting is held concerning the property. The applicant shall obtain and submit to the city the names and addresses of the record owners of the property with regard to which the action or decision is proposed or requested and of property within the distances noted in subsection (A) herein.

(A)

Mailed notice shall be provided to the property owners within:

(1)

One thousand feet from the planned unit development plan, planned unit development plan amendment, site development plan, site development plan amendment, use by special review, concept review and final plat;

(2)

Two hundred feet of a requested variance.

(3)

Such additional distance deemed necessary by the city and county manager based on the proposed size, density, and intensity of the proposed development.

(Ord. 516 §3, 1983)

(Ord. No. 2127, § 7, 8-11-20)

Notice shall be given by posting on the property or on a public right-of-way abutting the property. Each sign shall be at least twenty-two inches by twenty-eight inches in size. Posting shall be in at least one location, but the city manager or the director of community development may require such additional posting as they deem desirable. Posting shall be complete at least ten days before the hearing or meeting. Posting shall be the responsibility of the applicant, who shall submit an affidavit of posting immediately after posting the notice. All notices posted pursuant to this chapter shall be removed by the applicant within forty-eight hours after the hearing or meeting.

(Ord. 516 §3, 1983; Ord. 1805 §1, 2005)

(Ord. No. 2127, § 8, 8-11-20)

In computing any period of time prescribed for the giving of notice, the day of the hearing shall not be included. The day of the publication, mailing, or posting shall be included. Saturdays, Sundays, and legal holidays shall be counted as any other day.

(Ord. 516 §3, 1983)

Fees for giving public notice as required by this chapter shall be $100.00 per application or proposal and shall be paid by the applicant for, or proponent of, the action being requested or proposed. These fees are in addition to any application fees, and shall be paid at the time the application is presented to the city.

(Ord. 812 §1, 1989)

A hearing, once commenced, may be continued to a date, time, and place certain by the body before whom it is being held without any additional public notice being required.

(Ord. 516 §3, 1983)