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Denton City Zoning Code

ARTICLE XVII

Requirements for public hearing and public notice.

§ 128-214 Posting.

A. 
Unless otherwise expressly provided by law, all notices to the general public required by § 128-216 shall be made by posting the property to be affected by the pending proceeding. Such posting shall be made at least 14 days prior to the hearing date by the erection of a sign to be furnished by the Department of Planning. Such sign shall be continuously posted until the date of the hearing and shall not be removed until the time specified in Subsection E herein. Such sign shall be erected by the initiator of the proceeding within ten (10) feet of the boundary line of the property, which abuts the most traveled public road. If no public road abuts thereon, then such sign shall face in such direction as designated by the Director of Planning and shall bear the words:
PUBLIC HEARING NOTICE
Case Number: ____________________ pending
(nature of the case)
For information, call: ____________________
(telephone number)
The blanks shall be filled in with the assigned case number, if any, a short description of the nature of the proceeding, and the telephone number of the appropriate government office to provide information regarding the proceeding.
B. 
The Department of Planning shall furnish the sign to the initiator of the proceeding with payment by the initiator of a nonrefundable deposit of $10.
C. 
At the hearing, it shall be the duty of the initiator of the proceeding to prove by affidavit or in person that he has fully complied with this section.
D. 
Any sign to be posted pursuant to this section shall be maintained in a visible location and free from obstruction by brush, weeds, or other growth until after the public hearing is held. Such a sign shall be removed within five (5) days after the appropriate administrative board renders the final decision.
E. 
Posting of the property as stated herein shall not be required for sectional or comprehensive amendment procedures.

§ 128-215 Public hearing.

All proceedings under the terms of this chapter requiring a public hearing shall be advertised by the Town once a week for two successive weeks in a newspaper of general circulation in the Town, with the first such advertisement at least fourteen (14) days prior to the public hearing, the cost for which publication shall be borne by the petitioner, prior to the date the proceeding is scheduled for hearing, which advertisement shall state the following:
A. 
The date, time, and place of such hearing.
B. 
A summary of the purpose of the proceeding in sufficient detail to inform the public of the nature of the proceeding and the relief sought by the initiator of the proceeding.
C. 
The location of the property involved, its area, name of owner, file or case number of the proceeding, and the name of the governmental body before which such proceeding is to be conducted.
D. 
Any other information deemed necessary by the Director of Planning to adequately inform the public of the proceeding.

§ 128-216 Public notice.

A. 
Preliminary major site plans, subdivisions, and applications under the provisions of the IRD Infill and Redevelopment Overlay Zone are subject to the public notice requirements outlined herein. The Planning Commission may require public notice for the review of a final major site plan or major subdivision.
B. 
The applicant shall give at least fourteen (14) days notice of the time and place of the Planning Commission review of a preliminary major site plan or subdivision application by mail to the owners of property within two hundred (200) feet of the property with which the Planning Commission's review is concerned.
C. 
A certificate of mailing shall be submitted to the Department of Planning and Codes prior to the date on which the proceeding is scheduled. Failure to provide a certificate of mailing to all property owners within two hundred (200) feet of the property on which the proceeding is scheduled shall delay the proceeding. The mailed notice shall be directed to the address to which the real estate tax bill on the property is sent. Said notice shall contain the same information as the published notice required by § 128-216 of this article.
(1) 
The date, time, and place of such review.
(2) 
A summary of the purpose of the proceeding in sufficient detail to inform the public of the project scope.
(3) 
The location of the property involved, its area, name of the owner.
(4) 
Any other information deemed necessary by the Director of Planning to adequately inform the public of the proceeding.
D. 
The Department of Planning shall provide a complete, accurate, and up-to-date list of all such property owners that require notice. Failure of a person to receive the notice shall not impair the validity of the hearing. For any Planning Commission or Board of Appeals review that requires notification to contiguous property owners, the petitioner shall also post the subject property at least fourteen (14) days prior to the meeting.