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Fairplay City Zoning Code

ARTICLE IV

Public Notice

Sec. 16-4-10.- Public notices and hearings on applications.

Whenever the regulations contained in this Chapter call for a public hearing on an application, whether before the Town Administrator, Board of Adjustment, the Board of Trustees or other Commission, the following shall be adhered to:

(1)

All public hearings shall be preceded by written notice that shall be mailed, first class postage prepaid, posted and published in conformance with the following table. The applicant shall bear the costs of all noticing regarding public hearings on his or her application.

Public Notice
Type of ApplicationMinimum NoticeProperty Owner NoticeAdditional Requirements
Zoning
 • Variance
 • Zoning Amendment
10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Zoning
 • Protest
Minimum 72 hours prior to Board of Trustee Vote, written notice filed Minimum 20% owners of land area surrounding and extending 100' from land subject to rezoning must file written protest  • Requires vote of ⅔ of all members of Board of Trustees
Subdivision
 • Minor
 • Major
10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Major or Minor Subdivision and Exemption Appeals 10 days prior to hearing Regular mail or personally delivered to the appellant  • Posted at Town Hall
Planned Unit Development (PUD)
 • PUD Hearing
 • Cure of Deficiencies
 • PUD Plan Enforcement
 • PUD Plan Modification
10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Special Use 10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Appeals 10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Board of Adjustment 10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Home Occupation Complaint 10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall
Vested Property Rights 10 days prior to hearing Notice shall be mailed/hand delivered to all adjoining property owners including those directly across adjoining street or alley  • Publication of Notice in Newspaper
 • Posting of Notice on subject property
 • Copy of Application available at Town Hall

 

(Ord. 2015-3, §1, 1-4-2016)

Sec. 16-4-20. - Public notice—Standards.

(A) Written notice—Published and mailed.

1.

Name of applicant; address of property.

2.

Date, time and place for the hearing.

3.

Name of the body conducting meeting/hearing.

4.

Brief description of proposed request/application.

5.

Where subject request/application can be reviewed or acquired—address/telephone number, (e.g., Town Hall).

6.

Applicant is responsible for the costs of and accurate and timely noticing by newspaper publication, posting and mailing of public notice regarding a request/application.

7.

Notice by mail to persons other than those required in this Section shall be made for purposes of convenience only; and a failure by any person other than an applicant to have received mailed notice shall not constitute grounds to delay or deny an application, or a meeting or hearing on an application, so long as the other types of notice required by this Section were timely and properly provided.

(B)

Posted Signs.

1.

Minimum size twenty-two (22) inches wide by twenty-six (26) inches tall.

2.

Constructed of waterproof/weather-resistant materials.

3.

All print at least one (1) inch high.

4.

Install on subject property in conspicuous place; facing street. If the subject property abuts more than one (1) street, a sign shall be placed facing each such street.

(C)

Persons notified.

1.

All property owners adjoining subject property including those across adjoining streets and alleys.

2.

Owners names and addresses shall be those listed current Park County real property tax records on the application submittal date.

(D)

Availability of application.

1.

Applicant shall provide at their own expense at least one (1) complete copy of application including all supporting documentation for public inspection at Town Hall during regular business hours at least ten (10) days prior to any noticed public hearing.

(E)

Responsibility for notice.

1.

The accurate and timely public notice is the responsibility of the applicant. Assistance may be requested from the Town Clerk.

2.

Notice by mail to persons other than as provided for in this Section shall be made for purposes of convenience only; and a failure by any person other than an applicant to have received mailed notice shall not constitute grounds to delay or deny an application, or a meeting or hearing on an application, so long as the other types of notice required by this Section were timely and properly provided.

(Ord. 2015-3, §1, 1-4-2016)