All land use applications that require public hearings before the town council, the planning commission or the board of adjustment shall be subject to these requirements. Public notice of hearings is intended to provide for the opportunity for public participation on land use proposals within the town.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

It is the responsibility of the applicant to meet these requirements prior to the established hearing date.

(b)

The town council, the planning commission or the board of adjustment may continue any hearing to a date certain and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be pursued by the applicant unless a period of four (4) weeks or more elapses between hearing dates before the same board. In situations where this time period has passed, the applicant shall be required to publish the "NOTICE OF PUBLIC HEARINGS" provided in section 16-102(b) and change the date on the signs posted on the property required in section 16-102(d). All signs shall be removed from the property within five (5) days from the date of the final hearing on the application.

(c)

The town council may at its discretion require the applicant to comply with these procedures for land use applications other than those already prescribed for public hearings in the zoning and subdivision ordinances.

(d)

These public notice requirements apply to all land within the jurisdiction of the town as well as those parcels subject to the consideration of and petitioning for annexation to the town boundaries.

(e)

No public hearing shall commence, nor testimony be taken, until these procedures are met by the applicant.

(f)

Upon written request, the town manager may authorize the concurrent noticing of planning commission and town council hearings.

(g)

For notification of adjoining property owners, applicants must use the county assessor's records, and the list submitted to the town must be current within sixty (60) days of the public hearing. A written affidavit indicating the date that the notices were researched at the assessor's office shall be provided to the town.

(h)

Proof of all notices must be provided to the town not less than one (1) week prior to the hearing.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

(a)

The following applications shall be subject to the public notice procedures outlined herein:

(1)

Rezoning (amendments to the official zoning map);

(2)

Use by Special Review;

(3)

Major amendments to a development guide or plan;

(4)

Preliminary and minor subdivision plats;

(5)

Vacations and replats; and

(6)

Zoning and sign code variances.

(b)

At least fifteen (15) days prior to a public hearing, a notice shall be published at least one (1) time in the legal notice section of a general circulation newspaper within the town. A publisher's affidavit shall be submitted to the town prior to the hearing date to verify the publication of the required notice. The notice shall read as follows:

NOTICE OF PUBLIC HEARINGS

Notice is hereby given that the (name of board: Town council, planning commission, or board of adjustment) shall hold public hearings concerning (type of application request), located on property described in Exhibit A and generally located at (distance and direction of nearest major intersections), pursuant to the Town of Hudson Municipal Code.

The public hearings are to be held before the (Name of board) on (date), 20 ____, at (time a.m./p.m.), or as soon as possible thereafter. The public hearing shall be held at the Hudson Town Hall, 557 Ash Street, Hudson, Colorado, or at such other time or place in the event this hearing is adjourned. Further information is available through the town clerk's office at (303) 536-9311.

ALL INTERESTED PERSONS MAY ATTEND.

EXHIBIT A (legal description)

(c)

At least fifteen (15) days prior to a public hearing, a written notice shall be sent by regular first-class U.S. mail to all owners of property within five hundred (500) feet of the site for which the land use application is made. The written notice shall contain the following information:

(1)

The entire notice of public hearing outlined in subsection (b) above, including the legal description; and

(2)

A narrative outlining the proposed land use application before the planning commission, board of adjustment and/or town council.

(d)

Sign regulations.

(1)

Signs. At least fifteen (15) days prior to a public hearing, a notice shall be posted on the property for which the land use application is made. These notices shall consist of at least one (1) sign facing and clearly legible from each adjacent public right-of-way. In the case of a variance request, only one (1) sign shall be posted on-site in the general vicinity the variance is being considered. These notices shall be signs measuring not less than two feet by three feet (2' x 3'), in a form specified by the town, with the "NOTICE OF PUBLIC HEARING" lettering a minimum of three (3) inches high and on posts no less than four (4) feet above the ground. All remaining lettering shall be clearly legible from the right-of-way. These notices shall read:

NOTICE OF PUBLIC HEARING

Notice is hereby given that the property upon which this sign is posted shall be considered at a public hearing for (type of application request) pursuant to the Hudson Municipal Code.

The public hearing is to be held before the (Name of board) on (date), 20____, at (time a.m./p.m.), or as soon as possible thereafter. The public hearing shall be held at Hudson Town Hall, 557 Ash Street, Hudson, Colorado. Further information is available through the town clerk's office at (303) 536-9311.

ALL INTERESTED PERSONS MAY ATTEND.

(2)

Sign affidavit. The applicant shall provide the town clerk with an affidavit to the posting of the sign. The affidavit shall be in substantially the following form:

SIGN POSTING AFFIDAVIT

(Attach Photo Here)

____________________, the above sign was posted on (date) pursuant to the Town of Hudson Municipal Code, by (Applicant or Representative).

______________________________
Signature

STATE OF COLORADO  )
) ss.
   COUNTY OF ___________  )

Subscribed and sworn to before me this ______ day of ________________, 20_____, by ___________________________.

My commission expires: ___________________

(SEAL)

_____________________________
Notary Public

(e)

Vacation requests of lot lines, easements, approved plats or rights-of-way shall follow the same public notice procedures found in subsections (b) through (d) above, except that references to the hearings before the planning commission and the town council may be combined upon approval of the town manager.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

(a)

As used in this section, the following terms shall have the following meanings:

Mineral estate means an interest in real property that is less than full fee title and that includes mineral rights as shown by the real estate records of the county in which the real property is situated.

Mineral estate owner means the owner or lessee of a mineral estate for which notice is required pursuant to this section, and for which the records of the Weld County clerk and recorder allow the applicant to reasonably and in good faith identify the mineral estate owner.

(b)

The following applications shall be subject to the notice procedures to mineral estate owners outlined herein.

(1)

Rezoning (amendments to the Official Zoning Map);

(2)

Use by Special Review;

(3)

Any amendment to a development guide or development plan;

(4)

Minor subdivisions;

(5)

Preliminary plats for subdivisions; and

(6)

Replats.

(c)

Notice requirements. Where the mineral estate is severed from the surface estate, the applicant shall, at least thirty (30) days prior to the date of the scheduled public hearing on the application for development:

(1)

Send notice by first-class mail to the mineral estate owner, which notice includes the time and place of the first public hearing, the nature of the hearing, the location of the property that is the subject of the hearing and the name of the applicant;

(2)

Send notice to the town containing the name and address of the mineral estate owner;

(3)

Certify to the town, prior to or at the first scheduled public hearing on the application, that proper notice has been provided to the mineral estate owner. Such certification shall consist of a statement indicating compliance with this section, as well as a certificate of mailing, attached to the notice sent to the mineral estate owner, to read as follows:

CERTIFICATE OF MAILING

The undersigned hereby certifies that on the ____ day of _________, 20____, a true and correct copy of the within Notice of Public Hearing was deposited in the U.S. mail, postage prepaid, first class, addressed as follows:

__________________
Mineral Estate Owner
[Address]

(4)

An applicant's failure to provide a certificate of mailing indicating compliance with the notice requirements will result in automatic denial of the application by the town.

(5)

The mineral estate owner may waive the right to notice under this section in writing to the applicant and receipt of this waiver by the town shall satisfy the notice requirements contained herein.

(Ord. 10-08 §2, 2010)