On every land use action for which notice is provided below, both the commission and the council shall hold a public hearing in which interested persons shall have an opportunity to be heard. No notice of a council hearing shall be given prior to receiving a recommendation from the commission where required. Following any hearing, if a material change from what was advertised in the notice and presented at the public hearing is proposed, further notice and hearing shall be provided before the final decision is made. (Ord. 1070, 2010)

Prior to recommending a special use permit, at least one public hearing at which interested persons shall have an opportunity to be heard, shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall also be provided to property owners and residents within the land being considered based on the following schedule:

A.   Five hundred feet (500') for all special use permits being requested/considered within residential one (R-1), residential two (R-2), residential three (R-3) and multi-family residential (R-M) zones;

B.   Seven hundred fifty feet (750') for all special use permits being requested/considered within C-2, C-3 and CBD zones;

C.   One thousand feet (1,000') for all special use permits being requested/considered within the C-1 zone;

D.   One thousand five hundred feet (1,500') for all special use permits being requested/considered within M-1, M-2, BP, PS, MU and P zones. (Ord. 1070, 2010)

The commission shall hold a public hearing and make recommendations on the proposed zoning amendments. Zoning amendments may consist of text or map revision.

A.   Zoning Ordinance Text Amendment: The commission, prior to recommending a zoning ordinance text amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council.

B.   Zoning Ordinance Map Amendment: The commission, prior to recommending a zoning ordinance map amendment that is in accordance with the comprehensive plan to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents within the land being considered based on the following schedule:

   1.   Five hundred feet (500') for all zoning ordinance map amendments being requested/considered within residential one (R-1), residential two (R-2), residential three (R-3) zones, and multi-family residential (R-M) zones;

   2.   Seven hundred fifty feet (750') for all zoning ordinance map amendments being requested/considered within C-2, C-3, and CBD zones;

   3.   One thousand feet (1,000') for all zoning ordinance map amendments being requested/considered within the C-1 zone;

   4.   One thousand five hundred feet (1,500') for all zoning ordinance map amendments being requested/considered within M-1, BP, M-2, PS, MU and P zones.

Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council. (Ord. 1074, 2010: Ord. 1070, 2010)

A.   Except as noted within this section, any time notice is required under this section, the land being considered shall be posted by the zoning administrator or designee not less than fifteen (15) days prior to the commission hearing and again not less than fifteen (15) days prior to the council hearing.

B.   For comprehensive plan land use map amendments and/or zoning ordinance map amendments consisting of changes to more than ten (10) parcels of land, posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right of way. In such cases a minimum of one four foot by four foot (4' x 4') plywood sign shall be placed adjacent to the right of way. Otherwise, three (3) notices in the official newspaper or paper of general circulation, with the third notice appearing a minimum of ten (10) days prior to the public hearing, shall be published. The notice shall include a six inch by six inch (6" x 6") minimum size graphic representation showing the proposed comprehensive plan land use map or zoning ordinance map amendments. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:

   1.   Signage Requirements:

      a.   Materials; Mounting: The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) posts in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground.

      b.   Information: Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Public Notice". In addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered. Each sign shall be painted white and the letters shall be painted black.

      c.   Special Use: In lieu of the above conditions, for special use permit applications made pursuant to chapter 17.60 of this title only, the sign shall consist of one eleven inch by seventeen inch (11" x 17") sign on paper or other material and lettering sufficient to inform the public of the name of the applicant, and, if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered.

      d.   Location Of Signs: The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right of way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right of way must be obtained and the sign(s) located therein. Except as noted herein, if the land being considered consists of more than one parcel of record, a sign must be located upon each parcel. The administrator, upon finding that adequate notice will be provided, may not require all signs to comply with the size requirements of this section. In the event that the land being considered includes properties with five hundred feet (500') or more of road frontage, a sign shall be placed on each end of the property roadway frontage. If this property includes a corner lot, three (3) signs shall be posted, one on the corner and one on each end of the property roadway frontages. (Ord. 1070, 2010)

In any instance where notice of a public hearing before either the commission or the council requires notice to be mailed to two hundred (200) or more property owners or purchasers of record, in lieu of mailing notices of hearing to such persons entitled to it, notice of the hearing may be published in any newspaper published daily or weekly in Jerome County, Idaho, or, if no such newspaper is published in Jerome County, Idaho, then in a newspaper in general circulation in Jerome County, Idaho, by publishing the notice of hearing twice in the legal advertisement section of such newspaper, the first publication of which shall be at least fifteen (15) days prior to the hearing, and the last of which shall be at least three (3) days prior to the hearing. In addition, notice of the hearing shall be posted on any external boundary(ies) of the real property subject to the hearing at least fifteen (15) days prior to the hearing date, on any boundary abutting a public street. The posted notice required by this section shall not apply if the public hearing addresses a matter requiring more extensive posting under subsection 17.90.040B of this chapter. (Ord. 1074, 2010)