(A)

Notice procedure for all public hearings. All petitions before the city's plan commission and board of zoning appeals shall be filed at the office of the city superintendent at least 20 calendar days prior to the date of public hearing at which the petitions are to be heard and must be on file prior to the date any public notices are sent out. Petition shall include three copies of any plans, plats or exhibits. The petitioner is responsible for cost and preparation of: all filing documents; legal notice; notice to adjacent owners; notice to agencies; notice to commission and board members; placement of "notice of public hearing"; plans, plats and exhibits; and all other requirements for filing and presentation of a petition before the commission or board.

(B)

Limit on subsequent filing of petitions. Any petition to the commission or board that has been denied shall not be again presented to the commission or board for a period of one-year from the date of denial unless the subsequent petition has substantial and material changes from the denied petition. Change in ownership, in and of itself, is not a substantial or material change with respect to filing of a petition.

(C)

Notice of publication. Legal notice in a newspaper of general circulation in the city shall be published at least 15 days prior to the hearing date and proof of publication shall be made by an affidavit of the publisher attached to a copy of the notice taken from the paper in which it was published. Such affidavit shall include the name of the newspaper and the time of publication. Proof of publication shall be returned to the city superintendent not later than two business days prior to the public meeting.

(D)

Property notice posting. The petitioner shall post on the land that is the subject of the petition before the commission or board a "notice of public hearing." The notice will be provided by the city superintendent at the time of application. Notice shall be prominently located and easily visible from the road or street at the address of the property and shall remain until final action by the commission or board.

(E)

Notice to adjacent owners. Additional notice shall be given to all adjacent landowners who are within two parcels in depth or 660 feet from the subject property, whichever is least. Such notification shall be made at least 15 days prior to the hearing date and be made by certified or registered mail, return receipt requested. For purposes of this notice requirement, where the petitioner owns any of the adjacent parcels of ground, the subject property shall be deemed to include such adjacent land owned by the petitioner. For the purpose of determining the names and addresses of the legal adjacent property owners, the records in the bound volumes of the most recent tax assessment records as they appear in the offices of the county auditor shall be deemed to be the true names and addresses of persons entitled to be notified.

(F)

Notice to checkpoint agencies. Notice shall also be provided to the following checkpoint agencies stating that plans are available for their review and comment at the office of the city superintendent. The notice shall state specifically the nature of the development, the number of employees or potential households and traffic impact. Notice shall be sent by certified mail, return receipt requested, or hand delivered with proof of delivery to the following not less than 15 days prior to the hearing:

(1)

The city's police department or county sheriff;

(2)

Metropolitan school district of the city;

(3)

The county's soil and conservation district;

(4)

The county's highway engineer;

(5)

The city's fire department and any other fire departments having jurisdiction; and

(6)

The county's board of health if the development is to be serviced by individual waste treatment (septic) systems.

(G)

Notice to commission and board members. Each member of the plan commission or board of zoning appeals, as the case may be, shall be sent by regular mail at their address as provided by the commission, not less than 15 calendar days prior to the hearing, a notice per subsection (C) above. Also, the notice to commission or board members shall contain any exhibits, plans or other documents that were filed with the application. Further, should any meeting of the commission or board be continued to allow the petitioner more time to gather additional information then any documents or exhibits that the petitioner wishes to present at the next meeting shall be mailed, ten calendar days in advance of the continued meeting date, to the city superintendent and the respective commission or board members. In the event that the petitioner fails to provide the necessary information in a timely manner, the commission or board may continue the hearing until the information is provided or deny the petition.

(H)

Affidavit of notice. The petitioner shall furnish evidence of compliance of the notice requirements by filing a notarized statement with the board or commission as is appropriate. Said notice shall list names and addresses of the property owners to whom the notices sent out and the return receipts of postal registrations shall be attached to the affidavit in the same order as the property owners are listed on the affidavit and returned to the office of the city superintendent not less than two business days prior to the public meeting.

(I)

Plan commission meeting date. The plan commission meets on the fourth Tuesday of each month at 7:00 p.m., unless otherwise posted, and conducts hearings for zoning map changes, subdivision plats, minor plats and planned unit developments. The regular meeting of the plan commission shall be in session until 10:30 p.m. At the discretion of the chairperson, the meeting can continue for the completion of an item past 10:30 p.m. In the event there are additional items still scheduled on the agenda, those items that have not been heard shall be continued until the following Tuesday at 7:00 p.m. at the city hall at which time the plan commission shall reconvene without additional notices being required and the continued items shall then be heard.

(J)

Proposed forms for rezoning. Minor plats, subdivisions, planned unit development, board of zoning appeals variance applications, model permits and special exceptions are all on file with the office of the city superintendent.

(K)

Fees. All filing fees are posted with the clerk/treasurer's office and shall be paid prior to the acceptance of the petition for zoning map change, variance, plat, planned unit development, subdivision plat, minor plat, model permit or special exception. All filing fees are non-refundable.

(L)

Forms. Filing forms, example letter to adjacent property owners, petition application and affidavit of notice of public hearing can be obtained from the office of the city superintendent City Hall, 59 South Jefferson Street, P.O. Box 1415, Martinsville, Indiana 46151.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2011-1655, 7-18-2011)

Whenever a petitioner desires to have a special meeting of the city's plan commission the petitioner must request said special meeting at a regular scheduled meeting of the commission. If the chairperson of the commission approves a special meeting, then the chairperson will schedule said special meeting on an agreed date with the petitioner. In addition to meeting all the filing, application, notice, fees and other requirements of this chapter, the petitioner shall pay a non-refundable special meeting fee in the amount shown in Section 94-240 of this chapter.

(Ord. No. 2001-1478, 11-19-2001)