O Fallon City Zoning Code
NOTICES AND
HEARINGS
§ 157.255 PUBLICATION NOTICES.
(A) Newspaper public notice publication. Notice of all hearings for zoning text amendments, property rezoning or other approvals subject to this requirement shall be published in one issue of a newspaper published in the city or, if no newspaper is published in the city, a newspaper of general circulation in the city. At least 15 days, but no more than 30 days, shall elapse between the date of such publication and the date set for hearing. It shall be the city’s responsibility to make sure said public notice is published pursuant to this section. Notice for text amendments shall include a brief statement describing the requested change.
(B) Inclusions. Notice for other amendments or approvals shall include:
(1) Identification or description of the particular location for which the amendment or other approval is sought; and
(2) A brief statement describing the proposed amendment or other approval sought.
(Prior Code, § 158.255) (Ord. 623, passed 9-8-1970)
§ 157.256 NOTICES OF HEARING TO SURROUNDING PROPERTY OWNERS.
(A) Mailed notice. Notice for hearings subject to this subchapter, except hearings for text amendments, shall, in addition to the newspaper publication requirement above, also require notice to surrounding property owners as follows.
(1) The applicant shall certify and provide the addresses and owners, as recorded in the office of the County Recorder of Deeds and as appears from the authentic tax records of the county, of all property within 250 feet in each direction of the location for which the special use is requested.
(2) Making notice of the hearing to the neighboring owners of record is the city’s responsibility and shall be sent by regular mail within 15 days of the scheduled hearing, but shall not be sent more than 30 days prior to the scheduled hearing.
(B) Notice of intent to surrounding property owners. It shall be the applicant’s responsibility to submit a notice of intent to surrounding property owners by certified mail. The notice shall contain the time and place of the public hearing and a statement regarding the purpose of the hearing, including, but not limited to, the following.
(1) The notice shall contain a statement regarding the proposed changes in the chapter or in the boundaries of the zone or district.
(2) Where the hearing is for an application that relates to specific property, the property shall be designated by its legal description and general street location.
(Prior Code, § 158.256) (Ord. 623, passed 9-8-1970; Ord. 3718, passed 6-20-2011)
§ 157.257 PUBLIC HEARINGS.
When the consideration of an application requires a public hearing, the following shall apply.
(A) Purpose. The purpose of a public hearing is to provide the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.
(B) Minutes. A journal of minutes of the proceedings shall be made for all public hearings.
(C) Rules of procedure. All testimony by witnesses in any hearing shall be given under oath. The governing body, Commission and Board may adopt additional rules of procedure for public hearings by resolution or by-laws.
(D) Continuance. Any applicant or authorized agent shall have the right to one continuance of a public hearing before the Commission, governing body or zoning hearing officer. No additional notices shall be required, except if a hearing is continued to an unspecified date, notice pursuant hereto shall be required to officially schedule the subsequent date and place of the continued hearing. If a second continuance is required, it shall be treated as a new public hearing. Notice for the new hearing shall be accordance with §§ 157.255 and 157.256.
(Prior Code, § 158.257) (Ord. 623, passed 9-8-1970)