§ 40-20. Public notice procedure and conduct of public hearing.

(a)

Purpose. The purpose of this section is to establish the minimum requirements for notice to be given with respect to procedural actions required elsewhere in this chapter and amendments to the official zoning map.

(b)

Notice of public hearing. When a public hearing is required by this chapter, notice shall be given as follows:

(1)

Appeals and requests for variances do not require published notice, but all other notice procedures established by this subsection shall apply.

(2)

Where an amendment to the official zoning map or to the zoning regulations is proposed, notice of the public hearing shall be given by publication one time of a legal notice in a newspaper of general circulation in the city at least 16 days prior to the date of the hearing.

(3)

Written notice of a public hearing shall be mailed at least 11 days in advance of the public hearing. All owners of real property, as shown by the most recent tax roll of the city, within 200 feet of the property on which the change or variance is proposed shall be given notice by mail. The notice is served by its deposit, properly addressed with postage paid, in the United States certified mail, return receipt requested. The record shall preserve the evidence of delivery or the return of the certified mail evelopes. The written notice shall contain the following information:

a.

The date, time and place of the hearing.

b.

A description reasonably calculated to inform a person of the location of the property which is the subject of the hearing.

c.

The sections of the code pertinent to the hearing procedure.

d.

A statement that written documents may be examined and written comments accepted during normal business hours in the office of the city secretary at city hall.

(c)

Cost of notice. If the public hearing is on an application filed by a private individual or developer, the applicant shall pay all costs of providing notice. If, however, the public hearing is on a matter initiated by the city, the city shall bear the costs of providing notice.

(d)

Public hearings of matters shall be conducted: (1) to apprise all interested parties of the relevant facts to the matter; and (2) to solicit opinions from all viewpoints represented among the various interests present at the hearing. It is not necessary that every person be provided with an opportunity to speak, where such person's opinion merely duplicates or reiterates, in the opinion of the chairperson, the opinion of previous speaker(s) so that meetings may be conducted as expeditiously as is reasonable. However, fundamental fairness to all viewpoints of parties appearing at the meeting shall be preserved.

(Ord. No. O-42-07, § I, 9-24-2007)