§ 13.308. PUBLIC NOTICE

A.

Generally. Public notice shall be provided as required by law or this section.

Table 13.308 Property Owner Notice
		None	Adjacent	200 Feet
Landmark Commission	COA		×
	Demolition			×
	New Construction			×
	Recommendation to PC or ZBA			×
Planning Commission	Abandonment			×
	Beachfront Permit	×
	Change of Zoning			×
	Classification of New and Unlisted Use	×
	License to Use			×
	Planned Unit Development			×
	Replat			×
	Specific Use Permit			×
	Street Name Change			×
	Text Amendment	×
Zoning Board of Adjustment	Appeal of Landmark Commission Decision			×
	Appeal of Staff Determination			×
	Change of Occupancy — Nonconforming Use			×
	Special Exception			×
	Temporary Permit for Mobile Home, Travel Trailer on Single Lot			×
	Variance			×

 

B.

Mailed Notice. If a mailed notice is required, then the Development Services Director or their designee shall deposit such notice into the mail not less than 10 days prior to the date of the hearing. Written notice shall be provided to owners of the parcels within 200 feet of the outer boundary of the land subject to the application at the mailing addresses of such persons in the records of the Appraisal District.

C.

Posted Notice. A posted notice may be required for proposed zoning map amendments (rezoning) and specific use permits except when a proposed map amendment is initiated by the City. The City may place a sign on the subject property at least 10 days prior to the scheduled meeting of the decision-making body, and the sign shall remain until after the final scheduled meeting regarding the subject application. Signs shall be located so that the lettering is visible from abutting public right-of-way. If no part of the subject property is visible from a public right-of-way, the notice shall be posted along the nearest street in the public rights-of-way in a location that does not obstruct sight lines that are necessary for public safety. The inadvertent removal of the posted notice (sign) shall not invalidate the statutory or ordinance required publication procedure for the zoning ordinance or map amendments.

D.

Content of Notice. All notices shall include the following contents:

1.

The street address of the property (if a street address is assigned);

2.

The name of the applicant;

3.

The type of approval sought ( e.g. , rezoning);

4.

A brief description of the application;

5.

The case number;

6.

The date, time and location of the meeting at which the application will be considered for approval;

7.

The phone number of the Development Services Department; and

8.

For mailed and published notices, the legal description of the property.

E.

Computation of Time. In computing the time periods for providing notice pursuant to this Section, the day of mailing, publication and/or posting shall not be counted, but the day of the hearing shall be counted.

F.

Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or location map that are not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the Development Services Director to make a formal finding as to whether there was substantial compliance with the notice requirements of these regulations and such finding shall be made available to the decision-making body at the same meeting or prior to final action on the application.

( Ord. No. 18-037, § 2, 6-21-18 )