Public notice and hearing requirements.
§ 255-440. Public notice and hearing requirements.
A. The Board, immediately upon receipt of an application for a variance or a special use permit, may request that planning staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan, in writing, to the Board within thirty (30) days of receipt of the application from the Board.
B. The Board shall hold a public hearing on an application for a variance or a special use permit in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the Town. A supplemental notice, that an application for a variance or a special use permit is under consideration, shall be posted at the location in question. The posting is for information purposes only and does not constitute required notice of a public hearing. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town and the notice shall be accessible on the Town's website at least fourteen (14) days prior to the hearing. For any notice sent by USPS first-class mail, the sender of the notice shall submit a notarized affidavit attesting the mailing. The cost of newspaper notification shall be due and payable from the applicant.
C. Notice by USPS first-class mail shall be sent by the applicant at least fourteen (14) days prior to the date of the hearing to all property owners within the notice radii specified under Subsections D and E of this Code section. Notice shall also be sent to at least those who would require notice under Code § 255-1820. The requirement for notice by USPS first-class mail shall apply even where properties within the notice radii are located in an adjacent municipality. Where notification radius includes properties in an adjacent municipality, notice by USPS certified mail shall also be sent to the Clerk of the adjacent city or town. A list of the names and addresses of these persons shall be determined from current public records within the appropriate municipality. Proof of such mailing shall be established by the applicant's filing an affidavit of notice with the Town's Department of Planning and Development. The cost of mailing notification shall be paid by the applicant.
D. For dimensional variance and special use permit applications, notice shall be sent to all property owners within 500 feet measured from the perimeter of the property boundary, except in the case of applications within the R-20 Zoning District in which the notice shall be sent to all property owners within 200 feet measured from the perimeter of the property boundary.
E. For use variance applications, notice shall be sent to all property owners within the notice radii shown below, as measured from the perimeter of the property boundary: Notice Radius Measured from Property Boundary (feet) Zone 200 R-20 500 VRC, VMC, GB, GB-1, BP, I1, I2 1,000 RR-2, RR-3 2,000 RR-5