Notification
The city council shall hold a public hearing within 65 days of receipt of the petition. Opportunity shall be given to all persons interested to be heard upon the matter of the proposed amendment/repeal. Notification for this public hearing shall include:
(1) Publication of notice in a newspaper of local circulation within the city at least once each week for three successive weeks prior to the date of such hearing, (which may include the week in which the hearing is to be held). Such newspaper notice shall:
a. Specify the place of such hearing and the date and time of its commencement;
b. Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;
c. Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;
d. Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied;
e. State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing and that any such alteration or amendment must be presented for comment in the course of such hearing; and
f. In the case of a proposed amendment which includes a specific change in a zoning district map, but does not affect districts generally, the newspaper notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city and town boundaries where appropriate.
(2) Written notice shall be mailed at least two weeks prior to the hearing to any of the following which is applicable:
a. Where a proposed amendment to an existing ordinance includes a specific change in a zoning district map but does not affect districts generally, notice shall be sent to all owners of real property whose property is located in or within 200 feet of the perimeter of the area proposed for change, whether within the city or within an adjacent city or town. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the amendment. Such notice shall be sent by first class mail to the last known address of such owners as shown on the current real estate tax assessment records of the city or town in which the property is located, provided that for any notice sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. This notice shall include a map showing the existing and proposed boundaries; zoning district boundaries; labeled existing streets and roads; and city town boundaries where appropriate.
b. To the city or town council of any city or town which is located in or within 200 feet of the perimeter of the area proposed for change.
c. To the city or town council of any city or town where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, at or within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
d. To the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is at or within 2,000 feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water department or agency, special water district or private water company has filed with the building inspector in the city a map survey which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land at or within 2,000 feet thereof.
e. Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the city. The notice shall given by first class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by section (1). Notice shall include reference to the merger clause to which the nonconforming lots would be subject, the notice shall include reference to the merger clause and the impacts of common ownership on non-conforming lots.
(3) The city shall post the notice in the city clerk's office and in one other city building at least 14 days prior to the hearing;
(4) The city shall make the notice accessible on the home page of the city's website at least 14 days prior to the hearing;
(5) For notices sent by first class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(6) The cost of newspaper and mailing notification shall be borne by the applicant.
(Rev. Ords. 1987, § 19-74; Ch. 914, § I(Att.), 12-19-23; Ch. 944, § I(Att.), 9-2-25)