Public hearing and notice
The zoning board of review shall hold a public hearing on any complete application for a variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing which notice shall include the precise location of the subject property, including the street address and a description of the relief sought and be advertised as follows:
(1) In the newspaper of local circulation in the town.
(2) The applicant shall notify by first class mail:
a. The applicant—All owners of the subject property in question; and
b. All property owners of record of lands within 200 feet of the property, which is the subject of the application, whether within the town or within an adjacent city or town; and
c. By first class mail to the city or town council of any city or town to which one or more of the following pertain:
(1) Which is located in or within not less than 200 feet of the boundary of the subject property, or;
(2) 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, within 2,000 feet of the subject property, regardless of municipal boundaries; and
d. The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights for surface water resources and/or surface watersheds that are used or suitable for use as public water sources and that are within 2,000 feet of the subject property, 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 zoning enforcement agency a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
e. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
f. The same notice shall be posted in the town or city clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least 14 days prior to the hearing.
A supplemental notice, that a variance is under consideration, may be posted at the location in question. This posting shall be for informational purposes only and not constitute required notice of a public hearing.
The cost of newspaper and mailing notification shall be borne by the applicant.
(Ch. 1050, §§ 2, 3, 4-16-2018; Ch. 1117, § 12, 12-18-2023)