§ 1500-23-060. Public Noticing

Where identified on Table 1500-23-1, noticing for permits and approvals shall be in compliance with the following:

A.

No Public Hearing Required. No public notice is required.

B.

Notice of Intent to Approve.

1.

Noticing. A Notice of an Intent to Approve shall be mailed via first class US Mail or delivered at least 10 calendar days prior to an action to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, and all persons who have requested notice. In addition, for Zoning Clearances associated with small wind energy systems, notice shall also be provided to all established agricultural aerial spraying operators of record.

2.

Content. A Notice of an Intent to Approve shall include the following information:

a.

The name of the applicant;

b.

The file number assigned to the application;

c.

A general description of the nature of the request;

d.

A general description, in text or diagram, of the location of property that is subject to the notice;

e.

The identity of the Approving Authority as the Director and the scheduled date for action;

f.

A statement that the Director may approve the application without holding a public hearing, unless a public hearing is requested in writing prior to the scheduled approval date;

g.

Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the Director at, or prior to, the public hearing; and

h.

A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.

C.

Public Hearing Required.

1.

Noticing. Notice of the hearing shall be mailed or delivered at least 10 days prior to the public hearing to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, each local agency expected to provide essential facilities or services to the site, and other agencies the application was circulated to for comments as part of the review process. Notice shall also be provided to all persons who have requested notice. In addition:

a.

If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, the County, in lieu of a mailed or delivered notice, may provide notice by placing a display advertisement at least one-eighth page in at least one newspaper of general circulation within the County at least 10 days prior to the hearing.

b.

If the notice is mailed or delivered to the owners of property within 400 feet, the notice shall also be published pursuant to in at least one newspaper of general circulation within the County at least 10 days prior to the hearing.

Beyond the noticing required by this section, the County may also give notice of the hearing in any other manner it deems necessary or desirable.

2.

Content. A notice of a public hearing shall include the following information:

a.

The name of the applicant;

b.

The file number assigned to the application;

c.

A general description of the nature of the request;

d.

A general description, in text or diagram, of the location of property that is subject to the hearing;

e.

The date, time, and place of the public hearing;

f.

The identity of the Approving Authority and a brief description of the process and procedure for submitting public comment; and

g.

Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in the notice, or in written correspondence delivered to the Director at, or prior to, the public hearing.

(Ord. No. 1635, § 24, 6-27-2017)