§ 656.137. Notice of Public Hearing and public meetings for rezonings.

(a)

One notice of the time and place of all public hearings which are required to be held by this Chapter with respect to zoning exceptions, variance or waivers, and all public meetings for rezonings, shall be mailed at least 14 days in advance of the first scheduled hearing by United States mail to all owners of real property within 350 feet of the boundaries of the land upon which an exception, variance, waiver, or rezoning is requested and to all neighborhood organizations qualified to receive notice under Section 656.124(f). In regard to a waiver for distance limitations from locations of liquor licenses, all churches and schools within 1,500 feet identified pursuant to Section 656.804 shall also be notified of such waiver request by certified mail, return receipt requested. For the purpose of notice requirements to adjoining owners, the names and addresses of the owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. For the purpose of notice requirements to registered neighborhood organizations, the registration list compiled by the Zoning Administrator pursuant to Section 656.124(f) shall be utilized. There shall be no additional charge to the applicant for the notices to be delivered to the CPACs and neighborhood organizations. Notice received pursuant to this subsection (a) shall confer "affected party status" automatically upon the recipient of such notice, but the failure of an owner or registered neighborhood organization under Section 656.124(f) required by this Section to be notified by mail to receive the notice shall not invalidate or otherwise have any effect upon a public hearing or action taken by the Commission on an application for zoning exception or variance.

(b)

One notice of all public hearings for each exception, variance or waiver, and of the public meeting held by the Planning Commission for rezonings, shall be published once in a newspaper of general circulation not less than 14 days in advance of the date of the first scheduled hearing. The published notice shall be in a form prescribed by the Commission and placed by the applicant at his expense. The applicant shall file proof of publication with the Commission prior to the public hearing or meeting.

(c)

The applicant for a zoning exception, variance, waiver, or rezoning shall post signs at intervals of not more than 200 feet along all street sides of property upon which the request is made in the form required by the Department within five working days after the filing for a zoning exception, variance or waiver, or pursuant to Section 656.124 for a rezoning. The sign shall be posted in full view of the public on each street side of the land involved in a manner consistent with Section 656.124(c) and shall be maintained by the applicant until a final determination has been made on the zoning exception, variance, waiver, or rezoning. The sign shall be removed by the applicant within ten days after final action by the Commission or Council, as the case may be.

(d)

If the Department finds that the posting of signs in (c) above has not been done or has been done improperly, the Department shall notify the Commission, which may delay the hearing on the zoning applications until the signs are posted in accordance with the requirements of (c) above.

(e)

The notices regarding zoning exceptions, variances or waivers required pursuant to subsection (a) hereinabove should contain a clear and concise statement concerning appeal rights to the Council, including an explanation of the requirement that an adversely affected person who does not appear in person before the Commission must provide a "qualifying written statement" to the Commission in order to preserve any right they may have to file an appeal, and also including the definition of "adversely affected person" and "qualifying written statement." The notices regarding rezonings shall be as required by Section 656.124, Ordinance Code.

(f)

For purposes of this section, for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Commission" shall mean the Downtown Development Review Board. Furthermore, the requirement contained in subsection (a) of this section concerning mailed notification to owners of real property within 350 feet of the boundaries of the land upon which the rezoning is requested shall not apply unless such notice is determined by Downtown Investment Authority staff to be appropriate, however, the applicant shall submit an electronic version of the published notice to DIA staff for placement on the City's website.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 96-801-506, § 2; Ord. 97-972-E, § 2; Ord. 98-678-E, § 3; Ord. 99-358-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 11; Ord. 2012-364-E, § 10; Ord. 2015-378-E , § 1)

Note— Former § 656.136.