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A. Publication Notices

1. Unless otherwise specifically provided in this chapter, all publication notices for public hearings required by this chapter shall be published in one (1) issue of the official City newspaper so that twenty (20) days elapse between the date of the publication and the date of the public hearing.

2. The publication notice shall fix the time and place for the public hearing.

3. Where the hearing is to consider changes in the text of this ordinance, or to generally revise the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the ordinance or in the boundaries of the zone or district.

4. If the hearing concerns specific property, the property shall be designated by legal description and/or general street location sufficient to identify the property under consideration. The notice shall contain a general statement regarding the purpose of the application and a map of the property.

B. Notices to Surrounding Property Owners

1. Unless otherwise specifically provided in this chapter, if notice to surrounding property owners is required to consider an application, the notice shall be given as follows:

a. the applicant shall mail (at its cost) all notices at least twenty (20) days prior to the hearing to all owners of record of lands located within at least two hundred (200) feet of the area proposed to be altered for regulations of the City.

b. If the property proposed for alteration is located adjacent to the City limits, the area of notification shall be extended to one thousand (1,000) feet in the unincorporated area.

c. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form.

d. The notice shall state the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, a statement explaining that the public may be heard at the public hearing, and a map of the property. When applicable, the applicant shall include the site plan and elevations associated with the application.

e. The applicant shall provide staff with the list of property owners within 200 feet of the subject property that received the certified letters, return receipt.

2. For properties in excess of 100 acres subject to a public hearing, notice to surrounding property owners shall be given as stated in K.S.A 12-757.

3. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within two hundred (200) feet (within the City limits) or one thousand (1,000) feet (within the unincorporated area) of the property proposed for change have the opportunity to submit a protest petition, in conformance with this ordinance, to be filed with the office of the City Clerk within fourteen (14) days after the date of the conclusion of the public hearing.

4. Newspaper clippings of the publication notices shall not be used for the mailed notice.

5. Mailed notices shall be addressed to the owners of the property and not to mere occupants.

6. When the notice is properly addressed and mailed, failure to receive mailed notice does not invalidate any action taken on the application.

7. Prior to the public hearing, the applicant shall file with the secretary of the Planning Commission, or the Board of Zoning Appeals, as the case may be, the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent. Failure to submit the affidavit prior to the hearing will result in a continuance of the hearing.

C. Posting of Signs for Rezonings and Special Use Permits

1. In the case of rezonings and special use permits, the applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning proposed changes in use.

2. The sign shall be placed at a property line abutting the street and be readily visible to the general public.

3. The sign shall be furnished by the City to the applicant.

4. The applicant shall maintain the sign for at least the twenty (20) days immediately preceding the date of the public hearing.

5. The applicant shall file an affidavit with the secretary of the Planning Commission at the time of the public hearing verifying that the sign has been maintained and posted as required by this ordinance and applicable resolutions.

6. Upon conclusion of the public hearing, the applicant shall remove the sign.

D. Costs

The applicant is responsible for all costs incurred by the City for publishing notices and notifying surrounding property owners. (Ord. 16-20 § 4, 2016)