Chapter 20.20

NOTICE PROVISIONS

Sections:

20.20.010 Public notice sign.
20.20.020 Published notice.
20.20.030 Personal notice of public hearing.
20.20.040 Personal notice of filings for minor variance and design review applications
20.20.050 Notification following decision.
20.20.060 Notification of appeal or revocation
20.20.070 Costs of notice.

     20.20.010 Public notice sign.
     A. Prior to holding a public hearing, the applicant shall provide evidence that a public notice sign on the subject site has been posted in accordance with the following:
         1. The sign shall be posted on the site of a development application at least ten days prior to any public hearing.  The purpose of the public-notice sign is to notify the community and residents in the effected area of the proposed development and the time, place and date for consideration.
         2. The sign shall be posted in the form established by the community development department (see figure 20.20.1).  The number and location of the sign placement shall be determined by the director.  The sign shall be removed by the applicant within 72 hours of the decision or the date of withdrawal. (Ord. 801, 1997; Ord. 763, 1996)     

Figure 20.20.1
                                                                 _24" 

     20.20.020 Published notice.
     Except as otherwise specifically provided in this title, in any instance in which it is required by law that an advisory body, director, the planning commission, board, or any other final decision-maker must hold a public hearing, a notice setting forth the date, time, place and purpose of the hearing, the name of the applicant, and identification of the subject property must be published once in a newspaper of general circulation published in the county, at least ten days before the date set for the hearing.  The notice shall be prepared by the county. (Ord. 763, 1996; Ord. 610, 1993; Ord. 608, 1993; Ord. 607, 1993; Ord. 605, 1993; Ord. 539, 1991; Ord. 494, 1989; Ord. 390, 1981)     

     20.20.030 Personal notice of public hearing.
     A. Whenever personal notice of a public hearing is required by this title or by chapter 278 of NRS, in addition to the notice requirement of section 20.20.010, notice must be mailed, or if requested by a party, provided by electronic means if the electronic notice can be sent and its receipt can be verified by the county, at least ten days prior to the hearing to:
         1. The applicant;
         2. Any person who has filed a written request for the notice;
         3. Surrounding property owners within a radius drawn from the perimeter limits of the property that is subject of the application as follows:
                a. If the subject property is one acre or less in size, all properties within 300 feet shall be notified.
                b. If the subject property is more than one acre and less than 40 acres in size, all properties within 600 feet shall be notified.
                c. If the subject property is 40 acres or larger, each property owner within 1,320 feet shall be notified.
                d. Or to each owner of at least the 30 parcels nearest to the project parcel, as listed on the county assessor’s records, if it is a greater number of parcels than required by subsections (a), (b), or (c), and to the extent it does not duplicate notice given in subsection (a), (b), or (c).
         4.  If a zone change, variance or special use permit is proposed within 300 feet of a mobile home park, each tenant of the mobile home park must be notified.
         5.  Any advisory board, which has been established for the affected area by the governing body.
         6. Where the site contains any type of conveyance ditch or easement which requires a hearing before the water conveyance advisory committee, notice shall be provided to any conveyance ditch user within Douglas County adjacent to or downstream of the proposed map as determined from the list of water rights owners compiled by the Federal Water Master’s Office, or for those conveyance facilities not covered by the Alpine Decree from the list of water right owners maintained by the state engineer.
     B. The notice must include the name of the applicant, the time, place and purpose of the hearing and a physical description of, or map detailing the proposed change of the property.  The notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.  The notice of zoning permits must indicate the existing zoning designation, the proposed zoning designation, and contain a brief summary of the intent of the change of the property.   (Ord. 984, 2001; Ord. 943, 2000; Ord. 801, 1998; Ord. 763, 1996; Ord. 641, 1994; Ord. 610, 1993; Ord. 608, 1993; Ord. 607, 1993; Ord. 605, 1993; Ord. 539; 1991; Ord. 494, 1989; Ord. 390, 1981)      

     20.20.040 Personal notice of filings for minor variance and design review applications.
     Upon the filing of an application for an minor variance or design review, excluding minor design review, the community development department shall send, by first class mail, notice of the filing of an application to all contiguous property owners.  Contiguous for the purpose of this chapter includes those properties which touch the parcel which is subject to the land use request including those which would touch the property when projected across a public or private easement or right-of-way.  The notice shall contain a brief description of the request, the location of plans for review and a deadline for comment. (Ord. 801, 1998; Ord. 763, 1996; Ord. 501, 1989; Ord. 400, 1982; Ord. 199, 1973)     

     20.20.050 Notification following decision.
     Within three working days of the date of the final decision-maker’s determination on the development application, written notification of the action shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any.  If the final decision-maker denies the application, a written statement setting forth the basis for that decision to deny the application shall also be included.  If the decision is on a zoning permit application within a town’s boundary that the town has reviewed under section 20.08.010, a copy of the decision must be sent to the town board at the same time.  Record of the notification shall be filed with the clerk of the board. (Ord. 972, 2001; Ord. 763, 1996; Ord. 608, 1993; Ord. 607, 1993; Ord. 390, 1981)      

     20.20.060 Notification of appeal or revocation.
     Whenever a notice of appeal is filed or whenever the county determines to revoke a development permit which was obtained following a public hearing pursuant to chapter 20.24, personal notice of the appeal or revocation shall be prepared and made in the manner prescribed by section 20.20.030. (Ord. 801, 1997; Ord. 763, 1996; Ord. 641, 1994; Ord. 614, 1993; Ord. 613, 1993; Ord. 608, 1993, Ord. 607, 1993; Ord. 167, 1968)      

     20.20.070 Costs of notice.
     The applicant is responsible for providing the required mailing list, labels and stamped envelopes, and for payment of any fee for the list and labels, for any proposal requiring personal notice. (Ord. 801, 1997; Ord. 763, 1996; Ord. 608, 1993)