§ 28.3. Public hearing and notice requirements.

Before adopting any land use petition change, the board of commissioners shall hold a public hearing following the public hearing by the community zoning board where a recommendation was made on the petition.

Notice of the community zoning board and board of commissioners hearings shall be given simultaneously at least 15 days but not more than 45 days prior to the date of the board of commissioners' public hearing and shall be published in the official legal organ of Fulton County. Renotification is not required when a petition is deferred by the board of commissioners.

The applicant or agent shall post a sign as issued by E&CD in a conspicuous location on each public street frontage of the subject property not later than 8:30 a.m. on the 20th day prior to the Community Zoning Board Hearing.

The sign shall be mounted and posted as specified by E&CD. Property that is not posted on the 20th day before the scheduled first hearing date will be administratively removed from the agenda.

When the Community Zoning Board or the Board of Commissioners defers a petition, the applicant is required to post an updated sign with new hearing dates 20 days prior to the next scheduled hearing date. When a petition is deferred by the Board of Commissioners for less than 20 days, posting an updated sign is not required.

The Department shall give notice by regular mail to all property owners within 300 feet of the boundaries of the subject property who appear on the tax records of Fulton County as retrieved by the County's Geographic Information System. The notices shall be mailed a minimum of 15 days prior to the hearing date. Renotification by mail is not required when a petition is deferred by the Board of Commissioners.

The published and mailed notices shall contain the time, place, and purpose of the hearing, the location of the property, and the present and proposed zoning classifications and/or requested use permit. The posted sign shall include all of the items required in the published notice except the location of the property. Notice shall not be considered inadequate if the mail is not delivered.

(Amd. No. 09-0185, 2-4-09; Amd. No. 09-0766, pt. 2, 8-5-09)