Chapter 19.03
PUBLIC NOTICE
Sections:
19.03.001 Public notice of application.
19.03.002 Optional public notice.
19.03.003 Notice of public hearing.
19.03.001 Public notice of application.
A. In addition to the notice of application for Type III and Type IV project permits, the director shall also provide public notice of Type III and Type IV project permit applications by posting the property or by publication in the city’s official newspaper.
1. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows:
a. A single notice board shall be placed by the applicant:
i. At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility;
ii. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director;
iii. So that the top of the notice board is between five to six feet above grade; and
iv. Where it is completely visible to pedestrians.
b. Additional notice boards may be required when:
i. The site does not abut a public road;
ii. A large site abuts more than one public road; or
iii. The director determines that additional notice boards are necessary to provide adequate public notice.
c. Notice boards shall be:
i. Maintained in good condition by the applicant during the notice period;
ii. In place at least 30 days prior to the date of any hearing, and at least 15 days prior to the end of any required comment period;
iii. Removed within 15 days after the end of the notice period.
d. Removal of the notice board prior to the end of the notice period shall be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period.
e. An affidavit of posting shall be submitted to the director by the applicant at least 10 days prior to the hearing or final comment date. If an affidavit is not filed as required, any scheduled hearing or date by which the public may comment on the application shall be postponed until there is compliance with the notice requirement.
f. Notice boards shall be constructed and installed in accordance with specifications promulgated by the director.
2. Published Notice. Notice shall be published in the city’s official newspaper or in a newspaper of general circulation, and shall contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed.
3. Shoreline Master Program (SMP) Permits.
a. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods:
i. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built;
ii. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or
iii. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public.
b. Content of SMP Notice. SMP notices shall include:
i. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection;
ii. A statement that any person may submit oral or written comments at the hearing;
iii. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance.
c. Public Comment Period. The public comment period shall be 20 days.
d. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. (Ord. 806 § 12, 1998; Ord. 711 § 1, 1996).
19.03.002 Optional public notice.
A. The director, in his or her discretion, may:
1. Notify the public or private groups with known interest in a proposal or type of proposal;
2. Notify the news media;
3. Place notices in appropriate regional or neighborhood newspapers or trade journals;
4. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and
5. Mail notice to neighboring property owners.
B. The director’s failure to provide an optional notice, as described in this section, shall not be grounds for invalidation of any permit decision. (Ord. 806 § 13, 1998; Ord. 711 § 1, 1996).
19.03.003 Notice of public hearing.
A. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain:
1. The name and address of the applicant and the applicant’s representative;
2. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation, but need not include a legal description;
3. The date, time and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide testimony;
6. The sections of the code that are pertinent to the hearing procedure;
7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
8. The name of a city representative to contact and the telephone number where additional information may be obtained;
9. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and that copies will be provided at the requestor’s cost; and
10. A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies will be provided at the requestor’s cost.
B. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
1. Type I, Type II, and Type IV Actions. No public notice is required because no public hearing is held, except for an appeal of a Type II action.
2. Type III Actions. The notice of the public hearing shall be mailed to:
a. The applicant;
b. All owners of property within 300 feet of the subject property;
c. Any person who submits written or oral comments on an application;
d. For a plat alteration or a plat vacation pursuant to Chapter 16.07 GHMC, notice shall be as provided in RCW 58.17.080 and 58.17.090.
3. Type III Preliminary Plat Actions. In addition to the notice provided for Type III actions above, notice for preliminary plats and proposed subdivisions shall also include the following:
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities;
b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Pierce County shall be given to the appropriate county officials;
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation;
d. Special notice of the hearing shall be given to adjacent landowners by any method deemed reasonable by the director. Adjacent landowners are owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.909(1)(b) shall be given to owners of real property located with 300 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided.
4. Type V Actions. For Type V legislative actions, the city shall publish notice as described in subsection A of this section in the city’s official newspaper.
5. General Procedure for Mailed Notice of Public Hearing.
a. The records of the Pierce County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The director shall cause to be issued a sworn certificate of mailing to all persons entitled to notice under this chapter. The director may provide notice to persons other than those required to receive notice under the code.
b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail.
C. Procedure for Posted or Published Notice of Public Hearing.
1. Posted notice of the public hearing is required for all Type III and IV project permit applications. The posted notice shall be posted as required by GHMC 19.03.001(A)(1).
2. Published notice is required for all Type III, IV and V procedures. Notice shall be published in the city’s official newspaper.
D. Time and Cost of Notice of Public Hearing.
1. Notice shall be mailed, posted and first published not less than 10 nor more than 30 days prior to the hearing date. Posted notices shall be removed by the applicant within 15 days following the public hearing.
2. All costs associated with the public notice shall be borne by the applicant. (Ord. 806 § 14, 1998; Ord. 711 § 1, 1996).