§ 22.3. Public notification.

22.3.1.

Legal notice. Not less than fifteen (15) days and not more than forty-five (45) days prior to the scheduled date of the public hearing the final action by the city council, and in accordance with O.C.G.A. § 36-66-1 et seq., and not less than ten (10) days prior to the planning commission meeting, a notice of public hearing shall be published in the legal notice section of a newspaper of general circulation within the City of Cartersville. Such notice shall state the application file number, and shall contain a summary of the proposed amendment in the case of a text amendment, and the location of the property, its area, owner, the current zoning classification, and the proposed zoning classification in the case of a map amendment. Such notice may include both the planning commission and the city council meeting dates. Advertising of the legal notice as required in this section shall be the responsibility of the applicant. If the application is for amendment to the official zoning maps, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property. The cost of the advertisement shall be borne by the applicant. The notice shall also state, "Notice is hereby given that the Mayor and City Council have the power to impose a different zoning classification from the classification requested, and impose or delete zoning conditions that may change the application considerably." If the notice does not run in the newspaper in conformance with these requirements, the application is void and cannot be considered as scheduled. The applicant shall coordinate with the zoning office and readvertise for a future hearing, as assigned by the staff.

22.3.2.

Signs posted. The zoning administrator shall post, at least fifteen (15) days prior to the planning commission's public hearing and the mayor and city council's public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of the public hearing.

22.3.3.

Letters to property owners. The applicant shall notify each owner of property adjoining the property for which the amendment (other than a text amendment) is sought by mailing to each property owner a letter by first class mail, with proof of mailing obtained from the Post Office. Proof of mailing means either a first class "certificate of mailing" or a first class "certified mail" receipt; a proof of delivery is not required. Only owners reflected on the records of the tax assessors as of January 1 of the year in which the application is filed shall be entitled to notice. In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded. Notice shall also be provided by letter to such other impacted property owners or interest holders as the zoning administrator directs. The form letter provided by the city shall be used, or a letter conveying substantially the same information. Proof of mailing for each recipient shall be provided to the zoning administrator before the public hearing. Said notice must be mailed at least fifteen (15) days prior to the date of said scheduled public hearing.

22.3.4.

City exemptions. The provisions of sections 22.3.2 and 22.3.3 shall not apply if the application is initiated by the zoning department staff, the planning commission or the mayor and city council.

22.3.5.

Fee. Along with the application, a nonrefundable application fee is to be submitted at the time the application is submitted, pursuant to the fee schedule as adopted by the City of Cartersville at section 17-85 of the Code of Ordinances, City of Cartersville, Georgia. A fee shall not be charged for applications initiated by the zoning staff, mayor and city council or planning commission.