2-20-100 Public Notice Requirements

1. Content
   • Every notice shall include:
     • (a) The name and mailing address of the applicant.
     • (b) The type of development application sought.
     • (c) Date, time and place of the hearing, (if a hearing is required) or the last date on which comments regarding/objections the application will be received by the County (if a hearing is not required).
     • (d) The address and legal description of the subject property if applicable.
     • (e) A summary of the development application under consideration.
     • (f) Identification of the decision-making body conducting the hearing (or making the decision, if no hearing is required).
     • (g) Such other information as may be required to fully apprise the public of the nature of the application.
2. Publication
   • Where Table 2-1 indicates that newspaper publication notice shall be given, the Community Development Director shall cause notice of the hearings to be published one time in a newspaper of general circulation in the County as follows:
     • (a) For matters in which the Board of County Commissioners, Planning and Zoning Commission, Hearing Officer or Community Development Director is the decision-making body, at least fourteen (14) and no more than ninety (90) days prior to the hearings.
     • (b) For matters in which the Board of Adjustment is the decision-making body, at least seven (7) and no more than ninety (90) days prior to the hearings.
3. Posting
   • Where Table 2-1 indicates that posted notice shall be given:
     • (a) Posting of notice shall be made by the applicant by posting a sign in a conspicuous place on the property subject to the development application. The form of the sign shall be obtained from the Community Development Department. The sign shall be placed on the property at least fifteen (15) days prior to the public hearing or the comment/objection deadline (if a hearing is not required), and shall be maintained in readable condition in the same location until the date of the public hearing or the comment/objection deadline.
     • (b) The sign shall be made of suitable, waterproof materials, shall be not less than twenty-four (24) inches wide and thirty-six (36) inches high, and shall be composed of letters not less than one (1) inch in height.
     • (c) The applicant shall provide a signed and notarized affidavit in a form as specified by the Community Development Director attesting to the date that the sign was posted. A photograph of the posted sign must accompany the affidavit.
     • (d) It is the applicant’s duty to ensure that required posted notice remains in place and in readable condition for the period specified above, to replace the posted notice if it is removed or becomes unreadable during that period, and to remove the sign within one (1) week after the public hearing or the comment/objection deadline (if a hearing is not required).
4. Mailing
   • Where Table 2-1 indicates that mailed notice shall be given:
     • (a) The applicant shall obtain copy of the notice from the Community Development Department.
     • (b) At least thirty (30) days prior to a public hearing before the Hearing Officer, Planning and Zoning Commission or the Board of County Commissioners, at least seven (7) days prior to a public hearing before the Board of Adjustment, and at least two (2) weeks prior to the comment/objection deadline for an Administrative Review application, the applicant shall send the required form of notice to all owners of property within three hundred (300) feet of the property subject to the development application. If the application is for a subdivision or PUD, notice shall also be provided to the current mineral estate owners as required by C.R.S. 24-65-5. If the application is for approval of oil and gas extraction or mineral extraction, notice shall be provided to both the current surface owners and current mineral estate owners of the parcels of land within which the facility is proposed to be located, as well as the current surface owners of those parcels of land adjacent to the parcels within which the facility is proposed to be located.
     • (c For purposes of the notice mailing, the applicant shall use the names and addresses on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. It shall be the applicant’s responsibility to obtain the required addresses.
     • (d) Notices shall be sent to adjacent property owners by first class, postage prepaid U.S. mail. The applicant shall deliver to the Community Development Department, prior to any scheduled public hearing, meeting, or any administrative decision that requires a public notice, an affidavit confirming that the required mailed notices have been completed in accordance with the provisions of this subsection (4).

(b) Appeals

In the case of an appeal to the Board of County Commissioners of an item that was decided by the Board of Adjustment, Planning and Zoning Commission or Hearing Officer at a public hearing or decided by the Community Development Director with public notice pursuant to Table 2-1:

1. The Community Development Department shall cause notice to be published one (1) time in a newspaper of general circulation in the County at least one (1) week before the regular or special meeting of the Board of County Commissioners at which the appeal is to be considered. The notice shall specify the meeting agenda and location of the parcel of land that is the subject of the hearing.
2. If the appellant is the applicant, the appellant shall cause a notice of the proposed appeal and the nature of that appeal to be posted on a sign placed on the property that is the subject of the hearing at least one (1) week before such hearing, and to remove the sign within one (1) week after the hearing. The form of the sign shall be obtained from the Community Development Department.
3. If the appellant is the applicant, the appellant shall mail a notice of the appeal to all owners of property within three hundred (300) feet of the property subject to the development application at the appellant’s expense, at least one (1) week prior to the meeting. In the event that property within three hundred (300) feet is held in common ownership, the notice shall be sent to the appropriate homeowners or condominium association. At the time the appeal is filed, the appellant shall supply the names and addresses of property owners within three hundred (300) feet from the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the appeal hearing.
4. If appellant is not the applicant, the appellant shall mail a notice of the appeal to the applicant and all owners of property within three hundred (300) feet of the property subject to the development application at appellant’s expense, at least one (1) week before the date of the meeting at which the appeal will be heard by the Board of County Commissioners.