§ 32-3-302. SAME - HEARING REQUIRED; NOTICE.

(a)

In general. Except as provided in § 32-3-303 of this subtitle, the Department of Permits, Approvals and Inspections shall schedule a public hearing on a petition for a variance, special hearing, or special exception for a date not less than 30 days and not more than 120 days after the petition is accepted for filing.

(b)

Notice.

(1)

The Department of Permits, Approvals and Inspections shall ensure that notice of the time and place of the hearing relating to the property under petition be provided:

(i)

By requiring the petitioner at petitioner's expense to conspicuously post two (2) signs of the notice on the property for a period of at least 20 days before the date of the hearing, and to provide a certificate of posting to the Department of Permits, Approvals and Inspections on the date of the posting and a second certification of posting within five days of the hearing. The signs shall measure at least 24 inches by 36 inches in size and be placed within view of a public road where possible;

(ii)

By requiring the petitioner at petitioner's expense to place a notice in at least one newspaper of general circulation in the county at least 20 days before the hearing; and

(iii)

By the county posting notice on the county's internet website, including on the Zoning and Development hearings calendar and the community update newsletter webpages, at least 15 days before the hearing.

(2)

The notice shall provide:

(i)

The address of the property under petition or, if not available, a description of the property; and

(ii)

The action requested by the petition.

(3)

The Administrative Law Judge may not consider the petition unless notice for the property under petition has been posted in accordance with this section.

(c)

Referral to Director of Planning. Once a hearing date for a petition is established, the Department of Permits, Approvals and Inspections shall promptly forward a copy of the petition to the Director or Deputy Director of the Department of Planning for consideration and a written report containing findings relating to planning factors.

(1988 Code, § 26-127) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 91, 1990, § 2, 8-13-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 103-02, § 2, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011; Bill No. 55-11, §§ 1, 2, 10-16-2011; Bill No. 15-12, § 1, 5-20-2012; Bill No. 6-18 , § 1, 3-19-2018)

Editor's note:
  Section 2 of Bill No. 6-18 provides that this Act shall not apply to any Zoning Petition or Hearing Officers Hearing filed and scheduled for a hearing prior to the effective date of this Act.