§ 30-1-117. Public hearing and general notice provisions

A.

Specific purposes. Public hearings are open meetings conducted by local boards to gather information from the public and to survey public opinion as part of the local rule-making process. Public hearings are required by either the State of Colorado or Town of Berthoud and will be conducted before the Planning Commission, the Board of Trustees or the Planning Commission acting as the Board of Adjustment as appropriate. Public hearings will be conducted under the following general conditions:

1.

Before reviewing an application for a permit that requires a public hearing, said hearing shall be scheduled within a reasonable time as allowed by the schedules of Town officials and staff. Town staff is responsible for the scheduling of all public hearings.

2.

Subject to Subsection C below, the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments.

3.

The Board of Trustees, Planning Commission or Board of Adjustment conducting the hearing may place reasonable and equitable limitations on the presentation of evidence, arguments and the cross-examination of witnesses.

B.

Public notice requirements. The Town shall give notice of any public hearing required as provided below. The applicant shall be responsible for all costs of such notice.

1.

Where required by statute or ordinance to give notice to surrounding property owners, notice shall be given by mailing a written notice not later than five days before the hearing to those persons who have listed for taxation any real property located within 300 feet of the lot, parcel or property area that is the subject of the application or appeal.

2.

Where required by statute or ordinance to give notice to other interested property owners such as mineral interest owners of record, mineral and oil and gas lessees for the property, and appropriate ditch companies notice shall be given by mailing a written notice not later than 15 days before the hearing.

3.

Where required by statute or ordinance to give notice to other parties of interest or referral agencies, notice shall be given by mailing a written notice not later than 15 days before the hearing.

4.

Where required by statute or ordinance to give notice of annexation hearings to special districts, school districts and Larimer or Weld County Commissioners and the Larimer or Weld County Attorney, notice shall be given by a certified mailing of a written notice not later than 25 days before the hearing.

5.

When required by the notice of public hearing table (Table 1.1) in this section, the applicant must post a sign along each street frontage of the property. The Town will provide signs when a complete application is made. The applicant is responsible for erecting and maintaining the sign(s) for the time period specified and removing them after the last public hearing. Signs must be placed as near the property line as possible and in a manner that is readily visible from the street or road. Posting the property is a courtesy to the public and the failure of anyone to observe a sign does not invalidate any public hearing.

6.

The applicant shall provide (prior to the hearing) an affidavit showing the property was posted within the specified time.

7.

The Town shall give notice of any public hearing required as follows:

a.

Notice shall be given to potentially interested persons by publishing a notice one time in a newspaper having general circulation in the area not less than 15 days prior to the hearing.

b.

This notice shall state the date, time and place of the hearing, reasonably identify the lot, parcel or property that is the subject of the application or appeal, and give a brief description of the action requested or proposed. Proof of publication shall be made part of the record at the time of the public hearing.

C.

Hearing and notification requirements. Listed below are the notification requirements in the Town of Berthoud. Abbreviations used below include C.R.S. (Colorado Revised Statutes) and Hearing (Public Hearing). Hearings will be noticed per the Town of Berthoud in most instances, but notice requirements for annexation must follow provisions of the Colorado Revised Statutes. Mailed notices identified below would normally include notice of both the Planning Commission and Town Board meeting/hearings as appropriate.

Table 1.1 Hearing and notification requirements

	Hearing	Publication	Mailed notice	Post sign
Annexation	Before Commission as regular agenda item. Before Town Board per C.R.S.	4 successive weeks starting at least 30 days prior to Statutory Hearing.	Yes, to property owners within 500 feet no less than 25 days and no more than 30 days prior to Statutory Hearing.	Yes, no less than 30 days prior to Statutory Hearing.
Zoning	Before Commission as regular agenda item and Town Board as hearing.	No less than 15 days prior to Commission meeting.	Yes, to property owners w/in 500 feet sent no less than 15 days prior to Commission meeting.	Yes, no less than 15 days prior to Commission meeting.
Rezoning	Before Commission as regular agenda item and Board as hearing.	No less than 15 days prior to hearing.	Yes, to properties within 500 feet area sent no less than 15 days prior to Commission meeting.	Yes, no less than 15 days prior to Commission meeting.
Text Amendment to Development Code (Chapters 10-11)	Before Board as hearing.	No less than 15 days prior to hearing.	No.	No.
Preliminary Plat	Before Planning Commission as regular agenda item and Board as hearing.	No less than 5 days prior to meeting.	Yes, to property owners within 500 feet no less than 5 days prior to meeting.	Yes, no less than 5 days prior to Commission meeting.
Final Plat	Before Planning Commission as Hearing. No Board meeting or hearing.	No less than 5 days prior to Commission meeting.	Yes, to property owners within 500 feet no less than 5 days prior to Commission hearing.	Yes, no less than 5 days prior to Commission hearing.
Conveyance Plat	Before Commission as regular agenda item and Board as hearing.	No less than 5 days prior to Commission meeting.	Yes, to property owners within 500 feet, and referral agencies no less than 5 days prior to Commission meeting.	Yes, no less than 5 days prior to Commission meeting.
PUD or amendment to PUD	Before Commission as regular agenda item and Board as hearing.	No less than 15 days prior to hearing.	Yes, to property owners within 500 feet, and referral agencies no less than 15 days prior to Commission meeting.	Yes, no less than 15 days prior to Commission meeting.
Comprehensive Plan Amendment	Before Planning Commission as hearing and Board as regular agenda item.	No less than 15 days prior to Commission hearing.	No	No
Text Amendment to Development Code (Chapters 1-9)	Before Planning Commission as regular item and Town Board as hearing.	No less than 15 days prior to hearing.	No.	No.
Variances and Appeals	Board of Adjustment (BOA) as hearing	No less than 15 days prior to hearing.	Yes, to property owners within 300 feet no less than 15 days prior to BOA hearing.	Yes, no less than 15 days prior to BOA hearing.
Conditional Use	Before Planning Commission as hearing.	No less than 15 days prior to hearing.	Yes, to property owners within 500 feet, and referral agencies no less than 15 days prior to Commission meeting.	Yes, no less than 15 days prior to Commission meeting.
Use By Special Review/Conditional Use: Medical Marijuana/Oil and Gas	Before Town Board as a hearing	No less than 15 days prior to hearing.	Yes, to property owners within 500 feet, and referral agencies no less than 15 days prior to Board meeting.	Yes, no less than 15 days prior to Town Board meeting.
Minor Subdivision	Before Planning Commission as hearing.	No less than 5 days prior to hearing.	Yes, to property owners within 500 feet no less than 5 days prior to Commission hearing.	Yes, no less than 5 days prior to Commission hearing.
Site Plan Review and Action	Administrative approval unless referred to Planning Commission by Administrator	No notice required,	No notice required,	No notice required,

 

D.

Modification of application at hearing.

1.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Trustees, Planning Commission or Board of Adjustment, the applicant may agree to modify his or her application, including the plans and specifications submitted.

2.

Unless such modifications are so substantial or extensive so as to materially change the plans, the hearing body may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Town for review and approval as an administrative act.

E.

Hearing continuations. The Board, Commission or Board of Adjustment may continue the hearing to a subsequent meeting at a certain date and time or may close the hearing and continue the meeting to deliberate the issues until a final decision is made. If a hearing is continued to a certain date and time, no further notice of a continued hearing or meeting need be published.

F.

Record. A tape recording shall be made of all hearings, and transcripts of such hearings may be requested within 30 days of the close of the hearing. Transcripts shall be provided within a reasonable time after deposit of the cost of the preparation of the transcript with the Town.

(Ord. No. 1252 , § 1(Exh.), 9-25-2018)