Who must get notice about a land use application

application. (a) Whenever any application under this chapter requires notice to owners and lessees of record interests of the surrounding properties: (1) Such notice shall be served to the owners and lessees of record of all lots of which any portion is within three hundred feet of any point along the perimeter boundary of the building site affected by the application if the building site is located within the state land use urban or rural district; 25-15 SUPP. 17 (1-2025) (2) For applications other than those requesting a change of zoning district classification, such notice shall be served on the owners and lessees of record of all lots of which any portion is within five hundred feet of any point along the perimeter boundary of the building site affected by the application if the building site is located within the state land use agricultural district, except that if the surrounding lots are located within either the state land use urban or rural district, notice shall be served on the owners and lessees of record of all lots of which any portion is within three hundred feet of the building site; or (3) For applications requesting a change of zoning district classification, such notice shall be served on the owners and lessees of record of all lots of which any portion is within one thousand feet of any point along the perimeter boundary of the building site affected by the application or the two contiguous lots in all directions, whichever distance is greater, if the building site is located within the state land use agricultural district or the County zoned agricultural district. For those adjoining properties located within either the state land use urban or rural district, notice shall be served on the owners and lessees of record of all lots of which any portion is within three hundred feet of the building site. (b) The applicant shall first serve notice of the filing of the application on the surrounding owners and lessees within ten days after the director or commission has officially acknowledged receipt of the application, and shall again serve notice of the application and of any proposed action or public hearing on the surrounding owners and lessees, within ten days after receiving notice from the director or the commission of the date of the proposed action or hearing. The second notice shall be served not less than ten days prior to the date of the proposed action or hearing. (c) In determining the names and addresses of the affected owners and lessees of record, as required by this section, the applicant shall utilize the data available from the real property tax office; provided, that where the director has received written notice of additional or subsequent owners or lessees of record and has so informed the applicant, the applicant shall also provide the required notice to such persons. The applicant shall also provide notice to such other owners and lessees of record when the applicant otherwise has actual knowledge of such other owners or lessees of record. (d) The notice to the affected property owners and lessees shall include the following information: (1) The name of the applicant; (2) The precise location of the property involved; (3) The nature of the application and the proposed use of the property; ZONING § 25-2-4 (4) The date on which the application was filed with the director or the commission; and (5) If the notice is for any proposed administrative action by the director or for any public hearing to be held by the commission, the date on which the administrative action by the director will be taken on the application or the date on which a public hearing will be held to consider the application. (e) Prior to the director’s proposed administrative action or prior to the commission’s public hearing, the applicant shall submit to the director or the commission, as appropriate, proof of service or of good faith efforts to serve notice of the application on the designated property owners and lessees. Such proof may consist of certified mail receipts, affidavits, declarations, or the like. The failure of a property owner or lessee to receive written notice, as provided in this section, shall not invalidate any action by the director or proceeding by the commission, provided that good faith efforts were made by the applicant to serve notice on the affected property owner or lessee. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2010, ord 10-52, sec 2.)25-2-4