§ 25-2-374. PUBLIC HEARINGS; NOTICE.

(A)

Public hearings on a request for an NC combining district shall be held by the:

(1)

Land Use Commission; and

(2)

council.

(B)

Before the Land Use Commission may hold a hearing, the Historic Landmark Commission must hold a public hearing if the proposed NC combining district contains:

(1)

a designated historic landmark or historic district; or

(2)

except as provided in Subsections (F) and (G), a structure with historic significance, as determined by the Cultural and Historic Resources Survey of the City of Austin.

(C)

A neighborhood organization requesting an NC combining district must give notice by certified mail, return receipt requested, to each property owner in the proposed district not later than 60 days before the date of the first Land Use Commission hearing or, if applicable, the first Historic Landmark Commission hearing. The notice must include the time, date, and location of the public hearing and the location of copies of the proposed neighborhood plan that are available for review.

(D)

A neighborhood organization requesting an NC combining district shall provide the director of the Neighborhood Planning and Zoning Department with a list of property owners to whom notice of the public hearing was mailed and the return receipts from the mailed notice. The list must indicate if an owner is in favor of inclusion in the district, is opposed to inclusion, or has not indicated a preference.

(E)

The director of the Neighborhood Planning and Zoning Department shall post signs giving notice of the public hearing described in Subsection (C) along the boundary of a proposed NC combining district.

(F)

The director of the Neighborhood Planning and Zoning Department may waive notice required by Subsection (C) if:

(1)

the principal use of a portion of a proposed NC combining district is restricted to civic uses;

(2)

the property in the portion of an NC combining district to be restricted to civic uses is owned by a single person; and

(3)

the neighborhood organization and the owner of the property to be restricted to civic uses submit a written request to waive notice provisions.

(G)

If a waiver is granted under Subsection (F):

(1)

a hearing at the Historic Landmark Commission on a proposed NC combining district is required only if the district includes a designated historic landmark or historic district; and

(2)

an NC combining district, if established, may include only the property to be restricted to civic uses.

Source: Sections 13-2-134, 13-2-136, and 13-2-137; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 041202-16.