Skip to code content (skip section selection)
Compare to:
Asheville Overview
Asheville, NC Code of Ordinances
Asheville, Standard Specifications and Details Manual
Sec. 7-5-20. Notices and public hearings.
(a)   General notice requirements. Each notice for public, legislative or quasi-judicial, hearings required by this chapter shall identify: (1) the date, time and place of the hearing and (2) the nature and character of the proposed action. Where the action being taken concerns a particular property or properties, the notice shall also identify the location of the subject property. At any time the procedures set out in this chapter conflict with North Carolina General Statutes, the North Carolina General Statute procedures will control.
(b)   Notice procedure. The following standards detail the notification procedure to be followed for public hearings required by this chapter unless otherwise set forth in this chapter. Failure to follow procedures set forth in this section may affect the validity of any action taken at a public hearing or public meeting.
(1)   Published notice. Notice for hearings required by this chapter shall be published in a newspaper of general circulation once a week for two successive calendar weeks, with the first notice being published no later than ten days, nor more than 25 days, prior to the date on which the application is to be considered at a scheduled public hearing. Hearings held by the downtown commission shall be exempt from this notice requirement.
(2)   Mailed notice for legislative hearings. First class mailed notice for legislative hearings required by this chapter shall be provided to the person or entity whose application or request is the subject of the hearing, to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing and owners of all properties located within 200 feet of the subject property as said owners are shown on the county tax listings. Such notice shall be mailed no later than ten days before the scheduled date of the hearing.
(3)   Mailed Notice for quasi-judicial hearings. First class mailed notice for quasi-judicial hearings required by this chapter shall be provided to the person or entity whose application or request is the subject of the hearing, to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing and owners of all properties and parcels abutting the subject property as said owners are shown on the county tax listings. Such notice shall be mailed no later than ten days before the scheduled date of the hearing. For the purpose of this section properties are "abutting" even if separated by a street, railroad, or other transportation corridor.
(4)   Posted notice. A sign (or signs) providing information concerning a legislative or quasi-judicial hearing required by this chapter will be posted on property which is the subject of said hearing no later than ten days before the date on which the hearing is to occur. The sign(s) shall be prominently placed on the subject parcel or on an adjacent public street or highway right-of-way. When multiple parcels are involved, a posting on each individual parcel is not required, but the city shall post sufficient notices to provide reasonable notice to interested persons.
(c)   Special notice requirements for telecommunications towers/structures. For any public hearing for special use applications for telecommunication towers and concealed telecommunication support structures, as required by section 7-16-2 hereinafter, additional notice and public hearing requirements shall be provided as set forth in section 7-16-2 of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 4, 1-12-99; Ord. No. 2625, § 1, 10-12-99; Ord. No. 2976, § 1a, 11-12- 02; Ord. No. 3374, § 1(o), 7-11-06; Ord. No. 4274, § 1d, 1-28-14; Ord. No. 4560, § 1e, 2-14-17; Ord. No. 4855, § 1(m), 2-23-21; Ord. No. 4381, § 1(A), 6-8-21)