3.1.6 Notice Requirements

      (A)   Content of Notices

         All notices required under this Ordinance shall comply with notice requirements set forth in the North Carolina General Statutes. Generally, all published and written notices of legislative public hearings or quasi-judicial evidentiary hearings should, unless otherwise specified in this Ordinance: (1) identify the date, time, and place of the hearing, (2) if applicable, describe the property involved in the application by street address or by Property Identification Number (PIN) and nearest cross street; (3) describe the nature of the proposed action and in the case of zoning map amendments, that the proposed change may be made to the entire area described or any part or parts of each area to the classification designated or to any more restrictive classification; (4) indicate in the case of legislative public hearings that interested parties may appear at the hearing and speak on the matter, and in the case of quasi-judicial evidentiary hearings, that witnesses under oath may present competent, material, and substantial evidence that is not repetitive; and (5) indicate where additional information on the matter may be obtained.

      (B)   Published Notice

         When the provisions of this Ordinance or law require that notice be published, the Planning Director shall cause a notice to be published on the Town's website pursuant to the procedures of Section 2-2 of the Town of Cary Code of Ordinances. The notice shall be published once a week for two (2) successive calendar weeks, and shall be published for the first time at least ten (10) days and not more than twenty-five (25) days before the scheduled hearing date. In computing such period, the day of publication shall not be counted, but the day of the hearing shall be counted.

      (C)   Written (Mailed) Notice

         (1)   Application or Procedure for Not Requiring a Quasi-Judicial Hearing

            When the provisions of this Ordinance or law require that written or mailed notice be provided for any application or procedure that does not require a quasi-judicial hearing, the Planning Director shall cause to be prepared a list of all owners of the subject property, all abutting properties, and all properties located within one hundred (100) feet of the subject property and their current addresses, compiled from the current tax abstracts of the applicable county. The Director shall deliver a notice of the hearing to those property owners by first class mail, with such notices being deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the scheduled date of the hearing. In computing such period, the day of mailing shall not be counted, but the day of the hearing shall be counted. The Town staff person who mails such notices shall keep a record of the notices mailed, and the date of mailing.

         (2)   Application or Procedure Requiring a Quasi-Judicial Evidentiary Hearing

            When the provisions of this Ordinance or law require that written or mailed notice be provided for any application or procedure that requires a quasi-judicial evidentiary hearing, notice of such hearing shall be mailed to the person or entity whose appeal, 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 to the owners of all parcels or land abutting the parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the Town may rely on the county tax listing to determine owners of property entitled to mailed notice. The Director shall deliver a notice of the hearing to those property owners by first class mail, with such notices being deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the scheduled date of the hearing. In computing such period, the day of mailing shall not be counted, but the day of the hearing shall be counted. The Town staff person who mails such notices shall keep a record of the notices mailed, and the date of mailing.

            For the purpose of this Section 3.1.6(C), properties are "abutting" even if separated by a street, railroad, or other transportation corridor.

      (D)   Posted Notice

         When the provisions of this Ordinance or law require that notice be posted, the Planning Director shall cause a notice to be posted on the property. Such notice should be posted at least ten (10) but not more than twenty-five (25) days prior to the scheduled date of the hearing. In computing such period, the day of posting shall not be counted, but the day of the hearing shall be counted. If no part of the subject property is visible from the public right-of-way, the notice shall be posted along the nearest street in the public right-of-way. Posted notices shall provide a phone number for interested parties to utilize in order to obtain information regarding the proposed application. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but sufficient notices shall be posted to provide reasonable notice to interested persons.

      (E)   Constructive Notice

         All notices not required by the North Carolina General Statutes are for the convenience of the public and any defective notice shall not invalidate the proceeding.

      (F)   Type of Notice

         The following table summarizes the type of hearing and notice requirements for all procedures in this chapter:

For a printer-friendly, PDF version: Table 3.1-1

TABLE 3.1-1: HEARING TYPE AND NOTICE REQUIREMENTS
Type of Application or Procedure	LDO Section	Hearing Type	Notice Required
			Published See 3.1.6(B)	Mailed See 3.1.6(C)	Posted 3.1.6(D)
Owner-Initiated Annexation Petition	3.1.10	L	Yes	N/A	N/A
Cosmetic Amendments to the Comprehensive Plan	3.2	N/A	N/A	N/A	N/A
Initial Adoption of or Substantive Text or Map Amendments to the Comprehensive Plan	3.2	L	Yes	N/A	N/A
Amendments to the text of the LDO	3.3	L	Yes	N/A	N/A
Zoning Map Amendments	3.4	L	Yes	Yes	Yes
Repair of Zoning Map Errors	3.4	L*	Yes	N/A	N/A
Accessory Use Permit	3.5	N/A	N/A	N/A	N/A
Permitted Uses	3.6	N/A	N/A	N/A	N/A
Temporary Uses	3.7	N/A	N/A	N/A	N/A
Special Uses	3.8	E	No	Yes	Yes
Development Plans Reviewed by Planning Director	3.9.2(G)	N/A	N/A	N/A	N/A
Development Plans Reviewed by Town Council or Zoning Board of Adjustment	3.9.2(H)	E	No	Yes	Yes
Development in Flood Hazard Area	3.12	N/A	N/A	N/A	N/A
Grading Permits	3.13	N/A	N/A	N/A	N/A
Building Permits	3.14	N/A	N/A	N/A	N/A
Certificates of Occupancy	3.15	N/A	N/A	N/A	N/A
Sign Permits	3.16	N/A	N/A	N/A	N/A
Vested Rights Certificate	3.17	L	Yes	Yes	Yes
Minor Modifications Reviewed by Planning Director	3.19	N/A	N/A	N/A	N/A
Minor Modifications Reviewed by Zoning Board of Adjustment	3.19	E	No	Yes	Yes
Variances	3.20	E	No	Yes	Yes
Appeals of Administrative Decisions	3.21	E	No	Yes	Yes
Tree Clearing Certificate	3.22	N/A	N/A	N/A	N/A
Adequate Public Facilities for Roads	3.23		N/A	N/A	N/A
Reimbursement Agreements	3.24.1	N/A	N/A	N/A	N/A
Development Agreements	3.24.2	L	Yes	Yes	Yes
Reasonable Accommodation	3.25	E	No	Yes	Yes
Zoning Compliance Permit	3.26	N/A	N/A	N/A	N/A
Designation of Historic District	3.27	L	Yes	Yes	No
Designation of Historic Landmark	3.27	L	Yes	Yes	Yes
Certificate of Appropriateness - Minor Works	3.27	N/A	N/A	N/A	N/A
Certificate of Appropriateness - Major Works	3.27	E	Yes	Yes	Yes
Certificate of Appropriateness - Demolition of Historic Structures	3.27	E	Yes	Yes	Yes
Hearing Types    A = Administrative    L = Legislative    L* = Legislative, if hearing required by Town Council (see applicable LDO section)    E = Evidentiary

 

      (G)   [Reserved]

      (H)   Expanded Published Notice Authorized

         If a zoning map amendment proposes to change the zoning designation of more than fifty (50) properties, owned by at least fifty (50) different property owners, expanded published notice may be given in lieu of written (mailed) notice as provided in G.S. 160D-602(b).