Notice procedures for administrative decisions, legislative hearings, and evidentiary hearings are as follows:
(a) Administrative Development Approval and Determinations, Revocation of Administrative Development Approvals, and Notices of Violations of Administrative Development Approvals (160D-403)
1. Mailed Notice: The Planning Director or designee shall give written notice to the landowner of the subject property of a determination of development approval and to the party who sought the determination if different from the owner. The written notice shall be delivered by personal delivery, electronic mail or by first-class mail. The notice shall be provided to the last address listed for the owner on the Dare County tax records and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner. For the purposes of this notice, delivery by first-class mail shall be deemed received on the third business day following deposit of the notice in the mail with the United States Postal Service and delivery by electronic mail shall be deemed received on the date sent.
2. Posted Notice: Notice of violations may also be posted on the property at the discretion of the Dare County Planning Director.
(b) Evidentiary Hearings (Quasi-judicial) for Appeals, Variances, and Special Use Permits (160D-406)
1. Mailed Notice: Notice of an evidentiary hearing shall be mailed to the person or entity whose appeal, variance or special use permit 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; to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing; and to any other persons entitled to receive notice as provided in the applicable development regulation. In the absence of evidence to the contrary, Dare County may rely on the Dare County tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. The Board may continue an evidentiary hearing that has been convened without further advertisement, if an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.
2. Posted Notice: Dare County shall prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. This notice shall be posted according to the same time period applied to mailed notices.
3. Electronic Postings: Dare County shall post notice of any evidentiary hearing on the Dare County webpage according to the same time period applied to mailed notices.
(c) Legislative Hearings for Zoning Map Amendments (160D-601)
1. Mailed Notice: The owner of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed notice of the hearing on the proposed zoning map amendment by first-class mail to the last address listed for such owners on the Dare County tax records. For the purpose of this section, properties are abutting even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least 10 days but not more than 25 days prior to the date of the hearing.
(d) Large-scale Zoning Map Amendments: For large-scale zoning map amendments, as an alternative to the mailed notice requirements listed above, Dare County may elect to publish notice of the hearing provided each advertisement shall not be less than 1/2 of a newspaper page in size. Large-scale amendments are those that propose to change the zoning designation of more than 50 properties owned by at least 50 different property owners. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions for mailed notice.
2. Posted Notice: When a zoning map amendment is proposed, Dare County shall prominently post notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. This notice shall be posted according to the same time period applied to mailed notices. When multiple parcels are included in a zoning map amendment, a posting on each individual parcel is not required but Dare County shall post sufficient notices to provide reasonable notice to interested persons.
3. Published Notice: For any legislative hearing on a zoning map or text amendment, notice shall be given once a week for 2 successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than 10 days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not be included but the day of the hearing shall be included.
4. Except for Dare County-initiated zoning map amendments, when an application is filed to request a zoning map amendment by a person that is not the landowner or an authorized agent, the applicant shall certify to Dare County that the landowner as shown on the Dare County tax records has received actual notice of the proposed amendment and a copy of the hearing notice. Actual notice shall be provided in any manner permitted under G.S. 1A-1, Rule 4(j). If notice cannot with due diligence be achieved by personal delivery, certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. 7502(f)(2), notice may be given by publication consistent with G.S. 1A-1 Rule 4(j). The person or persons required to provide notice shall certify to Dare County that actual notice has been provided, and such certificate shall be deemed conclusive in the absence of fraud.
5. For zoning text amendments which propose to add a permitted or special use to a specific zoning district or multiple zoning districts or text amendments which propose to apply to all properties in unincorporated Dare County, mailed notification and posting of properties is not required by North Carolina law. However, Dare County shall publish notice of the legislative hearing and post an electronic notice on the Dare County webpage. Other notice procedures may be implemented based on the specifics of the request and the number of properties involved in the amendment.
6. Electronic Postings: Dare County shall post notice of any legislative hearing on the Dare County webpage according to the same time period applied to published notices.
7. Planning Board Meetings: In advance of a Planning Board meeting at which a zoning map amendment request will be reviewed, notice of the amendment request shall be provided by the posting of a notice on the subject property and shall be provided to any abutting property owners. For zoning text amendments, notice shall be published on the Dare County Planning Department webpage. Such notice shall indicate the nature of the request, the applicant, time and date of the Planning Board meeting, and that comments on the amendment may be made to the Planning Board during the citizen comment period offered at the beginning of the Planning Board meeting. The notice procedures for Planning Board review of an amendment shall be made no less than 10 calendar days in advance of the scheduled Planning Board meeting.
8. Minor errors in any notice shall not invalidate the notice or any associated hearing if a bona fide attempt has been made to comply with the applicable notice requirements. Minor errors may include but are not limited to errors in legal description or typographical or grammatical errors. Failure of a party to receive written notice shall not invalidate subsequent action. If inquiries on the compliance of notice procedures are made, the applicable board conducting the hearing shall request the Planning Director to make a finding on the consistency of the notice requirements and such finding shall be made available as part of the final action on the request.
(Ord. passed 6-21-2021)