A. Published. The shall place an advertisement on the Town’s official webpage once a week for two successive weeks. The first notice shall be published no less than ten (10) days and no more than 25 days prior to the hearing. The contents of the published notice shall include:
1. The general location (including a map for mailed notices).
2. The parcel number and/or
address.
3. A description of the action requested.
4. Current and proposed zoning districts (rezonings only).
5. The time and location of the anticipated public hearing.
6. Phone number and email of the appropriate applicant’s contact.
7. Phone number and email of the appropriate Town contact.
8. A statement that interested parties may appear at the hearing.
9. A statement that substantial changes to the proposed action may occur following the hearing.
B. Posted. The shall post a notice of application at a visible location on subject property no less than fourteen (14) days prior to the hearing. The contents of the posted notice shall include the Town’s general contact information and that a land decision is under consideration.
Commentary (1/1/2021): Note that NC GS §160D-602 requires posting a site 10-25 days before the hearing.
C. Mailed. The owner of the affected parcels and the owners of parcels within 300 feet shall be notified of the hearing by first class mail. For zoning map amendments, properties shall be considered abutting even if separated by a , railroad, or other transportation corridor or right-of-way. Mailed notices shall contain the same content as published notices outlined subsection A.
Commentary (1/1/2021): When a mailed notice involves properties within a HOA, it is best practice to send a letter directly to the HOA also.
1. Pursuant to G.S. § 160D-602(b), if a mailed notice for a zoning map amendment hearing includes at least fifty individual owners of at least fifty individual properties, the Town may instead elect to publish notice of the hearing as specified in Section 3.4.5. In this case, each advertisement shall be at ½ of a newspaper page in size. Property owners outside of the newspaper’s circulation area shall still be notified of the hearing via first class mail.
2. If a notice contains errors regarding the time, date, or location of the hearing or the location of the subject property, the notice shall be rendered inadequate. However, if a bona fide attempt resulted in any other minor or clerical defect in the notice, the notice shall remain valid. If questions of validity arise, the decision-making body shall make a formal finding of substantial compliance or lack thereof. If the decision-making body finds there is substantial compliance, it may then begin the proceedings for the case.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21)