(A) An ordinance that amends any of the provisions of the UDO may not be adopted until a legislative hearing has been held on the ordinance.
(B) The Zoning Administrator shall publish a notice of the legislative hearing on any ordinance that amends the provisions of the UDO once a week for two successive weeks in a newspaper having general circulation in the city. The notice shall be published for the first time not less than ten days or more than 25 days before the date fixed for the public hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.
(C) With respect to map amendments, the Zoning Administrator shall provide first class mail notice of the legislative hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties abutting the property rezoned by the amendment. For purposes of this section, properties are "abutting" even if separated by a street, railroad or other transportation corridor. The first class mail notice shall be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. The Zoning Administrator shall also post notices of the hearing on the property proposed to be rezoned in accordance with division (F) below and take any other action deemed by the Zoning Administrator to be useful or appropriate to give notice of the public hearing.
(D) The notice required in division (C) above shall not be required if the zoning map amendment qualifies as a "large-scale rezoning". In this instance, the city may elect, in lieu of the mail notice specified in division (C) above, to publish a notice of the hearing once a week for two consecutive weeks, published for the first time not less than ten days nor more than 25 days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the public hearing shall be. Each of the advertisements shall not be less than one half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which 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 of division (C) above. The person or persons mailing the notices to abutting property owners, as defined in G.S. § 160D-602, shall certify to the Board of Commissioners that fact, and the certificate shall be deemed conclusive in the absence of fraud.
(E) The notice required or authorized by this section shall:
(1) State the date, time and place of the public hearing;
(2) Summarize the nature and character of the proposed change;
(3) If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;
(4) State that the full text of the amendment and maps of the area proposed to be rezoned can be obtained from the Zoning Administrator; and
(5) State that substantial changes in the proposed amendment may be made following the public hearing.
(F) When a zoning map amendment is proposed, the city shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the city shall post sufficient notices to provide reasonable notice to interested persons.
(G) Where an application for a zoning map amendment is not made by the owner of the parcel of land to which the amendment would apply (except for city-initiated rezoning), the applicant must certify to the Board of Commissioners that the owner of the parcel of land as shown on the county tax listing has received actual notice of the proposed amendment and a copy of the notice of public hearing. The person or persons required to provide notice shall certify to the Board of Commissioners that proper notice has been provided in fact and the certificate shall be deemed conclusive in the absence of fraud. Actual notice of the proposed amendment and a copy of the notice of public hearing required shall be by any manner permitted under this section.
(1) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the amendment is initiated by the City.
(H) For any property located within five miles of MCAS Cherry Point, written notice of the proposed changes shall be given to the base commander not less than ten (10) days nor more than 25 days in advance of any public hearing. Notice shall be provided by certified mail, return receipt requested. If the base commander provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the Board of Commissioners shall take the comments and analysis into consideration before making a final determination.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)