(A) Contents of notice. All public notices required under this chapter shall comply with G.S. § 160A-364. Additionally, all notices, except for posted notices shall:
(1) Identify the date, time and location of the meeting or public hearing;
(2) Identify the property involved by the street address (if available) or by the legal description and/or parcel identification number (PIN);
(3) Describe the nature and scope of the proposed action;
(4) Indicate that interested parties may appear at public hearings and speak on the matter; and
(5) Include the telephone number and address at which further information may be obtained prior to the meeting or public hearing.
(B) Published notice. When the provisions of this chapter require that notice of a development application be published pursuant to G.S. § 160A-364, the Ordinance Administrator shall publish a notice of the meeting or public hearing once a week for two successive weeks in a newspaper having general circulation in the town. The first notice shall be published not less than ten days, nor more than 25 days, prior to the date fixed for the hearing or meeting. In computing such period, the day of publication is not included, but the day of the hearing or meeting shall be included.
(C) Mailed notice.
(1) When the provisions of this chapter require that mailed notice be provided pursuant to G.S. § 160A-384, the Ordinance Administrator shall prepare a notice of the public hearing or meeting and deliver the notice via first class mail to the following persons:
(a) The applicant;
(b) Listed owners of adjacent lands; and
(c) Any person that has registered with the Town Clerk to receive notice of meetings of town boards.
(2) Mailed notices shall be deposited in the mail no fewer than ten days and no more than 25 days prior to the date of the public hearing or meeting.
(3) The Ordinance Administrator shall prepare an affidavit with affirmation that the required mailed notice procedures have been followed. The affidavit shall be conclusive evidence that the terms of this division (C) have been met as set forth in G.S. § 160A-384(a).
(4) Mailed notices shall not be required when an application to amend the official zoning map includes more than 50 different lots or tracts, owned by at least 50 different landowners; provided that, the town publishes a notice (occupying at least one-half of a newspaper page) in a newspaper of general circulation once a week for two consecutive weeks beginning at least ten, but not more than 25, days prior to the public hearing date. Affected landowners residing outside of the town’s jurisdiction or the newspaper’s circulation area shall be notified via first class mail in accordance with the procedures set forth in subsections (A) and (B) above.
(D) Posted notice.
(1) When the provisions of this chapter require that notice be posted pursuant to G.S. § 160A-384(c), the Ordinance Administrator shall post the notice on the subject property(ies) at least ten days prior to the first public hearing or meeting. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons. In computing such period, the day of the posting shall not be counted, but the day of the hearing shall be counted. Posted notices shall remain in place until such time that the approving authority has rendered its final decision on the matter.
(2) If no part of the subject property is visible from a public right-of-way, the notice shall be posted along the nearest street in the public right-of- way in such a manner as to ensure consistency with the intent of this division (D).
(3) In addition to the notice posted on the subject property(ies), notice shall also be posted conspicuously within Town Hall at least ten days prior to the initial hearing or meeting on the matter.
(4) (a) The Ordinance Administrator shall prepare an affidavit with affirmation that the required posted notice procedures have been followed.
(b) The affidavit shall be conclusive evidence that the terms of this division (D) have been met.
(E) Constructive notice.
(1) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with the applicable notice requirements. Minor defects in notices may include, but are not limited to:
(a) Errors in legal descriptions; or
(b) Typographical or grammatical errors that do not impede the communication of the notice to affected parties.
(2) Failure of an affected party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a public hearing or meeting and the location of the subject property(ies) shall be strictly adhered to.
(3) If question arises at the hearing or meeting regarding the adequacy of the notice, the reviewing or decision-making body shall direct the Ordinance Administrator to make a formal finding as to whether there was substantial compliance with the notice requirements of this chapter, and such findings shall be made available to the reviewing or decision- making body prior to further action being taken on the request.
(F) Summary of notice requirements. The following table summarizes the notice requirements for certain development applications.
Notice Requirements | |||
Process | Published Notice | Mailed Notice | Posted Notice |
Notice Requirements | |||
Process | Published Notice | Mailed Notice | Posted Notice |
Administrative appeal | x | x | |
Establishment of vested rights | x | x | x |
Special use permit | x | x | x |
UDO text amendment | x | ||
Variance | x | x | x |
Zoning map amendment | x | x | x |
(Ord. passed 3-5-2018)