(A) Administrative.
(1) Planning Director or designee shall give written notice to the landowner and applicant (if different than owner) of the determination of the development application. The written notice shall be delivered by personal delivery, electronic mail or first-class mail. If delivered by first class mail, the determination shall be deemed received ten days from date of deposit with the United States Postal Service. Electronic notification shall be deemed received on date sent.
(B) Legislative.
(1) Shall be reviewed by the Planning Board and Board of Commissioners.
(2) Zoning map amendments.
(a) Zoning map amendment hearing notification shall be mailed via first class mail to the owners of the affected property and all parcels of land abutting that parcel of land at least ten days but not more than 25 days prior to the hearing.
(b) The town shall prominently post the notice of a zoning map amendment hearing on the site proposed for amendment or an adjacent public street or highway. The notice shall be posted in the same time period as the mailed notices.
(c) The town shall publish the notice of a zoning map amendment hearing once a week for two consecutive weeks not less than ten days or more than 25 days before the scheduled hearing date.
(d) The town shall post notice of a zoning map amendment hearing on the Kill Devil Hills webpage not less than ten days or more than 25 days before the scheduled hearing date.
(e) Large scale zoning map amendments of 50 lots or greater, shall follow notification procedures as outlined in G.S. § 160D-602(b) (as amended).
(3) Zoning text amendments.
(a) The town shall publish the notice of a legislative hearing once a week for two consecutive weeks not less than ten days or more than 25 days before the scheduled hearing date.
(b) The town shall post notice of a legislative hearing on the Kill Devil Hills webpage not less than ten days or more than 25 days before the scheduled hearing date.
(c) Mailed notification are not required by North Carolina Law.
(d) Other notice procedures may be implemented based on the specifics of the request and the number of properties involved in the amendment.
(C) Quasi-judicial (evidentiary) hearing.
(1) Special use permits shall be heard by the Board of Commissioners. The Planning Board shall provide a preliminary forum for review of special use permits.
(2) Variances and appeals of administrative decisions shall be heard by the Zoning Board of Adjustment.
(3) Certificates of Appropriateness shall be heard by the Historic Landmark Comission.
(4) Notification of evidentiary hearing as listed above.
(a) Hearing notification shall be mailed via first class mail to the owners of the affected property and all parcels of land abutting that parcel of land at least ten days but not more than 25 days prior to the hearing. The Board may continue a hearing that has been convened without further notification. 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.
(b) The town shall prominently post the notice of hearing on the site proposed for amendment on an adjacent public street or highway right-of-way. The notice shall be posted in the same time period as the mailed notices.
(c) The town shall publish the notice of a legislative hearing once a week for two consecutive weeks not less than ten days or more than 25 days before the scheduled hearing date.
(d) The town shall post notice of a legislative hearing on the Kill Devil Hills webpage not less than ten days or more than 25 days before the scheduled hearing date.
(Ord. 18-4, passed 6-14-21)