Sec. 3-1.7. Public notice requirements.

   For public notice, meeting and hearing requirements applicable to each procedure, see Sec. 3-1.6 above.

Any defective notification of a required City procedure, not otherwise required by State or Federal law, does not invalidate the proceedings if the defect is determined to be clerical error by the City.

   A.   Mailed Notice.

      1.   Mailed notice shall be provided to all property owners as listed in the McDowell County tax records that own property at the time of submittal. Additionally, all property owners in the area of request shall receive mailed notice.

      2.   Mailed notices shall be sent to the addressees at least 10 calendar days prior and not more than 25 calendar days prior to the date of any public meeting.

      3.   Except as otherwise directed by the City Council, the City Board reviewing the matter shall not require additional notification.

      4.   For zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners, the City may elect to forego mailed notice and instead give notice of the public hearing by publication provided that the newspaper advertisement is not less than ½ of a newspaper page in size. Property owners who reside outside of the newspaper circulation area, according to the addresses listed in the most recent property tax listing for the affected properties, shall be notified by first class mail.

      5.   Except for a City-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the owner of the parcel of land to which the amendment would apply, the applicant shall certify to the City Council 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 applicant shall certify to the City Council that proper notice has been provided in fact and such certification shall be deemed conclusive in the absence of fraud. Actual notice shall be achieved as follows:

         a.   Actual notice of the proposed amendment and a copy of the notice of public hearing shall be by any manner permitted under N.C. Gen. Stat. § 1A-1, Rule 4(j).

         b.   If notice with due diligence cannot be achieved by personal delivery, registered or certified mail or by a designated delivery service, notice may be given by publication consistent with N.C. Gen. Stat. § 1A- 1, Rule 4(j1). (See N.C. Gen. Stat. § 160D-602).

      6.   For quasi-judicial hearings, mailed notice shall be provided to all other persons with an ownership interest in the subject property as set forth in all applicable State and local laws.

   B.   Published Notice.

      1.   When published notice is required, notice of the public hearing shall be published by the City at least once in a newspaper having general circulation in the City not more than 25 or less than 10 calendar days prior to the date of the public hearing.

      2.   In the case of any ordinance adopting, amending or repealing any provision of the UDO, including a zoning map amendment, notice of a public hearing shall be published once a week in a newspaper having general circulation within the City for 2 successive calendar weeks.

      3.   In determining the time period, the day of publication is not to be included but the day of the hearing shall be included.

   C.   Posted Notice.

      1.   When posted notice of any public meeting is required, signage shall be posted by the City on the property at a point visible from the nearest public street or streets if the property fronts on multiple streets.

      2.   In the case of multiple parcels, a posting on each individual parcel is not required, but sufficient signage shall be posted to provide reasonable notice to interested persons.

      3.   The sign shall not measure less than 18 inches x 24 inches. Signage shall be posted at least 10 calendar days prior to the date of the public meeting.

      4.   Posted notice shall not be required for Planning Board meetings for zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners if the City elects to give notice of the public hearing by publication provided that the newspaper advertisement is not less than ½ of a newspaper page in size.

   D.   Content of Notice.

      1.   Published and Mailed Notice. The content of required published and mailed notice shall be as follows:

         a.   The parcel identification number of the subject property (if available). Zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners are exempted from this specific content requirement.

         b.   The general location or address of the land that is the subject of the application, which may include a location map;

         c.   A description of the action requested and nature of the questions involved;

         d.   The time, date and location of the public hearing and public meeting if applicable and the name of the reviewing body;

         e.   A phone number and e-mail address to contact the City; and

         f.   A statement that more specific information is available at the City.

      2.   Posted Notice. Required posted notice of a public meeting or public hearing shall provide at least the following:

         a.   The general location, parcel identification number, or address of the land that is the subject of the application;

         b.   A description of the action requested;

         c.   The time, date and location of the public hearing and public meeting if applicable and the name of the reviewing body; and

         d.   A phone number and e-mail address to contact the City.

   E.   Notice of Decision.

      1.   Except when notice is provided by permit issuance, notice of decision shall provide at least the following:

         a.   The address of the subject property (if available);

         b.   The general location of the land or parcel identification number that was the subject of the application;

         c.   A description of the application;

         d.   The date the application was decided;

         e.   A description of whether the application was approved, approved with conditions or denied; and

         f.   A phone number and e-mail address to contact the City.

      2.   Unless otherwise stated by general law, the UDO or by the rules of procedure adopted by the applicable reviewing body, within 10 business days following the effective date of a decision, a copy of the decision shall be sent by either electronic notification or first class mailing to the applicant and the property owner (if the property owner is not the applicant) and filed with the City, where it shall be made available for public inspection during regular office hours. In the case of permit issuance, receipt of the permit by the applicant, contractor, property owner or their representative shall constitute written notice of the decision.

      3.   In the case of a quasi-judicial decision, notice of the decision shall also be given to the applicant, the property owner (if the property owner is not the applicant) and each person who has filed a written request for notice with the presiding officer or secretary of the reviewing body (if any) at the time of the hearing of the case, with such notice to be delivered to the requesting party by either personal service or by registered mail or certified mail, return receipt requested.

   F.   Summary of Specific Public Notice Requirements.

      1.   Legislative Hearings. Notice is required for City Council hearings as shown in the following table:

Table 3-1.7(a) Legislative Notice Requirements
Procedure	Published	Mailed	Posted
Comprehensive Plan Amendment	X(1)	X(2)
Zoning Map Amendment	X	X	X
Chapter Text Amendment	X
Local Historic District or Landmark Designation	X	X
Street, Alley and Walkway Closing	X	X
Development Agreements	X
Vested Right	X	X	X
Note: (1) Published notice required when in association with a Zoning Map Amendment. (2) Mailed notice required only for Future Land Use Map.

 

      2.   Quasi-Judicial Notice Requirements. Notice is required for quasi-judicial hearings as shown in the following table:

 

Table 3-1.7(b) Quasi-Judicial Notice Requirements
Procedure	Published	Mailed	Posted
Special Use Permit	X	X	X
Variance	X	X	X
Certificate of Appropriateness		X	X
Site Specific Development Plan		X
Administrative Appeal	X	X	X

 

(Ord. No. O-21-06-15-5, §1, 6-15-21)