Skip to code content (skip section selection)
Compare to:
§ 154.199 LEGISLATIVE HEARING.
   Before enacting any amendment to this chapter, to the Official Zoning Map, to the comprehensive plan, or to the future land use vision map, the Mills River   hold a . Public notification of the hearing comply with the provisions of G.S. 160D-601, as amended.
   (A)   Newspaper notice. In accordance with G.S. 160D-601, a notice of the   be published in a newspaper of general circulation in the Town of Mills River once a week for 2 successive calendar weeks, the first publication of which not appear less than 10 days nor more than 25 days prior to the date fixed for the hearing. In computing the public notice period, the day of publication is not to be included but the day of the hearing be included. The notice include the time, place and date of the hearing and include a description of the or the nature of the change or amendment to the ordinance and/or Official Zoning Map.
   (B)   Mailed notice. In accordance with G.S. 160D-602, whenever there is a proposed amendment to the Official Zoning Map or the future land use vision map, the of that parcel of land as shown on the Henderson County tax listing and the of all parcels of land abutting that parcel of land as well as all properties separated from the subject by , reserved right-of-way, railroad, or other transportation corridor as shown on the Henderson County tax listing be mailed by first class mail a notice of a on the proposed amendment by first class mail at the last addresses listed for the on the Henderson County tax abstracts. This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the . The person(s) mailing the notices certify to the that fact, and the certificate be deemed conclusive in the absence of fraud. However, with specific approval of the Mills River at the time the sets a on a particular application, the   elect to use the expanded notice procedure, per G.S. 160D-602(b), which follows in lieu of or in addition to the first class mailed notice required by this division if:
      (1)   The proposed amendment would initially zone added to the territorial coverage of the Official Zoning Map; or
   (2)   The proposed amendment directly affects more than 50 properties owned by a total of at least 50 different   .
   (C)   Expanded published notice procedure. If the elects to utilize the expanded notice procedure, the town publish once a week for 4 successive calendar weeks in a newspaper having general circulation in the area an advertisement of the that shows the boundaries of the area affected by the proposed Zoning Map amendment and explains the nature of the proposed change. The final 2 advertisements comply with and be deemed to satisfy the provisions of G.S. 160D-602. The advertisement not be less than ½ of a newspaper page in size. The advertisement only be effective for   who reside in the area of general circulation of the newspaper which publishes the notice.   who reside outside of the newspaper circulation area, according to the address listed on the most recent tax listing for the affected , be notified by first class mail pursuant to this section. The person(s) mailing the notices certify to the that fact, and the certificates be deemed conclusive in the absence of fraud. In addition to the published notice, the Town of Mills River post 1 or more prominent on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed re-zoning.
   (D)   Posted notice. For any proposed amendment to the Official Zoning Map or to the future land use vision map, the Town of Mills River post a in a prominent location on or near the subject which indicates that a zoning map change or future land use map change has been proposed for the subject . In the event that more than 1 parcel is involved in a particular amendment, at least 1   be posted in a central location; however, the Town of Mills River post multiple . The (s) be posted during the period between 25 days prior and 10 days prior to the date.
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2021-18, passed 11-18-2021; Am. Ord. 2023-04, passed 9-14-2023)