§ 152.116 NOTICE.
   (A)   Rezoning, variance, or watershed waiver. Whenever there is a request for a zoning map amendment, conditional use permit, variance or watershed waiver involving a parcel of land, the owner of that parcel as shown on the county tax listing, and the owners of all parcels of land adjoining and contiguous to that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed request.
      (1)   Notice shall be by first-class mail to the last address listed for the owners on the county tax abstracts. This must be deposited in the mail at least 10 but not more than 25 days prior to the date of the public hearing.
      (2)   The person or persons mailing the notice shall certify to the Board of County Commissioners that proper notice has been given, and this certification shall be deemed conclusive in the absence of fraud.
      (3)   (a)   1.   The first-class notice required under division (A)(1) above shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the county elects to use the expanded published notice provided for in this subsection.
            2.   In this instance, the county may either elect to make the mailed notice provided for in division (A)(1) above, or may as an alternative elect to publish once a week for 4 successive calendar weeks in a newspaper having general circulation in the area affected by the proposed zoning map amendment and explains the nature of the change. The final 2 advertisements shall comply with and be deemed to satisfy the provisions of G.S. § 153A-323. The advertisement shall not be less than 1/2 of a newspaper page in size.
            3.   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 by first-class mail pursuant to this section. The person(s) mailing the notice shall certify to the Board of Commissioners that fact, and the certificates shall be deemed conclusive in the absence of fraud.
         (b)   In addition to the published notice, a county shall post 1 or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give the public notice of the proposed rezoning.
      (4)   The provisions of this section shall not be applicable to any zoning map adoption that initially zones property added to the territorial coverage of the chapter.
      (5)   Notice of the proposed action shall also be published in a newspaper of general circulation in accordance with North Carolina General Statutes.
      (6)   Each site shall be posted in a conspicuous location(s) with the time, date and notice of
public hearing. Posting shall not be required in the case of comprehensive zoning.
   (B)   Text amendment and appeal. Whenever there is a request for an action involving a text amendment to this chapter or an appeal of an interpretation of this chapter; the notice of the proposed action shall be published in a newspaper of general circulation in accordance with North Carolina State Statutes.
   (C)   Board approval of subdivision or site development plan. Whenever there is a request for an action involving a Board approval under this chapter, the meeting of the designated Board shall have an agenda duly posted in accordance with G.S. §§ 143-318.9 et seq., the North Carolina Open Meetings Statutes.
(Ord. 3 § 7.1.2, passed 9-14-1998)