(A)
The Board of Adjustment must hold a quasi-judicial hearing before taking action on a zoning variance application.
(B) At least 10 working but not more than 25 days before a hearing on a variance, the Planning and Development Director or his/her designee must post notice of the hearing on the affected property and send written notice of the hearing to the applicant, the owner of the affected property, and the owners of all real property adjoining the affected property (as shown on county tax listings current when the application is filed).
(C) If a requested variance would result in the relaxation of any of the North Carolina Department of Natural Resources - Division of Water Quality minimum watershed management requirements (or the Vance County Watershed Protection Ordinance, Chapter 154 of this Code), the Planning and Development Director or his/her designee must, at the same time, send written notice of the hearing to all other local governments having jurisdiction within the same water supply watershed.
(D) On determining that the application would impact non-adjoining properties in the neighborhood of the affected site, the Planning and Development Director or his/her designee may also send written notices to the owners of those properties, and may require the applicant to submit the additional materials necessary to provide such notices.
(E) Notices to the applicant and the owner of the affected site must be sent via mail. All other mailed notices must be sent via first-class mail to those interested parties as applicable.
(F) If the Planning and Development Director or his/her designee determines that an application for a variance would have significant impacts on properties beyond the neighborhood of the affected site, the Planning and Development Director or his/her designee must cause notice of the hearing to be published in a newspaper of general circulation in the county or the area of the affected site. The notice must be published in each of 2 successive calendar weeks, with the first notice being published between 10 and 25 days before the hearing date.
(G) The Planning and Development Director or his/her designee must make every reasonable effort to comply with these notice requirements. However, where the Planning and Development Director or his/her designee has made a reasonable and good-faith attempt to comply with the requirements for notice to owners of adjoining properties, no failure to comply with those requirements must render any decision on the application invalid.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)