A. Public Meeting Distinguished. Public meetings conducted in accordance with this Ordinance are not public hearings, and do not require the provision of public notification in accordance with this section.
B. Public Hearing Scheduling. When a development application is subject to a public hearing, the Planning Director shall ensure that the public hearing is scheduled for a regular meeting or a meeting specially called for that purpose by the review authority.
C. Public Notification Requirements.
1. All development applications subject to public notification shall comply with the appropriate standards in the North Carolina General Statutes. More specifically, Section 160D-601(a) for published notice, Section 160D-602(a) for mailed notice, and Section 160D-602(c) for posted notice.
2. Table 2.3.6.C, Public Notification Requirements, summarizes the provisions related to public notice. In computing the required time periods, the day the notice is published, mailed, or posted shall not be included, but the day of the hearing shall be included.
Application Type | Type of Public Notification "X"=Required | ||
Published Notice [1] | Mailed Notice [2] | Posted Notice [3] | |
Application Type | Type of Public Notification "X"=Required | ||
Published Notice [1] | Mailed Notice [2] | Posted Notice [3] | |
Annexation | X | . | . |
Appeal | X | X [4] | . |
Conditional Rezoning | X | X | X |
Development Agreement | X | X | X |
Planned Development | X | X | X |
Reasonable Accommodation | X | X [4] | . |
Special Use Permit | X | X | X |
UDO Text Amendment | X | . | . |
Variance | X | X | X |
Vested Rights Determination | X | X | . |
Zoning Map Amendment | X | X | X |
NOTES: [1] Published notice shall be provided once a week for two successive calendar weeks, with the first notice published between 10 and 25 days before the public hearing. [2] Mailed notice shall be provided to the applicant, affected landowners, and landowners of abutting land between 10 and 25 days before the public hearing. [3] Posted notice shall be provided between 10 and 25 days before the public hearing. [4] Mailed notice shall only be required in cases where an appeal pertains to a particular lot or site. |
D. Published Notice Requirements.
1. When the provisions of Section 160D-601 of the North Carolina General Statutes require that public notice be published, the designated review authority shall publish a notice in a newspaper that is regularly published at least one time per week and that has general circulation in the Town.
2. The content and form of the notice shall comply with the applicable requirements in the North Carolina General Statutes.
E. Mailed Notice Requirements. When the provisions of Section 160D-602(a) of the North Carolina General Statutes require that public notice be mailed, the designated review authority shall provide the required mailed public notice in accordance with the following:
1. Mailed notice specified in Table 2.3.6.C, Public Notification Requirements, shall be mailed to:
a. The applicant, if different from the landowner; and
b. All landowners entitled to receive notice in accordance with Section 160D-602(a) of the North Carolina General Statutes, as well as Town policy, whose address is known by reference to the latest county tax listing.
2. Notice shall be deemed mailed by its deposit in the United States first class mail, properly addressed, postage paid. The content and form of the notice shall comply with Section 2.3.6.G, Notice Content, and Section 160D-602(a) of the North Carolina General Statutes.
3. A copy of the mailed notice shall be maintained in the offices of the designated review authority for public inspection during normal business hours.
4. Mailed notice shall not be required when a zoning map amendment includes more than 50 lots or tracts owned by at least 50 different landowners, provided the Town publishes a map (occupying at least ½ of a newspaper page) showing the boundaries of the affected area in a newspaper of general circulation once a week for two successive calendar weeks between 10 days and 25 days before the public hearing. Affected landowners residing outside the newspaper circulation area shall be notified via first class mail pursuant to Section 2.3.6.E, Mailed Notice Requirements.
F. Posted Notice Requirements. When the provisions of Section 160D-602(c) of the North Carolina General Statutes require that public notice be posted, the Planning Director shall provide the required posted public notice in accordance with the following:
1. A sign (or signs) shall be placed on the subject property in a conspicuous location so as to be clearly visible to the traveled portion(s) of the respective street(s). Where the land subject to the notice does not have frontage on a public street, the sign shall be erected on the nearest street right-of-way.
2. The content and form of the notice shall comply with Section 2.3.6.G, Notice Content, and Section 160D-602(c) of the North Carolina General Statutes.
G. Notice Content. Unless expressly indicated otherwise by the North Carolina General Statutes, all notices by mail or publication shall:
1. Identify the date, time, and place of the public hearing;
2. Describe the land involved by county parcel identification number (PIN), street address, or by its relationship to a fronting street and the nearest cross street (if applicable);
3. Describe the nature and scope of the proposed development or action; and
4. Identify the means to contact a Town official for further information.
H. Constructive Notice.
1. Minor defects in any notice shall not impair the notice or invalidate proceedings if a bona fide attempt is made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to:
a. Errors such as landowner name, title, or address existing in the county tax listing; or
b. Typographical or grammatical errors that do not impede communication of the notice to affected parties.
2. Failure of a party to receive written notice shall not invalidate subsequent action. A posted notice that becomes no longer visible due to weather, theft, or other unintended circumstances shall not invalidate proceedings if a bona fide attempt is made to comply with applicable posted notice requirements. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing and the location of the subject property shall be strictly adhered to.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)