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2.3.6.   Public Notice
   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.
TABLE 2.3.6.C: PUBLIC NOTIFICATION REQUIREMENTS
Application Type
Type of Public Notification "X"=Required
Published Notice [1]
Mailed Notice [2]
Posted Notice [3]
TABLE 2.3.6.C: PUBLIC NOTIFICATION REQUIREMENTS
Application Type
Type of Public Notification "X"=Required
Published Notice [1]
Mailed Notice [2]
Posted Notice [3]
Annexation
X
X
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 within 750 feet of the outer boundaries of the subject parcel or parcels 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; Ord. 2023-09, passed 11-7-2022)
2.3.7.   Public Hearings and Meetings
   A.   Joint Public Hearings. Table 2.2, Application Review Procedures, identifies the kinds of development applications subject to a joint legislative public hearing by the Board of Commissioners and the Planning Board, which shall be conducted in accordance with the following requirements:
      1.   Procedure.
         a.   Joint legislative public hearings shall not be conducted until after provision of required public notification in accordance with Section 2.3.6, Public Notice.
         b.   The joint legislative public hearing shall be open to the public and shall be conducted in accordance with the Board of Commissioner's adopted rules of procedure for public hearings.
         c.   Attendees shall be afforded the opportunity to comment during a joint public hearing, as authorized in the adopted rules of procedure.
      2.   Record.
         a.   A recording may be made of all joint public hearings and the recordings shall be maintained in accordance with Town policy.
         b.   Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.
   B.   Legislative Public Hearings. Table 2.2, Application Review Procedures, identifies the kinds of development applications decided following completion of a legislative public hearing, which shall be conducted in accordance with the following requirements:
      1.   Procedure.
         a.   Legislative public hearings shall not be conducted until after provision of required public notification in accordance with Section 2.3.6, Public Notice.
         b.   The legislative public hearing shall be open to the public and shall be conducted in accordance with the review authority's adopted rules of procedure for public hearings.
         c.   Attendees shall be afforded the opportunity to comment during a public hearing, as authorized in the adopted rules of procedure.
      2.   Voting.
         a.   The Board of Commissioners shall consider the application, relevant support materials, staff report, any recommendations, and public comments. After the conclusion of the public hearing, it shall make one of the decisions authorized for the particular type of application based on the review standards applicable to the application type, as set forth in Section 2.2, Application Review Procedures.
         b.   A Board of Commissioners member shall not vote on an application where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member in accordance with Section 160D-109 of the North Carolina General Statutes.
         c.   A decision of the Board of Commissioners on an application shall be decided by a simple majority of the Board of Commissioners, excluding any members who are recused from voting due to a conflict of interest.
      3.   Application Revision.
         a.   An applicant may revise an application during a public hearing in response to recommendations or suggestions of the Board of Commissioners.
         b.   The Board of Commissioners may approve an application modified during a public hearing provided that all changes are properly identified in the motion of approval by the Board of Commissioners.
         c.   In cases where an application has been modified during a public hearing, the applicant shall submit any necessary site plans, plats, or other construction documents depicting the modification to the appropriate Town staff for consideration and approval prior to issuance of any development permit approvals.
      4.   Remand.
         a.   The Board of Commissioners may delay a decision on the application if additional information is requested of the applicant.
         b.   The Board of Commissioners may remand the application to the Planning Board and/or Town staff for further consideration of new information or specified issues or concerns, if appropriate.
      5.   Record.
         a.   A recording may be made of all public hearings and the recordings shall be maintained in accordance with town policy.
         b.   Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.
   C.   Quasi-Judicial Public Hearings. Table 2.2, Application Review Procedures, identifies the kinds of development applications decided following a quasi-judicial public hearing, which shall be conducted in accordance with G.S. 160D-406, the review authority's rules of procedure, and the following requirements:
      1.   Notice Required. Quasi-judicial public hearings shall not be conducted until after provision of required public notification in accordance with Section 2.3.6, Public Notice.
      2.   Opportunity to Present Testimony and Evidence.
         a.   Parties with standing may participate fully in the evidentiary hearing, including presenting evidence, cross-examining witnesses, objecting to evidence, and making legal arguments;
         b.   Non-parties may present competent material, and substantial evidence that is not repetitive subject to the approval of the chairperson.
      3.   Limitation on Evidence.
         a.   The Chair or other presiding officer may limit or exclude incompetent evidence, immaterial evidence, repetitive evidence, and personal attacks.
         b.   Decisions shall not be based upon hearsay evidence though such evidence may be entered into the record.
      4.   Ex Parte Communication. Ex parte communications between an applicant or an affected party and a member of the decision-making body are prohibited. If it occurs, it shall be disclosed during the quasi-judicial public hearing.
      5.   Voting.
         a.   Generally. The review authority shall consider the application, relevant support materials, staff report, any recommendations, and public comments. After the conclusion of the public hearing, it shall make one of the decisions authorized for the particular type of application based on the review standards applicable to the application type, as set forth in Section 2.2, Application Review Procedures.
         b.   Clearly State Factors for Decision. Unless stated otherwise in this Ordinance, the decision shall clearly state the factors considered in making the decision and the basis or rationale for the decision.
         c.   Conflicts of Interest.
            i.   A review authority member shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to:
               1.   A member having a fixed opinion prior to hearing the matter that is not susceptible to change;
               2.   An undisclosed ex parte communication;
               3.   A close family, business, or other associational relationship with an affected person; or
               4.   A financial interest in the outcome of the matter.
            ii.   If an objection is raised to a member's participation and that member does not recuse themselves, the remaining members shall, by majority vote, rule on the objection.
      6.   Application Revision.
         a.   An applicant may revise an application during a public hearing in response to recommendations or suggestions of the review authority.
         b.   The review authority may approve an application modified during a public hearing provided all changes are properly identified in the motion of approval by the review authority.
         c.   In cases where an application has been modified during a public hearing, the applicant shall submit any necessary site plans, plats, or other construction documents depicting the modification to the appropriate Town staff prior to issuance of any development permit approvals.
      7.   Delay of Decision. The review authority may delay a decision on the application if additional information is requested of the applicant.
      8.   Record.
         a.   A recording may be made of all public hearings and the recordings shall be maintained in accordance with Town policy.
         b.   Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.
   D.   Public Meetings. Table 2.2, Application Review Procedures, identifies the kinds of development applications subject to a required public meeting, which shall be conducted in accordance with the review authority's rules of procedure and the following requirements:
      1.   Procedure.
         a.   The public meeting shall be open to the public and shall be conducted in accordance with the review authority's adopted rules of procedure for public meetings.
         b.   There is no requirement to allow public comment or testimony during a public meeting, though it may be provided at the Chair or other presiding officer's discretion.
      2.   Voting.
         a.   A decision of a review authority shall be decided by a simple majority of the members present and voting.
         b.   A review authority member shall recuse themselves from voting on an application where the outcome of the matter being considered is reasonably likely to have a direct, substantial, or readily identifiable financial impact on them or a member of their immediate family.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
2.3.8.   Conditions of Approval
   A.   Unless expressly authorized in Section 2.2, Application Review Procedures, conditions of approval for conditional rezonings, planned developments, and other quasi-judicial applications shall be limited to those deemed necessary to ensure compliance with the review standards for the particular type of application, or to prevent or minimize adverse effects from the proposed development on surrounding lands.
   B.   All conditions of approval shall be related in both type and amount to the anticipated impacts of the proposed development on the public and surrounding development.
   C.   All conditions of approval shall be expressly set forth in the notice of decision or development permit approval.
   D.   Conditions of approval associated with a conditional rezoning may be proposed by the applicant, Town staff, the Planning Board, or the Board of Commissioners, but only those conditions mutually approved by the Board of Commissioners and the applicant may be included as part of the application approval.
(Ord. 2020-36, passed 12-2-2019)
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