Subpart H. Legislative and Quasi-Judicial Process Standards

42-370. Legislative Process Standards
  1. Text Amendments
    1. Public Hearing. Before adopting or amending any ordinance the Board of Commissioners shall hold a public hearing on the ordinance or amendment.
    2. Newspaper Notice. In accordance with NCGS 160D-601(a), the Commissioners shall cause notice of such hearing to be published in a newspaper of general circulation in the County once a week for two (2) successive calendar weeks. The notice shall be published the first time not less than ten (10) days nor more than 25 days prior to the date fixed for the hearing. The notice shall include the time, place and date of the hearing and include a description of the property or the nature of the change or amendment to map. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
  2. Map Amendments.
    1. Public Hearing. Before adopting or amending any ordinance the Board of Commissioners shall hold a public hearing on the ordinance or amendment.
    2. Newspaper Notice. In accordance with NCGS 160D-601(a), the Commissioners shall cause notice of such hearing to be published in a newspaper of general circulation in the County once a week for two (2) successive calendar weeks. The notice shall be published the first time not less than ten (10) days nor more than 25 days prior to the date fixed for the hearing. The notice shall include the time, place and date of the hearing and include a description of the property or the nature of the change or amendment to map. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
    3. Mailed Notice. In addition to requirements found in NCGS 160D-602(a), whenever there is a zoning map amendment, the owner of that parcel of land as shown on the County tax listing, and the owners of all parcels within four hundred (400) feet of any property line of the proposed development shown on the County tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the County tax abstracts. This notice must be deposited in the mail at least ten (10) but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the Commissioners that fact, and such certificate shall be deemed conclusive in the absence of fraud. The first class mail notice requirement 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 (see subsection (4)).
    4. Expanded Published Notice. In accordance with NCGS 160D-602, and in that situation described above (see subsection (3)), the County may elect to publish once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change. These advertisements shall comply with and be deemed to satisfy the provisions of NCGS 160D-602(b) (subsection (1)). The advertisement shall not be less than one-half (½) of a newspaper page in size. 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 or persons mailing the notices shall certify to the Commissioners that fact, and the certificates shall be deemed conclusive in the absence of fraud.
    5. Posted Notice. In accordance with NCGS 160D-602, whenever there is a zoning map amendment, the County shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning. In the event that more than one (1) parcel is involved in a particular map amendment, at least one (1) sign shall be posted in a central location; however, the Planning Staff may post multiple signs. Said sign(s) shall be posted at least ten (10) days prior to the public hearing date.
  3. Comprehensive Plan Amendments
    1. Notifications requirements follows Legislative Process Standards as outlined in §42-370 A Text Amendments.
    2. If a plan is deemed amended NCGS 160D-605 by virtue of adoption of a zoning map amendment that is inconsistent with the plan, that amendment shall be noted in the plan.  However, if the plan is one that requires review and approval subject to GS 113A-110, the plan amendment shall not be effective until that review and approval is completed. (NC SL 2019-111, s. 2.4.)
42-371. Quasi-Judicial Process Standards
  1. Category Three (3) Communication Facility Permits, Special Use Permits, Vested Rights, Variances, and Appeals
    1. Public Hearing. Before taking any action, the appropriate Zoning Board of Adjustment (ZBA) shall hold a public hearing (quasi-judicial) on the application, in accordance with established procedures for quasi-judicial hearings.
    2. Newspaper None required.
    3. Mailed Notice. The owner of that parcel of land (related to the application) as shown on the County tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the County tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the County tax abstracts. This notice must be deposited in the mail at least ten (10) but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the ZBA that fact, and such certificate shall be deemed conclusive in the absence of fraud.
    4. Posted Notice. The County shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the hearing. In the event that more than one (1) parcel is involved, at least one (1) sign shall be posted in a central location; however, the Zoning Administrator may post multiple signs. Said sign(s) shall be posted no more than twenty-five (25) days and at least ten (10) days prior to the hearing.
    5. Conflict of Interest. (See §42-321 D & E).