(a) The board ofcommissioners shall, in accordance with the provisions of this Article, providefor the manner in which zoning regulations and restrictions and the boundariesof zoning districts shall be determined, established, and enforced, and fromtime to time amended, supplemented, or changed. The procedures adopted pursuantto this section shall provide that whenever there is a zoning map amendment,the owner of that parcel of land as shown on the county tax listing, and theowners of all parcels of land abutting that parcel of land as shown on thecounty tax listing, shall be mailed a notice of a public hearing on theproposed amendment by first class mail at the last addresses listed for suchowners on the county tax abstracts. This notice must be deposited in the mailat least 10 but not more than 25 days prior to the date of the public hearing.Except for a county‑initiated zoning map amendment, when an applicationis filed to request a zoning map amendment and that application is not made bythe owner of the parcel of land to which the amendment would apply, theapplicant shall certify to the board of commissioners that the owner of theparcel of land as shown on the county tax listing has received actual notice ofthe proposed amendment and a copy of the notice of public hearing. The personor persons required to provide notice shall certify to the board ofcommissioners that proper notice has been provided in fact, and suchcertificate shall be deemed conclusive in the absence of fraud.
(b) The first classmail notice required under subsection (a) of this section shall not be requiredif the zoning map amendment directly affects more than 50 properties, owned bya total of at least 50 different property owners, and the county elects to usethe expanded published notice provided for in this subsection. In thisinstance, a county may elect to either make the mailed notice provided for insubsection (a) of this section or may as an alternative elect to publish noticeof the hearings required by G.S. 153A‑323, but provided that each of theadvertisements shall not be less than one‑half of a newspaper page insize. The advertisement shall only be effective for property owners who residein the area of general circulation of the newspaper which publishes the notice.Property owners who reside outside of the newspaper circulation area, accordingto the address listed on the most recent property tax listing for the affectedproperty, shall be notified according to the provisions of subsection (a) ofthis section.
(b1) Actual notice of theproposed amendment and a copy of the notice of public hearing required undersubsection (a) of this section shall be by any manner permitted under G.S. 1A‑1,Rule 4(j). If notice cannot with due diligence be achieved by personaldelivery, registered or certified mail, or by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given bypublication consistent with G.S. 1A‑1, Rule 4(j1). This subsection appliesonly to an application to request a zoning map amendment where the applicationis not made by the owner of the parcel of land to which the amendment wouldapply. This subsection does not apply to a county‑initiated zoning mapamendment.
(c) Repealed by SessionLaws 2005‑418, s. 4, effective January 1, 2006.
(d) When a zoning mapamendment is proposed, the county shall prominently post a notice of the publichearing on the site proposed for rezoning or on an adjacent public street orhighway right‑of‑way. When multiple parcels are included within aproposed zoning map amendment, a posting on each individual parcel is notrequired, but the county shall post sufficient notices to provide reasonablenotice to interested persons. (1973, c. 822, s. 1; 1985, c. 595, s. 1; 1987, c.807, s. 2; 1989 (Reg. Sess., 1990), c. 980, s. 2; 1993, c. 469, s. 2; 1995, c.261, s. 1; c. 546, s. 2; 1997‑456, s. 25; 2005‑418, s. 4(b); 2009‑178,s. 1.)
(a) The board ofcommissioners shall, in accordance with the provisions of this Article, providefor the manner in which zoning regulations and restrictions and the boundariesof zoning districts shall be determined, established, and enforced, and fromtime to time amended, supplemented, or changed. The procedures adopted pursuantto this section shall provide that whenever there is a zoning map amendment,the owner of that parcel of land as shown on the county tax listing, and theowners of all parcels of land abutting that parcel of land as shown on thecounty tax listing, shall be mailed a notice of a public hearing on theproposed amendment by first class mail at the last addresses listed for suchowners on the county tax abstracts. This notice must be deposited in the mailat least 10 but not more than 25 days prior to the date of the public hearing.Except for a county‑initiated zoning map amendment, when an applicationis filed to request a zoning map amendment and that application is not made bythe owner of the parcel of land to which the amendment would apply, theapplicant shall certify to the board of commissioners that the owner of theparcel of land as shown on the county tax listing has received actual notice ofthe proposed amendment and a copy of the notice of public hearing. The personor persons required to provide notice shall certify to the board ofcommissioners that proper notice has been provided in fact, and suchcertificate shall be deemed conclusive in the absence of fraud.
(b) The first classmail notice required under subsection (a) of this section shall not be requiredif the zoning map amendment directly affects more than 50 properties, owned bya total of at least 50 different property owners, and the county elects to usethe expanded published notice provided for in this subsection. In thisinstance, a county may elect to either make the mailed notice provided for insubsection (a) of this section or may as an alternative elect to publish noticeof the hearings required by G.S. 153A‑323, but provided that each of theadvertisements shall not be less than one‑half of a newspaper page insize. The advertisement shall only be effective for property owners who residein the area of general circulation of the newspaper which publishes the notice.Property owners who reside outside of the newspaper circulation area, accordingto the address listed on the most recent property tax listing for the affectedproperty, shall be notified according to the provisions of subsection (a) ofthis section.
(b1) Actual notice of theproposed amendment and a copy of the notice of public hearing required undersubsection (a) of this section shall be by any manner permitted under G.S. 1A‑1,Rule 4(j). If notice cannot with due diligence be achieved by personaldelivery, registered or certified mail, or by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given bypublication consistent with G.S. 1A‑1, Rule 4(j1). This subsection appliesonly to an application to request a zoning map amendment where the applicationis not made by the owner of the parcel of land to which the amendment wouldapply. This subsection does not apply to a county‑initiated zoning mapamendment.
(c) Repealed by SessionLaws 2005‑418, s. 4, effective January 1, 2006.
(d) When a zoning mapamendment is proposed, the county shall prominently post a notice of the publichearing on the site proposed for rezoning or on an adjacent public street orhighway right‑of‑way. When multiple parcels are included within aproposed zoning map amendment, a posting on each individual parcel is notrequired, but the county shall post sufficient notices to provide reasonablenotice to interested persons. (1973, c. 822, s. 1; 1985, c. 595, s. 1; 1987, c.807, s. 2; 1989 (Reg. Sess., 1990), c. 980, s. 2; 1993, c. 469, s. 2; 1995, c.261, s. 1; c. 546, s. 2; 1997‑456, s. 25; 2005‑418, s. 4(b); 2009‑178,s. 1.)
(a) The board ofcommissioners shall, in accordance with the provisions of this Article, providefor the manner in which zoning regulations and restrictions and the boundariesof zoning districts shall be determined, established, and enforced, and fromtime to time amended, supplemented, or changed. The procedures adopted pursuantto this section shall provide that whenever there is a zoning map amendment,the owner of that parcel of land as shown on the county tax listing, and theowners of all parcels of land abutting that parcel of land as shown on thecounty tax listing, shall be mailed a notice of a public hearing on theproposed amendment by first class mail at the last addresses listed for suchowners on the county tax abstracts. This notice must be deposited in the mailat least 10 but not more than 25 days prior to the date of the public hearing.Except for a county‑initiated zoning map amendment, when an applicationis filed to request a zoning map amendment and that application is not made bythe owner of the parcel of land to which the amendment would apply, theapplicant shall certify to the board of commissioners that the owner of theparcel of land as shown on the county tax listing has received actual notice ofthe proposed amendment and a copy of the notice of public hearing. The personor persons required to provide notice shall certify to the board ofcommissioners that proper notice has been provided in fact, and suchcertificate shall be deemed conclusive in the absence of fraud.
(b) The first classmail notice required under subsection (a) of this section shall not be requiredif the zoning map amendment directly affects more than 50 properties, owned bya total of at least 50 different property owners, and the county elects to usethe expanded published notice provided for in this subsection. In thisinstance, a county may elect to either make the mailed notice provided for insubsection (a) of this section or may as an alternative elect to publish noticeof the hearings required by G.S. 153A‑323, but provided that each of theadvertisements shall not be less than one‑half of a newspaper page insize. The advertisement shall only be effective for property owners who residein the area of general circulation of the newspaper which publishes the notice.Property owners who reside outside of the newspaper circulation area, accordingto the address listed on the most recent property tax listing for the affectedproperty, shall be notified according to the provisions of subsection (a) ofthis section.
(b1) Actual notice of theproposed amendment and a copy of the notice of public hearing required undersubsection (a) of this section shall be by any manner permitted under G.S. 1A‑1,Rule 4(j). If notice cannot with due diligence be achieved by personaldelivery, registered or certified mail, or by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given bypublication consistent with G.S. 1A‑1, Rule 4(j1). This subsection appliesonly to an application to request a zoning map amendment where the applicationis not made by the owner of the parcel of land to which the amendment wouldapply. This subsection does not apply to a county‑initiated zoning mapamendment.
(c) Repealed by SessionLaws 2005‑418, s. 4, effective January 1, 2006.
(d) When a zoning mapamendment is proposed, the county shall prominently post a notice of the publichearing on the site proposed for rezoning or on an adjacent public street orhighway right‑of‑way. When multiple parcels are included within aproposed zoning map amendment, a posting on each individual parcel is notrequired, but the county shall post sufficient notices to provide reasonablenotice to interested persons. (1973, c. 822, s. 1; 1985, c. 595, s. 1; 1987, c.807, s. 2; 1989 (Reg. Sess., 1990), c. 980, s. 2; 1993, c. 469, s. 2; 1995, c.261, s. 1; c. 546, s. 2; 1997‑456, s. 25; 2005‑418, s. 4(b); 2009‑178,s. 1.)
