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OCPB agenda 100715
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OCPB agenda 100715
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10/7/2015
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OCPB minutes 100715
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Article 2: Procedures <br /> Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-30 <br /> <br />Board 32 shall hear applications and receive public comment for Zoning Atlas amendments and/or <br />text amendments to this Ordinance in a Quarterly Public Hearing. <br />2.8.7 Notice of Requirements for Planning Board Meetings and Public Hearings <br />(A) The Planning Director shall provide notification of Planning Board meetings at which the <br />Planning Board is to review and make a recommendation on Zoning Atlas amendments. <br />Notifications shall be mailed and posted for the Planning Board meeting in the same <br />manner as for the public hearing, as detailed in (C) and (D) below. The notice shall <br />include the time and location of the Planning Board meeting.33 <br />(B) The Planning Director shall cause notice Notice of the public hearing to review the <br />application and receive public comment shall to be published at least twice in a <br />newspaper of general circulation in the county, stating the time and place of the hearing <br />and the substance of the proposed amendment. <br />(1) Said notice shall appear in said newspaper for two successive weeks with the <br />first notice appearing not less than ten days nor more than 25 days before the <br />date set for the public hearing. In computing the notice period, the day of <br />publication is not to be included, but the day of the hearing is to be included.34 <br />(C) In the case of For amendments to the zoning atlas Zoning Atlas, the Planning Director <br />shall post on the affected property a notice of the public hearing at least ten days prior to <br />the date of said hearing. <br />(D) In the case of For amendments to the Zoning Atlas, written notice shall be sent by <br />certified mail to the affected property owner and by first class mail to 35 all adjacent <br />property owners at least 15 days, but not more than 25 days, before the public hearing <br />date. Adjacent property owners are those whose names and addresses are currently <br />listed in the Orange County tax records and whose property lies within 500 one <br />thousand 36 feet of the affected property. <br />(1) If amendments to the Zoning Atlas are proposed by the County, notice shall be <br />sent by first class mail to all affected property owners and to all adjacent property <br />owners within 500 feet as provided in (D) above.37 <br />(E) The Planning Director shall certify the mailing of all notices to the Board of County <br />Commissioners. <br /> <br />32 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public <br />hearing would no longer be considered a joint hearing. <br />33 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering <br />amendments so the public can attend the meetings and provide comments if desired. This will result in two <br />mailed notifications/sign postings for Zoning Atlas amendments in order to meet statutory requirements for public <br />hearings (mailed/posted at least 10 days but not more than 25 days prior to the public hearing) <br />34 This paragraph has been indented one level to better reflect the cadence of ordinance structure. <br />35 State statutes do not require mailing via certified mail to adjacent property owners. Because of the proposed <br />notification distance increase (from 500 feet to 1,000 feet), staff is suggesting that notices be mailed via first class <br />mail in order to keep costs and necessary staff time lower. <br />36 As a result of comments made at the September 8, 2015 public hearing, the notification boundary is proposed to <br />be expanded from 500 feet to 1,000 feet. <br />37 This paragraph is suggested for deletion because of the proposed modifications in (D) which will allow all notices <br />(both applicant-initiated and government-initiated) to be sent via first class mail. If the modification in (D) is not <br />adopted, the language in (D)(1) should not be deleted and the notification distance should be increased from 500 <br />feet to 1,000 feet. <br /> 83
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