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Article 2: Procedures Section 2.13: Exempt Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-44 2.12.6 Notice Requirements for Matters Before the Board (A) For matters other than applications for Class B Special Use Permits which are not published in a newspaper 35, the The Board shall give notice of matters coming before it by causing notice to be placed in a newspaper of general circulation in Orange County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (B) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by certified mail to adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. (C) The Planning Director shall post on the affected property a notice of the Board meeting at least ten days prior to the meeting date. (D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION 2.13: EXEMPT SUBDIVISIONS 2.13.1 Generally (A) Persons proposing divisions of land that do not constitute a subdivision must request a determination of an exempt subdivision status with the Planning Director. Activities that do not constitute a subdivision are found in Section 7.2.1. (B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with the request for a determination for an exempt subdivision. (C) Exempt subdivisions shall comply with all applicable non-plat requirements of this Ordinance. 2.13.2 Review and Action (A) Following receipt of a request for a determination of an exempt subdivision status, the Planning Director shall make a determination of the land division’s exempt or nonexempt status. (B) If the Planning Director determines that the proposed land division does not constitute a subdivision, the Planning Director shall certify the proposed land division as exempt and include the necessary statement on the plat certifying same. (C) If the Planning Director determines that the proposed land division constitutes a subdivision, the applicant shall be informed of such in writing and shall be required to submit the appropriate Subdivision application. 35 The Staff Attorney has suggested that public hearings for SUPs not be included in legal advertisements since the general public does not have standing in such matters and cannot participate. (State Statutes do not require legal ads for SUP applications). As shown in the remainder of this section, a notice would still be posted on the affected parcel and adjoining property owners would receive mailed notification of the hearing date (which they would also have been informed of via the Neighborhood Information Meeting materials). 61