Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 52 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments 2.8.7 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notification of Planning Board meetings at which the Planning Board is to review and make a recommendation on Zoning Atlas amendments. Notifications shall be mailed and posted for the Planning Board meeting in the same manner as for the public hearing, as detailed in (C) and (D) below. The notice shall include the time and location of the Planning Board meeting. The outside of the envelope or postcard shall be marked "Notice of Planning Board Meeting." (B) The Planning Director shall cause notice of the public hearing to review the application and receive public comment to be published at least twice in a newspaper of general circulation in the county, stating the time and place of the hearing and the substance of the proposed amendment. (1) Said notice shall appear in said newspaper once a week47 for two successive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (C) For amendments to the Zoning Atlas, the Planning Director shall post on the affected property a notice of the public hearing at least ten days prior to the date of said hearing. (D) For amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and by first class mail to all adjaGentabutting property owners and all property owners whose property lies within 1,000 feet of the affected property at least ten_days, but not more than 25 days, before the public hearing date. °r1i FProperty owners are these whose names and addresses shall be obtained from the current listing ore ni 1YYen+I" Ims+er+ in the Orange County tax records and whose property lies within one the- he affer+ed groperty49. The outside of the envelope or postcard shall be marked "Notice of Public Hearing." (1) Alternative option to mailed notice for large-scale Zoning Atlas amendments- The first class mail notice required by subsection (D) shall not be required if a Zoning Atlas amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and Orange County elects to use the expanded public notice described as follows: (a) An advertisement published as described in (B)above, provided that the advertisement is not less than one-half of a newspaper page in size. (b) The advertisement shall be effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners that 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 according to the provisions of subsection (D) above. MflLE The Planning Director shall certify the mailing of all notices to the Board of County Commissioners. 47 Clarify publication frequency. 48 Conform County's regulations to statutory requirements. 49 Revision necessary to properly address 160D-602 requirement that"abutting" property owners are noticed versus Orange County's requirement that property owners within 1,000 feet are noticed. so State Statutes have long allowed for an alternative method of public notice for large-scale rezonings but Orange County's regulations have not included the option. Staff is recommending that the alternative option be included in the regulations. Orange County, North Carolina—Unified Development Ordinance Page 2-32