Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 10 – 11 Effective Date: September 01, 2013 Supp. No. 4 Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION Sec. 10.2.1. Common Review Procedures e. Except as otherwise directed by the City Council, the City Board or Commission reviewing the matter shall not require additional notification. f. For zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners, the City may elect to forego mailed notice and instead give notice of the public hearing by publication provided that the newspaper advertisement is not less than ½ of a newspaper page in size. Property owners who reside outside of the newspaper circulation area, according to the addresses listed in the most recent property tax listing for the affected properties, shall be notified by first class mail. g. Except for a City-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the owner of the parcel of land to which the amendment would apply, the applicant shall certify to the City Council that the owner of the parcel of land, as shown on the county tax listing, has received actual notice of the proposed amendment and a copy of the notice of public hearing. The applicant shall certify to the City Council that proper notice has been provided in fact and such certification shall be deemed conclusive in the absence of fraud. h. Actual notice of the proposed amendment and a copy of the notice of public hearing shall be by any manner permitted under N.C. Gen. Stat. §1A-1, Rule 4(j). i. If notice with due diligence cannot be achieved by personal delivery, registered or certified mail or by a designated delivery service, notice may be given by publication consistent with N.C. Gen. Stat. §1A-1, Rule 4(j1). (See N.C. Gen. Stat. §160A-384). j. For quasi-judicial hearings, mailed notice shall be provided to all other persons with an ownership interest in the subject property as set forth in all applicable State and local laws. 2. Published Notice a. When published notice is required, notice of the public hearing shall be published by Planning and Development at least once in a newspaper having general circulation in the City not more than 25 or less than 10 calendar days prior to the date of the public hearing. b. In the case of any ordinance adopting, amending or repealing any provision of this UDO, including zoning map amendments, notice of a public hearing shall be published once a week in a newspaper having general circulation within the City for 2 successive calendar weeks. c. In determining the time period, the day of publication is not to be included but the day of the hearing shall be included. 3. Web Notice a. When web notice is required, notice shall be posted on the City’s web portal within 5 business days following acceptance of a complete application; required web notice of the decision shall be posted on the City’s web portal no later than 3 business days from the date of decision. b. When web notice of any public meeting is required, notice of the public meeting shall be posted on the City’s web portal not less than 10 calendar days prior to the date of the public hearing. c. In determining the time period, the day of posting on the City’s web portal is not to be included but the day of the hearing shall be included. 4. Posted Notice a. When posted notice of any public meeting is required, signage shall be posted by the City on the property at a point visible from the nearest public street or streets if the property fronts on multiple streets. b. In the case of multiple parcels, a posting on each individual parcel is not required, but sufficient signage shall be posted to provide reasonable notice to interested persons. c. The sign shall not measure less than 18 inches x 24 inches. Signage shall be posted at least 10 calendar days prior to the date of the public meeting. d. The posted sign shall be returned to Planning and Development by the applicant either at the public meeting or within 3 business days following the public meeting. e. Posted notice shall not be required for Planning Commission meetings for zoning map amendments that directly affect more than 50 properties owned by a total of at least 50 different property owners.