§ 324. Hearing Required; Notice.

(a)

No ordinance that amends any of the provisions of this chapter [appendix] may be adopted until a public hearing has been held on such ordinance.

(b)

The town clerk shall publish a notice of the public hearing on any ordinance that amends the provisions of this chapter [appendix] once a week for two (2) successive weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten (10) days nor more than twenty-five (25) days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

(c)

With respect to map amendments, the administrator shall mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties, any portion of which is within one hundred (100) feet of the property rezoned by the amendment. The notice required in this subsection shall not be required in the case of a comprehensive revision and readoption of the entire Tarboro Zoning Map unless the revision involves the rezoning of parcels of land to less intense uses or "down zoning", in which case notification to owners of those parcels shall also be made by first class mail. For purposes of this subsection, a comprehensive revision and readoption of the Tarboro Zoning Map does not require that each and every tract of land within the zoning jurisdiction experience a change in zoning classification as long as the rezoning represents comprehensive, jurisdiction-wide map revision and does not involve "down zoning".

(d)

The planning staff shall also post notices of the public hearing in the vicinity of the property rezoned by the proposed amendment and take any other action deemed by the planning staff to be useful or appropriate to give notice of the public hearing on any proposed amendment.

(e)

The notice required or authorized by this section (other than the posted notice required by subsection (d)) shall:

(1)

State the date, time, and place of the public hearing;

(2)

Summarize the nature and character of the proposed change;

(3)

If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;

(4)

State that the full text of the amendment can be obtained from the town clerk; and

(5)

State that substantial changes in the proposed amendment may be made following the public hearing.

(6)

Summarize the protest petition provisions of Section 326 if the proposed amendment involves a change in zoning district classification.

(f)

The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the board's intention that the notice requirements set forth in this section that are not required by state law shall not be regarded as mandatory, and therefore a failure to comply with such requirements shall not render any amendment invalid.

(g)

The person or persons mailing notices to adjoining property owners, as defined in G.S. Section 160A-384, shall certify to the town council that fact.

(h)

Except for a town-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 town 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.

(i)

Actual notice of the proposed amendment and a copy of the notice of public hearing required under subsection 324(h) 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 personal delivery, registered or certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given by publication consistent with G.S. 1A-1, Rule 4(j1). This subsection applies only to an application to request a zoning map amendment where the application is not made by the owner of the parcel of land to which the amendment would apply. This subsection does not apply to a town-initiated zoning map amendment.

(Ord. No. 10-01, §§ 2—6, 2-8-10)