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Article 2: Administration
Section 2.4. Standard Review Procedures
2.4.5. Scheduling and Public Notice of Meetings
June 23, 2017
Morrisville, NC
Page 2-20
Unified Development Ordinance
b.
Application of Notice Requirements
(1)
In computing the required time periods for providing notices, the day the notice is
published or postmarked shall not be included, but the day of the meeting shall be
included.
(2)
Required posted notices need not be posted on each parcel where an application site
includes multiple contiguous parcels, provided a sufficient number of notices are posted to
provide reasonable notice to interested persons passing by the site.
(3)
The applicant shall provide mailing labels and stamps for required mailed notices. Unless
evidence to the contrary exists, the names and mailing addresses for property owners
required to be mailed notices shall be as shown on the most current Wake County or
Durham County tax records, as appropriate.
(4)
If a rezoning application directly affects more than 50 properties, owned by at least 50
different property owners, the Planning Director may elect to rely on the published notice
instead of mailed notice for those affected property owners who reside in the area of the
publishing newspaper’s general circulation—provided that each notice shall not be less
than one-half of a newspaper page in size. Mailed notice shall continue to be required
for all property owners who reside outside the area of the publishing newspaper’s
general circulation.
Notice Content
a.
Posted Notices
Required posted notices shall, at a minimum:
(1)
Identify the application type;
(2)
Identify the date, time, and location of the meeting being noticed; and
(3)
Comply with any other notice content requirements established by state law.
b.
Mailed and Published Notices
Required mailed and published notices shall, at a minimum:
(1)
Identify the application;
(2)
Describe the nature and scope of the proposed development or action;
(3)
Identify the location of land subject to the application;
(4)
Identify the date, time, and location of the meeting being noticed; and
(5)
Comply with any other notice content requirements established by state law.
Certification of Notice
The person or persons required to provide notice shall sign a certification that proper notice has
been provided in fact. Such certificate shall be deemed conclusive in the absence of fraud.
C.
Requests to Defer Scheduled and Noticed Review Meetings
An applicant may request that review of an application scheduled for review at a Board of
Adjustment, or Planning and Zoning Board meeting be deferred in accordance with the following
provisions.
a.
The Planning Director may grant such a request for good cause shown provided the request is
in writing, states the reasons for deferral, and is submitted to the Planning Director before any
mailed notices are mailed and final arrangements for any published notice are made.