Unified Development Ordinance, 34th Supplement, October 2024

Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION

may be given by publication consistent with N.C. Gen. Stat. §1A-1, Rule 4(j1). (See N.C. Gen. Stat. §160D-601).

type multi-tenant properties are not readily available, the multi-tenant property shall be posted in accordance with Section 10.2.1.C.4(f). d. When mailed notice is required for pre-submittal public meetings, the applicant may provide to the City return receipts from the mailing notification by the applicant to the required property owners and tenants by certified mail, returned receipt requested. e. Mailed notices must be sent to the addressees at least 10 calendar days prior and not more than 25 calendar days prior to the date of any public meeting. f. Except as otherwise directed by the City Council, the City Board or Commission reviewing the matter shall not require additional notification. g. 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. h. 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. Actual notice shall be achieved as follows: i. 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). ii. If notice with due diligence cannot be achieved by personal delivery, registered or certified mail or by a designated delivery service, notice

i. 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 the City 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.

Supp. No. 34

10 – 12 Published October 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina