GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	3 

SENATE BILL 873
Judiciary II/Election Laws Committee Substitute Adopted 5/4/95
Third Edition Engrossed 5/9/95

Short Title:  Rezoning Notice Simplification.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:

─────────────────────────────────────── 

April 27, 1995

A BILL TO BE ENTITLED
AN ACT TO CLARIFY AND SIMPLIFY THE PUBLIC NOTICE REQUIREMENTS FOR THE REZONING OF PROPERTY.
The General Assembly of North Carolina enacts:
Section 1. G.S. 160A-384 reads as rewritten:
"§ 160A-384.  Method of procedure.
(a)	The city council shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts shall be determined, established and enforced, and from time to time amended, supplemented or changed, in accordance with the provisions of this Article.  The procedures adopted pursuant to this section shall provide that whenever there is a zoning map amendment, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the public hearing.  The person or persons mailing such notices shall certify to the City Council that fact, and such certificate shall be deemed conclusive in the absence of fraud.
(b)	The first class mail notice required under subsection (a) of this section shall not be required 
						if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the city elects to use the expanded published notice provided for in this subsection.  In this instance, a city may elect to either make the mailed notice provided for in subsection (a) of this section or may as an alternative elect to publish once a week for four successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change.  The final two advertisements shall comply with and be deemed to satisfy the provisions of G.S. 160A-364.  The advertisement shall not be less than one-half of a newspaper page in size.  The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice.  Property owners who 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 by first class mail pursuant to this section.  The person or persons mailing the notices shall certify to the city council that fact, and the certificates shall be deemed conclusive in the absence of fraud. In addition to the published notice, a city shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning.
Sec. 2.  G.S. 153A-343 reads as rewritten:
"§ 153A-343.  Method of procedure.
(a)	The board of commissioners shall, in accordance with the provisions of this Article, provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed.  The procedures adopted pursuant to this section shall provide that whenever there is a zoning map amendment, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts.  This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the public hearing.  The person or persons mailing such notices shall certify to the Board of Commissioners that fact, and such certificate shall be deemed conclusive in the absence of fraud.
(b)	The first class mail notice required under subsection (a) of this section shall not be required 
					if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the county elects to use the expanded published notice provided for in this subsection.  In this instance, a county may elect to either make the mailed notice provided for in subsection (a) of this section or may as an alternative elect to publish once a week for four successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change.  The final two advertisements shall comply with and be deemed to satisfy the provisions of G.S. 153A-323.  The advertisement shall not be less than one-half of a newspaper page in size.  The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice.  Property owners who 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 by first class mail pursuant to this section.  The person or persons mailing the notices shall certify to the board of commissioners that fact, and the certificates shall be deemed conclusive in the absence of fraud. In addition to the published notice, a county shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning.
(c)	The provisions of this section shall not be applicable to any zoning map adoption that initially zones property added to the territorial coverage of the ordinance."
Sec. 3.  This act is effective upon ratification.