§ 8-5. Public hearing requirements.

(A)

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

(B)

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

(C)

With respect to map amendments, the city clerk shall provide first class mail 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 within 100 feet of the property rezoned by the amendment. The UDO administrator 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 UDO administrator to be useful or appropriate to give notice of the public hearing. 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.

(D)

The notice required in subsection (C) 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. In this instance, the city may elect, in lieu of the mail notice specified in subsection (C), to publish notice of the hearing as required by G.S 160A-364, but provided that each advertisement shall not be less than one-half of a newspaper page in size and that the notice shall adequately explain the nature and extent of the proposed change. The advertisement shall not be less that one-half of a newspaper page in size. Property owners who reside outside the city's jurisdiction or 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 mail pursuant to subsection (C).

(E)

The notice required or authorized by this section 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 city clerk;

(5)

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

(6)

Specifically state that a special use permit will also be reviewed when the amendment request involves a conditional use district rezoning.

(F)

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

(Ord. No. 1-2006, § 15, 1-9-2006)