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Home My WebLink AboutAgenda - 08-22-1994 - C-3 (a) 043 OR AN G E C 0 U N T Y BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 22 , 1994 Action Agenda Item #C 3 a SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 20.6 Public Hearing and Notice Thereof DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis, Extension 2583 Proposed amendment G.S. 153A-343 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on a proposed amendment to notification requirements for amendments to the Zoning Atlas. BACKGROUND: Effective January 1, 1994, the North Carolina General Statutes (G.S. 153A-342) allow for certain rezoning actions to be advertised through enhanced newspaper advertisement instead of notification by mail to all affected property owners. The proposed amendment specifies situations in which notification by mail of individual property owners is not required. Rezonings which meet one or more of these criteria may be advertised in a local newspaper for four consecutive weeks. The advertisement would include a map of the proposed rezoning. The minimum size of the advertisement would be 1/2 of a newspaper page. Zoning text or map changes which involve a particularly large area (such as the recent watershed protection amendments and zoning of Little River and Cedar Grove Townships) could be advertised at less cost for materials and staff time. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of 0 44 Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 3, 1994. PROPOSED ORDINANCE AMENDMENT 045 ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 20.6 PUBLIC HEARING AND NOTICE THEREOF ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X_ High Middle Low Comment: PUBLIC HEARING DATE: May 23, 1994 PURPOSE OF AMENDMENT: To amend notification requirements for amendments to the Zoning Atlas. IMPACTS/ISSUES: Effective January 1, 1994, the North Carolina General Statutes (G.S. 153A-342) allow for certain rezoning actions to be advertised through enhanced newspaper advertisement instead of notification by mail to all affected property owners. The Zoning Ordinance currently requires that the owners of all property proposed for rezoning, and the owners of property within 500' of the area of the rezoning, be notified of the public hearing by first class mail. In addition, the notice of the public hearing is published in a twice in a local newspaper during the period 10 to 25 days before the public hearing. The proposed amendment specifies situations in which notification by mail of individual property owners is not required. These situations involve: - the rezoning of 640 acres or more; - the rezoning of fifty or more parcels; - amendment to the zoning text; and/or - adoption of a watershed protection program . The proposed amendment would allow for rezonings which met one or more of these criteria to be advertised in a local newspaper for four consecutive weeks. The advertisement would include a map of the proposed rezoning. The minimum size of the advertisement would be 1/2 of a newspaper page. 046 Zoning text or map changes which involve a particularly large area (such as the recent watershed protection amendments and zoning of Little River and Cedar Grove Townships) could be advertised at less cost for materials and staff time through newspaper ads. Although the publication costs would be greater, other costs, such as postage, copying, preparing and stuffing envelopes, and sorting by zip code, would be greatly reduced. The larder size of the newspaper advertisement, the inclusion of a map as well as text, and the increased frequency of publication should result in an equivalent public exposure of the proposal. The proposed amendment provides the option to utilize newspaper advertisements in lieu of first-class mail, as provided in G.S. 153A- 343. EXISTING AND PROPOSED ORDINANCE PROVISIONS: 20.6 PUBLIC HEARING AND NOTICE THEREOF 20.6.1 A public hearing shall be held by the Board of County Commissioners before adoption of any proposed amendment to this ordinance. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten ( 10) days nor more than twenty- five (25) days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 20.6.2 Except as provided in Article 20.6.4 of this Ordinance, the Zoning Officer in the case of amendments to the zoning atlas shall post on the applicant's affected property a notice of the public hearing at least ten days prior to the date of said hearing. 20.6.3 Except as provided in Article 20.6.4 of this Ordinance, in the case of amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and all adjacent property owners not less than fifteen days before the hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within five hundred feet of the affected property. 047 If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within 500 feet as provided above. The Zoning Officer shall certify the mailing of all such notices to the Board of County Commissioners. 20.6.4 Notification of affected- proverty owners by mail as required in Article 20.6.3 of this Ordinance is not required in the following situations: LL The proposed rezoning involves an area of 640 acres or more contained in 10 or more separate tracts in separate ownership EXCEPT where the rezoning involves zoning of parcels of land to less intense or more restrictive uses; or u The rezoning directly affects more than 50 Properties, owned by a total of at least 50 different property owners; or (3) The reclassification is an amendment to the zoning text; or (44) The proposal involves adoption of a water supply watershed protection program as required by G.S. 143-214.5. Where this subsection eliminates the notification of Property owners as required in Article 20.6.3, the proposed rezoning shall be advertised once a week for four successive calendar weeks in a newspaper having general circulation in the area of the rezoning The advertisement shall include a man showing the boundaries of the affected area. The map shall be at least one-half of a newspaper page in size. Property owners who, according to the address shown on the most recent property tax listing, reside outside of the county's jurisdiction or outside of the circulation area for the newspaper shall be notified by mail pursuant to Article 20.6.3 above The Zoning Officer shall certifv the mailing of all such notices to the Board of County Commissioners. In addition to the published notice, one or more Prominent signs shall be posted immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: January 19, 1994 PLANNING BOARD REVIEW: BOCC REVIEW: 048 `•w�y"+ f ill, ' i M t; 'I ti �4. , .0,t• L tl I . ` L,l; r 1,i:%lq; i / �yl If+ fF't,! 1 - l •.• i 'R t41i , i • 1 4 �I' 't „• . 1 I I 53:135 issa rlIMl11.A'I'IVE Slll'I'LKMEN'I' §153A-343 §153A-343 COUNTIES §153A-343 153A 335. "Subdivision" defined. • • (b) The first class mail notice required under subsection (a) of this section shall not be required in the following situations: (1) The total rezoning of all property within the boundaries of I 1.orai Mudiftrat' 1'usqustuuk Tsansylvaum el Id Le stricken from g p f Y I!I!Ia, 191, s 1. 'r,aoeylvaam. 1991 the male volume a county or a zoning area as defined in G.S. 153A-342 unless rezoning involves zoning of parcels of land to less 114.4 S.•ss 19!r2f, c 972, s 1 By virtue of Session laws 1993,c 195, I g g p Ily vu(i.e ul Session lows 1991 Meg a I,Lmwln should be slrpckrn from the intense or more restrictive uses. If rezoning involves zon- Srv.. 19921,a 91'2, s 3, the eati la, in r of parcels of land to less intense or more restrictive y aW/ll volume 6 p._ S.„In,: laws 1979. c 349 for uses,notification to owners of these parcels shall be made by mail in accordance with subsection (a)of this section, Part 3 Zoning (2) The z • g is an initial zoning of the entire zoning jurisdic- tion area; (3) The zoning reclassification action directly affects more than I53A-3.10. (:rant of power. - 50 properties,owned by a total of at least 50 different prop- erty owners; CASE NOTES • • (4) The reclassification is an amendment to the zoning text;or (5) The county is adopting a water supply watershed protection program as required by G.S. 143-214 5. cited m N. I. 'Peer Cu v Orange In any case where this subsection eliminates the notice required by l'•audy, MO F' Sapp Ii79 IM U N C subsection(a)of this section,a county shall publish once a week for 1992i four successive calendar weeks in a newspaper having general cir- culation in the area maps showing the boundaries of the area af- 153A-3.11. Purposes in view. fected by the proposed ordinance or amendment.The map shall not be less than one-half of a newspaper page in size.The notice shall CASE NOTES only be effective for property owners who reside in the area of gen- eral circulation of the newspaper which publishes the notice. Prop- Appla•d to toungton v Town of erty owners who reside outside of the county's jurisdiction or out- Ai.. TUN N C App 2:11,423 S E 2.1 537 side of the newspaper circulation area, according to the address 119921 listed on the most recent property tax listings(ilr the affected prop- erty,shall be notified by mail pursuant to this section.The person 153A-31`2. Districts; zt.uing less than entire juris• or persons mailing the notices shall certify to the board of commis- sioners that fact,and the certificates shall be deemed conclusive in (11(atoll. the absence of fraud. In addition to the published notice,a county shall post one or more prominent signs immediately adjacent to the CASE NOTES subject area reasonably calculated to give public notice of the pro- posed rezoning.(1973,c.822,s. 1; 1985,c.595,s. 1; 1987,c. 807,s. •.g Map Requirement. This of the area Items zoned and a full teat of 2; 1989 (Reg. Sess., 19901, c. 980, s. 2; 1993, c. 469, s. 2.) ' er,t does not ,.•quire the county to the coning ordinance zoned are requl,ed. have a nnuug map Inc the entire c ty Friszelle v Harnett County, 106 N C Local Modification.—Session Laws dinance for adoption of amendments to alien 01/.11.1,11V1.n 01/.11.1,1101/.11.1,11V1.Is to implement 2141- App 234,416 S E 2.1 421,cert denied, 1993,c.271,a.1(repealed effective Jun- the zoning ordinance The urdinuuce I lag on a1,air.,by:uc.,Lasts,only a map 332 N C 147, 419 S E 2d 571 119921 uary I,1995 except for Forsyth and mu- may provide for different dates of uppli- niclpelities located therein by Session cability based on the stage of the zoning l.awa 1993,c. 469,a 4(a)) classification action on the effective§ 153A-3-13. Method of procedure. • Editor's Note. — date. la) The board of coulnu ssioners shall,in accordance with the pro- Session I awa 1993, c 469, which "If the city or county is subject to a vls s al his Article,provide for the Instiller in which zoning 1'egll- • 1 • amended this section.in so 5 and 6 pro- local act repealed by Section 3 of this Lit restrictions and restrlclns and the IwunJ:u•ies of zoning districts shall vides: act,the ordinance prevails over some or "Sec.5 pal Tina act becomes effective all of the local act d the ordinance so Is. determined, established, and enforced, and from tune to time amended,supplemented,or changed 'T'be procedures adopted pin- January 1, 1994.except that as to any provides. he 111 this sect ion shall provide that whenever there is a zoning city or county, It becomes tn effective at "ILC'I'his sect" does not apply M Ma- i-Maul action Involving a parcel of land, the owner of that of thin between January to of ratification the syt6 County or municipalities loculnl parcel of land as shown on the county tax listing,and the owners of of this act and January 1, 1994 if the cal Set that county I city or county,as appropriate,adopts an "Sec 6 tat This act becomes effective till pturcls ul laud abutting that parcel of land as shown on the comity lax listing,shall he mailed a notice of the proposed cl.s581I1- ordinance placing it into effect at such January 1,1995 as to Forsyth County or cation b first class mail at the last addresses listed for such owners earlier date Adoption pl of such ordinance any municipality et becomes located within at that Y is subject to the plocrJurul requite- county,but it l.ecunlen ellictive ul any oil the clumpy has abstracts The pet-sut1 or persons mailing such menta of OS I60A-364 or (;S. time between the date of ratification of •3h ices slid II certify to the Board of Cllllllllussiuners that fact, and 153A 323,as app,opruae,but not to any this act and January I. 1995 If the u,u• .'h eel ill Julie shall be deemed conclusive in the absence of fraud. procedulul requirement of the[oumg or ulclpallty or Forsyth County,as p98 • f • 99 kook 4;1;11,;. f f. . ' , !" '1�' floc,4 ., 'I' 1 ,' f; '' i a I r ♦1 6 „ e_ , ' ` f V •' .-.N ,L r .err.- - _ _ _ - - - dL .__ . ...�a1k ' } . int~ '; 1,1 1 §153A-344 1993 CUMULATIVE SUPPLEk1EN'r §153A-344 I §153A-344.1 COUNTIES §153A-353 poste, adopts an ordinance placing it Franklin, 1993.r :158,s 15,as to(Jr • • i �'11 into effect at mach eu111r1 date Adoption urge in addition, by vntue of Session 153A-344.1. Vesting rights. O �i i-�1' ■ ul vuch ordinance w subject to the pruce lows 1993,c 469,a 3,the local nu1JJi- ,tF';;'"1 l'- Jo1al Icquuelnentu of li S II60A J6 ui cut ions for Alexander, Cabunus, CASE NOTES C . 1, `•! 1:S 153A 323, as appiupnale,but not Catawba, Bedell, Johnston, Marlin, i:,i' '.. W any procedural requirement of the Randolph,Wake,and Yadkin should be Cited in Nello L Tees Co.v Orange tuning ordinance for adoption of amend all rcken from the mum volume Section ��1•inroad to the coning ordinance The olds- 311.1 of c 469 provides that nothing m County, 810 F Supp 679 IM.U.N.C. �ni 19921. name may provide for different dates of the section affects any ordinance 1 11t•)J.�:3 , applicability based on the dage of the adopted under the authority of any act j rl : ' 1r g classification actioul out the elite repealed by a 31st prior to the effective �1- live date dale ol c 469 153A-348. Statute of limitations. -Ike ordinance prevails over some or Effect of Amendments. - all of Chapin.455.Session laws of 1987, The 1993 amendment,effective Janu- CASE NOTES ` `'i �' i s+ amended by Chapter 271, Session ury I,1994,added the subsection tin des- 1 1 y '. I awe of 1993,if the ordinance so pro- Ignstlon, in subsecli la) substituted j -'i), i vales" "abstracts"for 'abstracts,provided that Stated in Nello 1..Tees Co.v Orange jj • • • County, 810 F Stipp. 679 1/4,11 N.C. ' ' .,' i,; 4 Sermon Laws 1993,c 469,a anal,et this sentence dues not apply in the case 19921. 7 "a •�I lecteve January I,1994,repeals various ore total rezoning of all property within : , ens including the following local muds the bouadarlea of a county unless the i,, Ili idiom, to this aeclinu. Seas Laws rec g involves zoning ol parcels of , ��t�` l� • 199:1 c 101,as to Wilkes 1993,c 139, land to less intense uses or'down zoning' Part 4. Building Inspection. y 4 so to Stokes. 199:1, c 156, as to in which cost notification to owners of I' 'j',. 1 Wettings, 1993,a 267 as to Davidson those parcels shall be made by mail in 1:i 1t�Z5,I � § 153A-353. Joint inspection department; and Davie; 1993,c 'L71,us W Itockung• accordance with this section",and added P p tment; other aC- '� �Ili 1','`. .ji, haul, 1993. c 296, as to Nash and subsection lb) rangements. F .1;,"Ltr.1'.i A county may enter into and carry out contracts with one or more { CASE NOTES other counties or cities under which the parties agree to create and I'- ` ,` p support a joint inspection department for enforcing those State and Cited in Ericcclle v Ilamen County, Comity, 810 F Supp 679 IM U N.C. I local laws and local ordinances and regulations specified in the i' 1116 N 1; App 234, 416 S K 2il 421 199'll {I agreement. The governing bodies of the contracting units may 'r 1 -1 •' lI 19992x, Nello I. 'Peer Co v Orange make any necessary appropriations for this purpose. ��' '.' "' �'t In lieu of a joint inspection department,a county may designate ..+ s, 153A 344. Planning agency; zoning plan; certifi- an inspector from another county or from m- bee of the county inspection department, with the approval of the J ' '1' '^' cation to board of commissioners; governing body of the other county or city,or may contract with an I 1i +i l •' amendments. Individual who is not a city or county employee but who holds one of h, • '1" iq�' 1 . the applicable certificates as provided in GS. 153A-351 1 or G.S. ';k j', �''k • 160A-411 1 The inspector, if designated from another county or ' "` • CASE NOTES city under this section,while exercising the duties of the position,is i 1 1` a county employee.The county shall have the same potential liabil- Amendment Dell Not Applicable chiding operation of a quarry on Such ity,if any,for inspections conducted by an individual who is not an � iu Defendants.- Where the uncuntia- propo11y would not apply to defendants employee of the county as it does for an individual who is an em- 'f� �, + i do led forecast of evidence established us cal dwell v Sloth, 106 N C App 187, ployce of the county The individual with whom the county con- is '' t ` ' a lowlier of law that defendants made 415 S E 2d 770,colt denied. 3:12 N C tracts shall have errors and omissions and other insurance coverage • soiatantial expenditures For like opera. 146, 419 S l 2.1 `569(1992) • acceptable to the county (1937, c. 57, 1941, c. 105, 1947, c. 719; ' ,', ij, .i to •t of a quarry on the propelly in clues- Cited in Friccelle v Harnett County, • 1951,c.651, 1959,c.940; 1963,c.639; 1965,c.371; 1967,c.495,s. f lion in good faith alai in reliance upon 1(16 N C App 2)4, 416 S E 2d 421 1, 1969,c. 918;c. 1010,a. 4;c. 1064,as. 1,5;c. 1066,a. 1; 1973,c. i, the special use permit previously 119921, Nello I. 'Peer Co v Orange , 8 granted by the lo g Board, a later County, 810 F Supp 679 tM II N C `12, a. 1, 1993, C. 232, tl. 1.) amendment by the Luring Board pie 19921 . Effect of Amendments.-The 1993 ameudnaenl,effective June 28,1993,re- 1' wrote the second paragraph :1,444. 100 • • 101 t e COST OF ADVERTISING 8/23/94 WATERSHEDS/ZONING PUBLIC HEARING ACTUAL COST OF 8/93 MAILING FOR ESTIMATED COST IF PROPOSED ITEM WATERSHEDS/ZONING HEARING AMENDMENT HAD BEEN IN EFFECT Amount I Cost Amount Cost Paper and Copying 60,000 sheets @ .06 ea. $3,600 3,000 sheets @ .06 ea. $180 Full-page newspaper ad Published two times in 3 $3,576 Published four times in 3 $7,152 newspapers newspapers Postage 500 pieces regular rate $2,500 500 pieces regular rate $145 9300 pieces bulk rate Staff time 384 total hours $4,852 19 total hours $243 (salary only) TOTAL $14,528 $7,720 Ui 052