Under current state law and the City’s UDO, a notice of certain projects, meetings, and hearings is required to be mailed to property owners, but not to the tenants of those properties which are occupied by individuals other than the owner. Text Change TC-11-20 expands the required notice to include tenants and renters and creates an alternative means of notice when tenant information is not readily available. The requirements are applicable to all plans and permits that require mailed notice submitted on or after December 4, 2020. A list of case types that require notice can be found in UDO Section 10.1.8.
Mailed notice now must be provided to all property owners and tenants within the specified radius of the subject property or properties as reflected in the Wake County tax records at the time of the request. Notice is also required for all property owners and tenants within the request area itself. Where the tax records reflect a mailing address for an owner of the property to be different than the address of the property owned, then notification must also be mailed to the address of the property itself.
In the event, individual mailing addresses for a multi-tenant property are not readily available then the multi-tenant property must be posted with signage. Applicants may choose between researching and attesting to the addresses of the multi-tenant property and providing mailed notice or providing posted notice for all multi-tenant properties with more than three units. Planning and Development staff will provide signage to the applicant, who shall be responsible for posting the signage. TC-11-20 contains the following criteria for posted notice signage:
i. Signage shall be posted in the right-of-way immediately adjacent to the multi-tenant property at a conspicuous location visible from the nearest public street or streets if the property fronts on multiple streets.
ii. The sign shall not measure less than 18 inches x 24 inches and be constructed of durable materials sufficient to withstand the effects of weather. Signage shall be posted at least 10 calendar days prior to the date of the meeting.
iii. The content of the required posted notice shall be as follows:
a. a case number (if one has been assigned);
b. a description of application type;
c. the address to the City’s web portal where more information about the application can be obtained; and
d. a phone number and email to contact the Applicant.
iv. The Applicant shall provide the City with documentation (photo and attestation as to the date of posting) establishing compliance with the posting requirements of this subsection.
If you have questions about the notification requirements for your project, please contact your case planner.