Unified Development Ordinance - Currituck County Government

Chapter 2: AdministrationSECTION 2.3: STANDARD PROCEDURESSubsection 2.3.7: Deferral of Application(b)(c)(d)Describe the land involved by street address or by its relationship to afronting street and the nearest cross street (if applicable), and its size(except posted notice);Describe the nature and scope of the proposed development oraction; andState that substantial changes in the proposal may be made followingthe public hearing.(6) Constructive Notice(a)Minor defects in any notice shall not impair the notice or invalidateproceedings pursuant to the notice if a bona fide attempt is made tocomply with applicable notice requirements. Minor defects in noticemay include, but are not limited to:(i)(ii)Errors in a legal description; orTypographical or grammatical errors that do not impedecommunication of the notice to affected parties.(b)(c)Failure of a party to receive written notice shall not invalidatesubsequent action. In all cases, however, the requirements for thetiming of the notice and for specifying the time, date, and place of apublic hearing and the location of the subject property(ies) shall bestrictly adhered to.If questions arise at the hearing regarding the adequacy of notice, thebody conducting the hearing shall direct the Planning Director to makea formal finding as to whether there is substantial compliance with thenotice requirements of this Ordinance, and such findings shall be madeavailable to the decision-making body before final action on therequest.2.3.7. Deferral of ApplicationAn applicant may request that an advisory or decision-making body’s consideration of adevelopment application at public hearing be deferred by submitting a written request fordeferral to the Planning Director.A. Planning Director ActionIf public notification has not been provided in accordance with this Ordinance, thePlanning Director shall consider and decide the deferral request. A request fordeferral shall be approved only in cases where the applicant needs additional time toprepare evidence, secure approval from outside agencies, or bring the application intocloser alignment with the Land Use Plan or the requirements of this Ordinance.B. Advisory or Decision-Making Body Action(1) If public notification has been provided in accordance with this Ordinance, therequest for deferral shall be placed on the public hearing agenda of theadvisory or decision-making body on the date the application is to beconsidered and acted upon by the body. The advisory or decision-makingbody may approve the request for deferral for good cause.CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE2.22