CAROLINA BEACH — In North Carolina, governmental meetings are regulated under state statute and local laws that require certain steps to be taken in order to ensure the public is properly notified of upcoming meeting items.
In Carolina Beach, for quasi-judicial hearings (like a conditional use permit request) notice must be published in a local newspaper for two consecutive weeks.
“Notice and public hearing. No C.U.P. shall be issued by the town council until after public notice and hearing, at which parties in interest and citizens shall have an opportunity to be heard. Notice of public hearing shall be published in accordance with G.S. 160A-364, that is, notice of the public hearing shall be given once a week for two successive weeks in a newspaper of general circulation in the town prior to the date set for the public hearing,” according to Sec. 40-327 of the town’s Code of Ordinances.
Unfortunately for four different requests in Carolina Beach that notice was never posted in the local paper, The Island Gazette, which means by law, the Town Council can’t hold the hearings that were planned for tonight until December. According to Town Clerk Kim Ward, the notices were sent and received to the Gazette in a timely manner, but never ran.
“Council was scheduled to hear 4 Conditional Use Permit hearings tonight. We have strict guidelines that we must follow before they can be heard. One of the requirements was not met causing the Town to postpone the hearings. On October 17, 2019, I sent a request to run the public hearing notice in the local paper on October 30th and November 5th. The request was received but the ad did not run on either of the requested dates. Below is the Town Ordinance that lists the requirements according to N.C.G.S 160A-364,” Ward said.
The four permits that were scheduled to be heard tonight but will have to be postponed until Dec. 2, include:
- Consider a Conditional Use Permit located at 1012 Lake Park Blvd South for a 2 unit detached Business Planned Unit Development Applicant: Ralph Roof
- Consider a Conditional Use Permit located at 406 Harper Ave for a two-unit detached residential Planned Unit Development. Applicant The Pioneer Group NC Inc.
- Consider a Conditional Use Permit for a 2 unit Planned Unit Development located at 504 Keys Ln. Applicant: The Pioneer Group NC Inc.
- Consider a Conditional Use Permit located at 401 Marina Street for an expansion of the existing marina to include a new dock for a new fuel tank and a barge for an eating and drinking establishment with retail. Applicant: CBYC LLC
