Agenda - 02-22-1999 - d1b - Laserfiche WebLink

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Popular Government Spring 1993 http:// ncinfo. iog.unc.edu /planning/pgsp93.htm When to Apply Both Sets of Rules Local governments imposing special- or conditional -use district zoning must be especially attentive to these differences, because such district zoning involves simultaneous application of a legislative zoning decision (the rezoning to a new zoning district with no permitted uses, only special uses) and a quasi-judicial zoning decision (the decision on the special -use permit for a particular project). Therefore both types of hearings are required, and the local government must exercise particular care in observing whichever rules apply to each stage of its decision making. Rules for Zoning Hearings Informal Public Meetings A local government may decide that it is advisable to hold informal public meetings on zoning issues prior to conducting the required legislative or evidentiary hearing. These may be held for a variety of purposes: to gather public opinion prior to an update of the zoning ordinance or the land -use plan, to discuss potential policy changes, to explain a new provision of the ordinance, or to discuss a particularly controversial project or policy. They may be conducted by the governing board, the planning board, staff, or a neighborhood advisory group. An informal public meeting is just that. It is not a formal hearing; it is not mandated by statute. While it needs to be conducted in a fair and reasonable manner, it is not subject to the legal restrictions that apply to the legislative and evidentiary hearings discussed below.M So the local government is free to set whatever reasonable ground rules it chooses for publicizing and conducting these public meetings. Legislative Hearings As mentioned above, state statutes and court decisions have established some detailed rules for hearings on legislative zoning decisions, which must be followed whenever a zoning ordinance is adopted, amended, or repealed. The requirements for notice of the hearing, its speakers, the information presented, and when an additional hearing is required are set out below. Requirements for a Hearing Since its adoption in 1923, North Carolina's zoning enabling statute has mandated a formal public hearing prior to the adoption or amendment of a zoning ordinance, as well as prior to repeal of zoning.M This hearing must be held by the governing board; a hearing by the planning board alone is not sufficient.M The hearing may be conducted as part of the governing board's regular meeting or it may be held as a special meeting at a separate time and place. The planning board may also hold formal public hearings, but it is no longer required by state law to do so.j6l Newspaper Notice A local government must publish notice of the governing board's required public hearing on the proposed adoption, amendment, or repeal of a zoning ordinance. G.S. 160A -364 for cities and G.S. 153A -323 for counties require that the notice be published in a newspaper of general circulation in the community once a week for two successive calendar weeks, with the first notice being published not less than ten nor more than twenty -five days prior to the hearing. The advertisement is usually run as a legal ad in the classified section of the newspaper, but some local governments purchase larger display ads to provide more prominent notice. While news stories about forthcoming zoning hearings are also common, they cannot take the place of the formal advertisement. Likewise, publication in a homeowners' association newsletter or other informal publication is permissible but may not substitute for newspaper publication. State statutes do not require posting of a sign on the site of a proposed rezoning, although a number of zoning ordinances add that requirement. The published notice must be sufficiently detailed to allow a citizen to determine what is being proposed and whether he or she would be affected. M This does not mean that it must contain a legal description