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

Browse Search

Popular Government Spring 1993 http:// ncinfo. iog.unc.edulplanning/pgsp93.htm 5. 5. a zoning classification done as part of adopting a mandated water- supply watershed protection program. Where these five exceptions apply, a substitute notice is required in lieu of the individual mailed notice. The substitute notice consists of both publication of a half -page newspaper advertisement for four successive weeks and the posting of a prominent sign at the site of the proposed rezoning. Also, individual mailed notice still has to be provided to those affected landowners who reside outside the newspaper's circulation area. Also, the Supreme Court handed down a decision in County of Lancaster v. Mecklenburg County, N.C. 1993 N.C. LEXIS 403 (Sept. 10, 1993), after this article was published. In this case the court reaffirmed that evidentiary hearings are required for quasi-judicial zoning decisions. The court emphasized that it is the nature of the type of decision -- rather than what it is called in the ordinance or who makes it - -that controls whether this more formal decision - making process is required. Those zoning decisions that involve findings of fact and application of discretion (typically special- and conditional -use permits, variances, and appeals of administrative decisions) are quasi-judicial. The court in this case also addressed the standard for avoiding conflicts of interest in zoning decisions. The court held that with legislative zoning decisions, "where there is a specific, substantial, and readily identifiable financial impact on a member, nonparticipation is required. Additional considerations beyond these financial interests require nonparticipation in quasi-judicial zoning decisions. A fixed opinion that is not susceptible to change may well constitute impermissible bias, as will undisclosed ex parte communication or a close familial or business relationship with the applicant." Id. at _ Table 1 Key Differences between Legislative and Evidentiary Zoning Hearings Legislative Evidentiary Notice of Both newspaper notice and mailed notice to owners and neighbors are Only notice to parties to the matter is required Hearings required. unless ordinance mandates otherwise. Speakers at Number of speakers, time for speakers can be reasonably Witnesses presenting testimony can be limited Hearings limited. to relevant evidence that is not repetitious. None is required; members are Substantial, competent, material evidence must be put in the record; witnesses are under oath, Evidence free to discuss issue outside hearing. subject to cross- examination; no discussion of the case outside the hearing is allowed. Findings None are required. Written findings of fact are required. Detailed record of testimony is required; clerk Records Regular minutes are satisfactory. should retain all exhibits during period of potential appeal. Table 2 Summary of Requirements for Mailed Notice of Proposed Zoning Classification Actions Triggered by: ironing classification action Sent to: Owner of parcel and abutting parcels, as shown on county tax listing How mailed: First class Exceptions: Not required for total rezonings of entire jurisdiction (but even here must be sent to any property that is put in less intensive zone) Verification:' Certification to governing board of mailing to be provided by person making the mailing