Orange County NC Website
Browse       Search
:)pular Government Spring 1993 http://ncinfo.iog.=c.edulplanning/pgsp93.htm <br /> 25 <br /> Zoning Hearings: <br /> Knowing which Rules to Apply <br /> David W. Owens <br /> This material is copyrighted by the Institute of Government Any form of copying for other than the Individual user's <br /> personal reference without express permission of the Institute of Government Is prohibited Further distribution of this <br /> material is strictly forbidden,including but not limited to,posting,e-mailing,faxing,archiving in a public database, <br /> redistributing via a computer network or in a printed forte <br /> Aimed with petitions,lapel pins,and lawyers,200 agitated citizens crowd into the courthouse to voice <br /> their objection to a proposed rezoning. They have been writing and calling the county commissioners <br /> ever since the notice of the hearing appeared in the local paper a few weeks ago. How should this <br /> hearing be conducted?Must everyone be allowed to speak for as long as he or she wants?May the board <br /> consider the strong personal opinions.it is about to hear?What about the petitions and the calls the <br /> commissioners got last week?If the board decides on a compromise that gives petitioners only part of <br /> what they want,is another hearing required?When it comes time to make a decision,does the board <br /> have to justify its conclusion? <br /> Consider another situation. On the same night,a few miles away, a city council is holding a hearing on a <br /> special-use permit application for a controversial project. This hearing room is also packed with angry <br /> neighbors,and the council members have to struggle with most of the same questions,plus a few more. <br /> Does everyone who speaks need to be under oath?Does there have to be a transcript of the hearing? <br /> Since the city's zoning ordinance calls for this decision to be made by the city council instead of a board <br /> of adjustment, can informal procedures be used? <br /> The answers are different in these two situations.They illustrate the two different types of zoning <br /> hearings,which have different purposes and rules of conduct.Because both types are commonly called <br /> "public hearings,"the difference is confusing to those attending as well as those conducting the hearings. <br /> Zoning decisions can profoundly affect landowners,neighbors,and the entire community--often with a <br /> significant impact on property values,the character of neighborhoods,and even the future quality of <br /> community life--so the law imposes special requirements to assure the opportunity for full and open <br /> discussion of proposed zoning decisions. These requirements go well beyond what is required for most <br /> other city and county ordinances. <br /> This article distinguishes the two main types of zoning hearings and lays out the ground rules for how <br /> each should be conducted.W <br /> Types of Zoning Decisions <br /> Local governments are called upon to make myriad zoning decisions,ranging from a planning board's <br /> decision to recommend adoption of an initial zoning ordinance to a zoning enforcement officer's <br /> decision to issue a notice of violation when the terms of the ordinance have not been followed. <br /> Two types of zoning decisions--legislative and quasi judicialal--require formal public hearings. <br /> Legislative zoning decisions affect the entire community by setting general policies applicable <br /> through the zoning ordinance. They include decisions to adopt,amend,or repeal the zoning <br /> ordinance(including the zoning map). <br /> Quasi-judicial decisions involve the application of zoning policies already established in the <br /> ordinance to individual situations--for example,variances, special-and conditional-use permits <br /> (even if issued by the governing board),appeals,and interpretations. Quasijudicial decisions <br />