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33 <br /> opular Government Spring 1993 http://ncinfo.iog.unc.edu/planningtpgsp93.htm <br /> 5. 5. a zoning classification done as part of adopting a mandated water-supply watershed protection <br /> program. <br /> Where these five exceptions apply,a substitute notice is required in lieu of the individual mailed notice. <br /> The substitute notice consists of both publication of a half-page newspaper advertisement for four <br /> successive weeks and the posting of a prominent sign at the site of the proposed rezoning.Also, <br /> individual mailed notice still has to be provided to those affected landowners who reside outside the <br /> newspaper's circulation area. <br /> Also,the Supreme Court handed down a decision in County of Lancaster v. Mecklenburg County, <br /> N.C. 1993 N.C.LEXIS 403 (Sept. 10, 1993),after this article was published.In this case the court <br /> reaffirmed that evidentiary hearings are required for quasi-judicial zoning decisions.The court <br /> emphasized that it is the nature of the type of decision--rather than what it is called in the ordinance or <br /> who makes it--that controls whether this more formal decision-making process is required. Those zoning <br /> decisions that involve findings of fact and application of discretion(typically special-and <br /> conditional-use permits,variances,and appeals of administrative decisions) are quasi-judicial. The court <br /> in this case also addressed the standard for avoiding conflicts of interest in zoning decisions.The court <br /> held that with legislative zoning decisions, where there is a specific, substantial, and readily identifiable <br /> financial impact on a member,nonparticipation is required.Additional considerations beyond these <br /> financial interests require nonparticipation in quasi-judicial zoning decisions.A fixed opinion that is not <br /> susceptible to change may well constitute impermissible bias,as will undisclosed ex parte <br /> communication or a close familial or business relationship with the applicant."Id. at <br /> Table 1 <br /> Key Differences between Legislative and Evidentiary Zoning Hearings <br /> Legislative Evidentiary <br /> Notice of Both newspaper notice and mailed Only notice to parties to the matter is required <br /> Hearings notice to owners and neighbors are unless-ordinance mandates otherwise. <br /> required. <br /> Speakers at Number of speakers,time for Witnesses presenting testimony can be limited <br /> Hearings speakers can be reasonably to relevant evidence that is not repetitious. <br /> limited. <br /> None is required;members are Substantial, competent,material evidence must <br /> Evidence free to discuss issue outside be put in the record;witnesses are under oath, <br /> hearing. subject to cross-examination;no discussion of <br /> the case outside the hearing is allowed. <br /> Findings None are required. Written findings of fact are required. <br /> Detailed record of testimony is required;clerk <br /> Records Regular minutes are satisfactory. should retain all exhibits during period of <br /> potential appeal. <br /> Table 2 Summary of Requirements for Mailed Notice of Proposed Zoning Classification Actions <br /> Triggered by: Zoning classification action <br /> Sent to: Owner of parcel and abutting parcels, as shown on county tax listing <br /> How mailed: First class <br /> Exceptions: Not required for total rezonings of entire jurisdiction(but even here must be sent to any <br /> property that is put in less intensive zone) <br /> Verification: Certification to governing board of mailing to be provided by person making the <br /> mailing <br />