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Table 1 ing on a rezoning, Key Differences between Legislative and Evidentiary Zoning Hearings g g' special-use permit,r, es a and follow Local officials could learn one set of rules and follow Legislative Evidentiary them for all zoning hearings. But that is not the way things work, and there are good reasons that different Notice of Hearings Both newspaper notice Only notice to parties requirements must be followed for different types of and mailed notice to to the matter is zoning hearings. owners and neighbors required unless Because legislative zoning decisions such as a rezon- are required. ordinance mandates ing have such widespread impact,the state statutes au- otherwise. thorizing local government zoning require broad public Speakers at Hearings Number of speakers, Witnesses presenting notice of the proposed decision.The policy choices in a time for speakers can testimony can be zoning ordinance affect landowners,neighbors,business be reasonably limited. limited to relevant and industry,and all citizens concerned about the future evidence that is not character of the community.The statutes encourage full repetitious. public discussion and deliberation before these decisions Evidence None is required; Substantial, are made and leave substantial discretion in the hands of members are free to competent,material local elected officials regarding what these public policies discuss issue outside evidence must be put should be. hearing. in the record;witnesses In quasi-judicial zoning decisions(such as a variance are under oath,subject 'petition),on the other hand,while the hearing and de- to cross-examination; liberation must be open to the general public,the focus no discussion of the is on gathering relevant evidence and protecting the case outside the hearing is allowed. rights of the specific parties before the board. No new policies affecting the entire community are being Findings None are required. Written findings of fact created,so there is no need to broadly solicit public opin- are required. ion. But since the rights of the parties are being Records Regular minutes are Detailed record of determined,the courts have imposed fairly strict require- satisfactory. testimony is required; ments to assure an impartial decision based solely on le- clerk should retain all gitimately acquired and considered evidence.The courts exhibits during period further require a clear rationale for the decision,because of potential appeal. any appeal of the local board's decision to superior court will not result in a new hearing on the facts—the courts must use the record developed before the local board.An in the application of a zoning ordinance to an individual expeditious judicial review ensures that these required situation.These hearings are much like a court proceed- protections of individual rights have been observed. ing—witnesses present testimony, exhibits are submit- These different types of considerations result in dif- ted, detailed minutes are kept, and a formal written ferent statutory and constitutional due process require- decision is rendered.Legislative hearings are required for ments for the various types of zoning decisions. The legislative zoning decisions, while evidentiary hearings purpose of a hearing on a legislative zoning decision is are required for quasi-judicial zoning decisions, to gather public opinion;the purpose of a hearing on a Both types of hearings are open to the public and are quasi-judicial zoning decision is to gather evidence. intended to solicit comments, but they have different Therefore different types of notice are required,and dif- standards for the notice required prior to the hearing,as ferent types of hearings are conducted.(See Table 1 for well as for who can speak,what issues are appropriately a summary of differences between legislative and quasi- raised,the formality with which the hearing must be con- judicial zoning decisions.) ducted,and the records that must be maintained. When to Apply Both Sets of Rules Why Are There Different Rules? Local governments imposing special-or conditional. Matters certainly would be simpler if there were just use district zoning must be especially attentive to these one generic"zoning hearing"that could be used when- differences,because such district zoning involves simul- ever a city or county was required to hold a public hear- taneous application of a legislative zoning decision(the 28 POPULAR GOVERNMENT Spring 1993