Agenda - 09-08-94 - Laserfiche WebLink

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3. a zoning classification action that directly affects article was published.In this case the court reaffirmed that more than fifty properties,with at least fifty differ- evidentiary hearings are required for quasi-judicial zoning ent property owners; decisions.The court emphasized that it is the nature of 4. a reclassification that is a zoning text amendment; the type of decision—rather than what it is called in the or- or dinance or who makes it—that controls whether this more 5. a zoning classification done as part of adopting a formal decision-making process is required.Those zoning mandated water-supply watershed protection pro- decisions that involve findings of fact and application of gram. discretion(typically special-and conditional-use permits, variances, and appeals of administrative decisions) are Where these five exceptions apply,a substitute notice quasi-judicial. The court in this case also addressed the is required in lieu of the individual mailed notice. The standard for avoiding conflicts of interest in zoning deci- substitute notice consists of both publication of a half- sions. The court held that with legislative zoning deci page newspaper advertisement for four successive weeks and the posting of a prominent sign at the site of the pro- posed rezoning. Also,individual mailed notice still has sions,`where there is a specific,substantial,and readily identifiable financial impact on a member,nonparticipa tion is required.Additional considerations beyond these to be provided to those affected landowners who reside financial interests require nonparticipation in quasi-judi- o ide the newspaper's circulation area. cial zoning decisions.A fixed opinion that is not suscep- Also,the Supreme Court handed down a decision in tible to change may well constitute impermissible bias,as County of Lancaster v.Mecklenburg County, N.C. will undisclosed ex parte communication or a close famil- . 1993 N.C. LEXIS 403 (Sept. 10, 1993), after this ial or business relationship with the applicant?Id.at_. 36 POPULAR GOVERNMENT Spring 1993