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Agenda - 09-08-94
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Agenda - 09-08-94
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BOCC
Date
9/8/1994
Meeting Type
Work Session
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Agenda
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3. a zoning classification action that directly affects article was published.In this case the court reaffirmed that <br /> more than fifty properties,with at least fifty differ- evidentiary hearings are required for quasi-judicial zoning <br /> ent property owners; decisions.The court emphasized that it is the nature of <br /> 4. a reclassification that is a zoning text amendment; the type of decision—rather than what it is called in the or- <br /> or dinance or who makes it—that controls whether this more <br /> 5. a zoning classification done as part of adopting a formal decision-making process is required.Those zoning <br /> mandated water-supply watershed protection pro- decisions that involve findings of fact and application of <br /> gram. discretion(typically special-and conditional-use permits, <br /> variances, and appeals of administrative decisions) are <br /> Where these five exceptions apply,a substitute notice <br /> quasi-judicial. The court in this case also addressed the <br /> is required in lieu of the individual mailed notice. The standard for avoiding conflicts of interest in zoning deci- <br /> substitute notice consists of both publication of a half- sions. The court held that with legislative zoning deci <br /> page newspaper advertisement for four successive weeks <br /> and the posting of a prominent sign at the site of the pro- <br /> posed rezoning. Also,individual mailed notice still has <br /> sions,`where there is a specific,substantial,and readily <br /> identifiable financial impact on a member,nonparticipa <br /> tion is required.Additional considerations beyond these <br /> to be provided to those affected landowners who reside financial interests require nonparticipation in quasi-judi- <br /> o ide the newspaper's circulation area. cial zoning decisions.A fixed opinion that is not suscep- <br /> Also,the Supreme Court handed down a decision in tible to change may well constitute impermissible bias,as <br /> County of Lancaster v.Mecklenburg County, N.C. will undisclosed ex parte communication or a close famil- <br /> . 1993 N.C. LEXIS 403 (Sept. 10, 1993), after this ial or business relationship with the applicant?Id.at_. <br /> 36 POPULAR GOVERNMENT Spring 1993 <br />
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