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Agenda - 10-19-1999 - 9d
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Agenda - 10-19-1999 - 9d
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5/15/2013 10:23:47 AM
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BOCC
Date
10/19/1999
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
9d
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Minutes - 19991019
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\Board of County Commissioners\Minutes - Approved\1990's\1999
ORD-1999-016 Proposed Zoning Atlas Amendment Z-3-9 Ernie McBroom
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\Board of County Commissioners\Ordinances\Ordinance 1990-1999\1999
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29 <br />Popular Government Spring 1993 http: // ncinfo. iog.unc.edu /planning/pgsp93.htm <br />outside of the hearing, and the like - -need not be observed. After all, with these hearings the governing <br />board is receiving comments, not hearing evidence. <br />The general statutory guidance for legislative public hearings is G.S. 160A -81 for cities and G.S. <br />153A -52 for counties. The statutes allow the governing board to <br />adopt reasonable rules governing the conduct of the public hearing, including but not limited to <br />rules (i) fixing the maximum time allotted to each speaker, (ii) providing for the designation of <br />spokesmen for groups of persons supporting or opposing the same positions, (iii) providing for the <br />selection of delegates from groups of persons supporting or opposing the same positions when the <br />number of persons wishing to attend the hearing exceeds the capacity of the hall, and (iv) <br />providing for the maintenance of order and decorum in the conduct of the hearing. <br />Therefore reasonable rules can be established to limit the number of speakers and the amount of time <br />each speaker is given, provided that the hearing is conducted in a fair and reasonable fashion.' An <br />example is provided in Freeland v. Orange County, 15 in which 500 citizens attended the required <br />public hearing on the adoption of zoning for the Chapel Hill township. The chair allotted one hour each <br />to the proponents and opponents of the zoning ordinance, with each side also having fifteen minutes for <br />rebuttal. Some sixteen proponents and fifteen opponents were heard. By a show of hands, it appeared <br />that those at the hearing were opposed to the adoption of zoning by a four -to -one ratio. About 200 <br />persons indicated that they wished to speak but were not allowed to because of the time limitation. The <br />court upheld this procedure, ruling that the legislative intent was to mandate a hearing and provide a <br />"fair opportunity" for those in attendance to present their views. The governing board is allowed, <br />however, to establish an "orderly procedure" for the hearing, as "[t]he General Assembly did not <br />contemplate that all persons entertaining the same views would have an unqualified right to iterate and <br />reiterate these views in endless repetition. "jl <br />Given that the purpose of a legislative hearing is to broadly solicit public opinion, there is no problem <br />with receiving petitions, hearing personal opinions, or with board members' talking to members of the <br />public about the issue prior to the hearing. This is an important distinction between a legislative hearing <br />and an evidentiary hearing. Also, unlike evidentiary hearings, no written findings of fact or explanation <br />of the decision is required. <br />Additional Hearings <br />A question frequently arises as'to whether readvertisement and rehearing are required if changes are <br />made in the proposed ordinance at or after the hearing. The general .rule is that an additional hearing is <br />required only if there are substantial changes in the proposal after the initial notice. <br />A.1971 case, Heaton v. City of Charlotte, set the standard for determining whether an additional hearing <br />is required. The court held: <br />Ordinarily, if the ordinance or amendment as finally adopted- contains alterations substantially <br />different (amounting to a new proposal) from those originally advertised and heard, there must be <br />additional notice and opportunity for additional hearing. However, no further notice or hearing is <br />required after a properly advertised and properly conducted public hearing when the alteration of <br />the initial proposal is insubstantial. Alteration of the initial proposal will not be deemed <br />substantial when it results in changes favorable to the complaining parties. Moreover, additional <br />notice and public hearing ordinarily will not be required when the initial notice is broad enough to <br />indicate the possibility of substantial change and substantial changes are made of the same <br />r" fundamental character as contained in the notice, such, changes resulting from objections, debate <br />and discussion at the properly noticed initial hearing: r 17 <br />In this instance, the court noted that the notice was broad enough to indicate that changes might be <br />made, the changes were consistent with the fundamental character of the noticed proposal, and the <br />changes were made as a result of comments received at the hearing. This led the court to conclude that <br />an additional hearing "could have resulted only in repetitive statements by the same parties or parties <br />
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