The Lincoln County Board of Commissioners and Lincoln County Planning Board host two types of zoning public hearings. A summary of the what hearings fall into each category as well and the key differences between the two is located below.
Standard Proceedings (Legislative)
Applicable cases: Zoning Map Amendments (ZMA), Zoning Text Amendments (ZTA), Conditional Zoning (CZ), Planned Development (PD), Major Site Plan
Quasi-Judicial Proceedings (Evidentiary)
Applicable cases: Conditional Use Permit (CUP), Parallel Conditional Use Rezoning (PCUR), Variance (VAR), Plat Approval (PA)
Key Differences in Types of Hearings
|Notice of Hearings||Both newspaper notice and mailed notice to owners and neighbors are required.||Only notice to parties to the matter is required unless ordinance mandates otherwise. Lincoln County uses the notice procedure established for legislative hearings.|
|Speakers at Hearings||Number of speakers, time for speakers can be reasonably limited.||Witnesses presenting testimony can be limited to relevant evidence that is not repetitious.|
|Evidence||None is required; members are free to discuss issue outside hearing.||Substantial, competent, material evidence must be put in the record; witnesses are under oath, subject to cross-examination; no discussion of the case outside the hearing is allowed.|
| Findings||None are required.||Written findings of fact are required.|
| Records||Regular minutes are satisfactory.||Detailed record of testimony is required; clerk should retain all exhibits during period of potential appeal.|
Table reproduced from "Zoning Hearings: Knowing Which Rules Apply" a product of David Owens & the University of North Carolina, Institute of Government.
Further information on zoning hearing proceedings can be obtained by contacting the Planning & Inspections Department, (704)736-8440 or by visiting the North Carolina Institute of Government's website here.
Conflicts of Interest