Public Hearings

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


LegislativeEvidentiary
Notice of HearingsBoth 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 HearingsNumber of speakers, time for speakers can be reasonably limited.Witnesses presenting testimony can be limited to relevant evidence that is not repetitious.
EvidenceNone 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