Quasi-Judicial Process Standards
Category Three (3) Communication Facility Permits, Special Use Permits, Vested Rights, Variances,
Public Hearing. Before taking any action, the appropriate Zoning Board of Adjustment (ZBA) shall
hold a public hearing (quasi-judicial) on the application, in accordance with established
procedures for quasi-judicial hearings.
Newspaper none required.
Mailed Notice. The owner of that parcel of land (related to the application) as shown on the
County tax listing, and the owners of all parcels of land abutting that parcel of land as shown on
the County tax listing, shall be mailed a notice of a public hearing on the proposed amendment by
first class mail at the last addresses listed for such owners on the County tax abstracts. This notice
must be deposited in the mail at least ten (10) but not more than 25 days prior to the date of the
public hearing. The person or persons mailing such notices shall certify to the ZBA that fact, and
such certificate shall be deemed conclusive in the absence of fraud.
Posted Notice. The County shall post one or more prominent signs on or immediately adjacent to
the subject area reasonably calculated to give public notice of the hearing. In the event that more
than one (1) parcel is involved, at least one (1) sign shall be posted in a central location; however,
the Zoning Administrator may post multiple signs. Said sign(s) shall be posted at least ten (10)
days prior to the hearing.
Conflict of Interest. A member of the ZBA shall not participate in or vote on any quasi-judicial
matter in a manner that would violate affected persons constitutional rights to an impartial
decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed
opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte
communications, a close familial, business, or other associational relationship with an affected
person, or a financial interest in the outcome of the matter. If an objection is raised to a members
participation and that member does not recuse himself or herself, the remaining members shall by
majority vote rule on the objection.