Some Key Differences Between Legislative
and Quasi-Judicial Zoning Decisions
|
Legislative |
Quasi-Judicial |
Decision-maker |
Only governing board can decide (others may advise) |
Can be board of adjustment, planning board, or governing board |
Notice of hearing |
Newspaper and mailed notice to owners and neighbors required |
Only notice to parties required unless ordinance mandates otherwise |
Type of hearing |
Legislative |
Evidentiary |
Speakers at hearings |
Can reasonably limit number of speakers, time for speakers |
Witnesses are presenting testimony, can limit to relevant evidence that is not repetitious |
Evidence |
None required; members free to discuss issue outside of hearing |
Written findings of fact required |
Voting |
Simply majority, but ¾ required if protest petition filed or rezoning |
4/5 to decide in favor of applicant, but if special/conditional use permit is issued by governing board, only a simple majority required |
Standard for decision |
Creates standard |
Can only apply standards previously set in ordinance |
Conditions |
Not allowed |
Allowed if based on standard in ordinance |
Time to initiate judicial |
Two months to file challenge |
30 days to file challenge |
Conflict of interest |
Requires direct financial interests |
Any financial interest or personal bias disqualifies |
Creation of vested right |
None |
Yes, if substantial expenditures are made in reliance on it |
Source: David Owens, Institute of Government