(A) Generally.
(1) This subdivision applies to any application for a master development approval, CUP, variance, appeal, preliminary subdivision plat or any other action pursuant to this chapter that is considered quasi-judicial under state law. In making quasi-judicial decisions, decision-makers must investigate facts or ascertain the existence of facts, hold hearings, weigh evidence and draw conclusions from them, as a basis for their official action, and exercise discretion of a judicial nature. In the land-use context, these quasi-judicial decisions involve the application of land-use policies to individual properties as opposed to the creation of policy.
(2) These decisions involve two key elements:
(a) The finding of facts regarding the specific proposal; and
(b) The exercise of discretion in applying the standards of this chapter.
(3) Due process requirements for quasi-judicial decisions mandate that all fair trial standards be observed when these decisions are made. This includes an evidentiary hearing with the right of the parties to offer evidence; cross-examine adverse witnesses; inspect documents; have sworn testimony; and have written findings of fact supported by competent, substantial and material evidence.
(B) Conduct of hearing. Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative. Each person who appears at a public hearing shall take a proper oath and state, for the record, his or her name, address and, if appearing on behalf of an organization or group, the name and mailing address of the organization or group. The hearing shall be conducted in accordance with the procedures set forth in this section. At any point, members of the agency conducting the hearing may ask questions of the applicant, staff or public, or of any witness, or require cross-examination to be conducted through questions submitted to the chairperson of the agency who will direct the questions to the witness. The order of proceedings is as follows:
(1) The Code Enforcement Officer or designees shall present a description of the proposed development and the relevant sections of plans and ordinances involved, and set forth the legal or factual issues to be determined. A written or oral recommendation may be given at the opening of the hearing or, in complex cases, may be reserved by the Code Enforcement Officer or designee until the close of the hearing in order to review the testimonial and document any evidence. The recommendation shall address each factor required by the UDC to be considered prior to development approval;
(2) The applicant shall present such information or evidence that the applicant deems appropriate, subject to reasonable time limits established by the agency;
(3) Public testimony, including expert or lay witnesses on the applicant’s behalf, and relevant evidence shall be received;
(4) The Code Enforcement Officer or other staff member shall not respond to any statement made by the applicant or any public comment during the hearing, but may respond to questions from the agency concerning any statements or evidence received during the deliberations of the agency;
(5) The applicant may reply to any testimony or evidence presented by staff or the public; and
(6) The agency conducting the hearing shall close the public portion of the hearing and conduct deliberations.
(C) Board of Adjustment. An agency conducting a quasi-judicial hearing may appoint a Board of Adjustment to conduct the public hearing, make findings of fact and conclusions of law and file a report with such findings and conclusions to the agency for final action.
(Ord. 3020, passed 9-10-2013, § 4.6)