(A) A quasi-judicial matter is a proceeding in which a quasi-judicial board gives notice and an opportunity to be heard to aggrieved or adversely affected persons, investigate facts, ascertain the existence of facts, hold hearings, weigh evidence, draw conclusions from the facts, and apply the law to the facts. Quasi-judicial matters include, but may not necessarily be limited to, the following:
(1) Site specific rezoning of land which rezoning will have an impact on a limited number of persons or property owners where the decision is contingent on fact(s) arrived at from distinct alternatives presented at a hearing and where the decision can be functionally viewed as policy application rather than policy setting;
(2) Applications for conditional uses or amendments thereto;
(3) Hearings on Code Enforcement violations by the Code Enforcement Board or Special Magistrate for Code Enforcement;
(4) Applications for preliminary and final plats;
(5) Variances from the application of the Land Development Code;
(6) Appeals from an administrative determination of the Director of Growth Management or any city official interpreting the provisions of the Land Development Code; and
(7) Hearings on applications for disability or service retirements before the Board of Trustees of the Palm Bay Police Officers and Firefighters Pension Fund.
(B) For all quasi-judicial matters which require more than one (1) reading, the first reading shall constitute the quasi-judicial proceeding. Once a decision is rendered to grant or grant with conditions the relief sought by the applicant, then the second reading shall be procedural in nature with the Quasi-Judicial Body ratifying and affirming its prior decision. If new evidence is introduced which, if brought to the attention of the Quasi-Judicial Body at the first reading, would have had a material impact on its decision, the Quasi-Judicial Body may re-open the quasi-judicial hearing. If the Quasi-Judicial Body re-opens the quasi-judicial hearing, it shall be scheduled for a date and time certain and provide notice to all parties.
(Ord. 2015-22, passed 5-7-15)