(A) Purpose. To provide an equitable and efficient manner for the city to hear matters which are considered quasi-judicial in nature. These procedures shall be utilized by the Board of Adjustment, Planning and Zoning Board, and the City Commission in regards to hearings on quasi-judicial matters in which their body is the final authority.
(B) Applicability. For the purposes of this section, the following matters, regardless of whether the final determination is made by the City Commission or a board, shall be considered to be quasi-judicial:
(1) Site specific zoning changes and site plans;
(2) Site specific land use amendments;
(3) Variances;
(4) Plat approvals;
(5) Special exceptions which relate to the use of land and businesses;
(6) Interpretations;
(7) Appeal of departmental LDC interpretation;
(8) Appeal of Planning and Zoning or Board of Adjustment decisions.
(C) Ex-parte (oral) communications.
(1) Ex-parte (oral) communications are not presumed prejudicial provided any disclosure required in divisions (C)(2), (C)(3) or (C)(4) of this section is made before or during the public meeting at which a vote is taken on the matter.
(2) The substance of any ex-parte communication with a local public official that relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record.
(3) A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record before final action on the matter.
(4) Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activity shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter.
(5) Notwithstanding the provisions of this section above, in quasi-judicial proceedings on local government land use matters, a person may not be precluded from communicating directly with a member of the decision making body by application of ex-parte communications prohibitions. Disclosure of such communications by a member of the decision making body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the decision making body. All decisions of the decision making body must be supported by substantial, competent evidence in the record pertinent to the proceedings, irrespective of such communications.
(D) Presentation of evidence.
(1) All persons testifying before a board or the City Commission must be sworn in. The petitioner, members of a board or the City Commission and any affected person who has provided notice that it intends to appear at the proceeding shall be given the opportunity to present evidence, bring forth witnesses, and cross-examine any witnesses.
(2) All evidence relied upon by reasonably prudent persons in the conduct of their business shall be admissible, whether or not such evidence would be admissible in a court of law. However, immaterial or unduly repetitious evidence shall be excluded.
(3) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding.
(4) Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, parties shall be given an opportunity to compare the copy with the original.
(5) A party shall be entitled to conduct cross-examination when testimony is provided or documents are made a part of the record.
(6) The office of the City Attorney shall represent the Board or the City Commission. Any questions as to the propriety and admissibility of evidence shall be presented to the City Attorney's office in a timely fashion.
(E) Conduct of proceedings.
(1) The proceedings shall be conducted in an informal manner. Each party shall have the right to do the following:
(a) To call and examine witnesses;
(b) To introduce exhibits;
(c) To cross-examine opposing witnesses on any relevant matter;
(d) To rebut evidence.
(2) To the extent possible, the following shall be the order of the proceedings:
(a) Call the proceeding to order and announce the beginning of the proceeding. A majority of the board or City Commission members must be continuously present during the proceeding.
(b) The matter to be heard and the rules concerning the admissibility of evidence should be announced.
(c) Statements of counsel shall only be considered as argument and not be considered as testimony. Counsel for parties shall not be subject to cross-examination. The board or the City Commission shall have the authority to refuse to hear any testimony which is irrelevant or repetitive.
(d) The Chair of the board or the City Commission shall have the option of determining the order of presentation of the parties in order to expedite the proceeding. During its presentation the city shall present any staff, board or other reports on the matter as well as any comments. These reports shall include, but not be limited to, a description of the request of the petitioner; a description of background related to the petitioner; an analysis which includes the consistency with the city comprehensive plan, if applicable, and how the petition does or does not meet the requirements of the City Code; a listing of the exhibits to be presented; a summary of the issues; and, the staff and boards' recommendations. These reports shall include specific findings in support of justifying a recommendation for approval or denial of the petition.
(e) The petitioner, or a representative, may make a presentation. If the petitioner chooses to make a presentation, it should include a description of the nature of the petition if there is additional information that has not been previously provided to or by the city. In addition, the petitioner shall introduce any exhibits and witnesses.
(f) Parties who are in support of the petition shall make their presentation. The parties shall introduce any exhibits and witnesses.
(g) Parties who are in opposition of the petition shall make their presentation. The parties shall introduce any exhibits and witnesses.
(h) City personnel in attendance shall provide responses to any party to the proceeding.
(i) After each witness testifies or documents are made a part of the record, a party shall be permitted to question the witness. The questioning party is not permitted to make any statements, only to ask questions which are directly related to the testimony presented.
(j) Final presentation by petitioner in response to any testimony from other parties.
(k) Final presentation by the city in response to any testimony from other parties.
(l) The board or City Commission shall deliberate on the petition. No further testimony shall be taken and the members of the board or the City Commission shall not ask further questions of persons presenting testimony. The board or the City Commission shall discuss the evidence that was presented at the proceeding and vote on the petition.
(F) Consent process.
(1) All applications for development approvals that are quasi-judicial matters which are required to be approved by the City Commission may be placed on the quasi-judicial consent agenda. If an application is not removed from the quasi-judicial consent agenda, the City Commission shall vote on the quasi-judicial consent agenda based upon the materials in the agenda report(s). Prior to placement on the quasi-judicial consent agenda, all applicants shall sign a notarized statement that the applicant concurs with the recommendations of the Planning and Zoning Board. If no notarized statement has been obtained from the applicant, then the development approval shall be heard and processed as set forth above.
(2) The applicant, any City Commissioner, or any member of the public may request that an application for a development approval be removed from the quasi-judicial consent agenda and, except as otherwise provided in division (F)(3) of this section, such item shall be continued to the quasi-judicial items portion of the meeting, or such other date and time, or both, as mutually agreed upon by the applicant and City Commission.
(3) The applicant may request that the City Commission listen to testimony, receive documentary evidence, and take action on the application at the meeting at which the application is removed from the quasi-judicial consent agenda.
(4) All applications for development approval which are placed on a quasi-judicial regular (non-consent) agenda or that have been removed from the quasi-judicial consent agenda shall be heard pursuant to and in accordance with the procedures set forth in divisions (D) and (E) of this section.
(G) Hearings in front of special magistrate; final determination. The city hereby establishes special magistrates who may conduct quasi-judicial hearings at the direction of the City Commission. Special magistrates shall conduct all hearings and render final determinations, all in conformity with the provisions of this LDC.
(H) Hearings in front of board or City Commission; final determination. In reaching a determination as whether to grant or deny the petition, the board or City Commission shall:
(1) Consider whether the petitioner's request is consistent with the city comprehensive plan, if applicable.
(2) State with specificity the reasons for the approval or denial of the petition. The approval or denial may by reference incorporate the staff, board or other reports.
(3) State whether or not the order is to be recorded in the public records of Broward County, and if applicable, that the cost of recording shall be paid by the petitioner.
(I) Preparation of order. The City Attorney's office shall prepare the final order of the board or City Commission based upon the determination. The special magistrate shall prepare the final order for matters before them. The final order shall include, but not be limited to, the finding of facts, any conditions, requirements or limitations on the approval of the petition, and whether or not the order shall be recorded in the Broward County public records. If an ordinance is required to be adopted upon approval of an action by the City Commission, a final order will not be prepared unless the petition is denied.
(J) Continuances and deferrals. If, in the opinion of the board or City Commission, any testimony or documentary evidence or information presented at the proceeding justifies providing additional time to allow additional research or review in order to properly determine the issue presented, the board or City Commission shall continue the case to a designated time to allow for the additional research or review. After the decision is made to continue, the date to which the proceeding shall be continued shall be announced at the proceeding.
(K) Transcript of proceedings. The official transcript of a proceeding shall be preserved by tape recording or other device by the City Clerk's office. Nothing precludes any party from providing a court reporter for the proceeding.
(L) Maintenance of evidence. The Office of the City Clerk shall retain all of the evidence and documents presented at the proceeding, except for large scale exhibits which shall be retained by the City Manager or a designee, all which become part of the public record of the proceeding.
(M) Appeals. The final determination of the City Commission is subject to judicial review in a court of competent jurisdiction.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)