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Attachment 4 13 5 <br />Legislative i.e. rezoning) <br />Quasi - Judicial i.e. special use permit) <br />Can be: 1. Board of Adjustment, <br />Decision maker <br />Only governing board can make the <br />2. Planning Board, or <br />decision — other board's may advise Y v <br />3. Governing Board <br />Only notice to parties involved with the <br />petition is required unless local Ordinance <br />Notice of Hearing <br />Newspaper and mailed notice to adjoining <br />mandates. <br />property owners is required <br />Staff Note: Our Ordinance mandates <br />notification of adjacent property owners. <br />Can reasonable limit the number of <br />Individuals are presenting testimony (i.e. <br />Speakers at Hearings <br />speakers and limit the time they area <br />sworn statements and evidence). The Board <br />allotted to speak. <br />can limit any presentation to relevant <br />evidence that is not repetitious <br />None required. Members are free to <br />Speakers must present and enter substantial, <br />discuss issue outside of hearing and <br />competent, material evidence into the record. <br />Evidence <br />speakers at the hearing are not under oath <br />Witnesses are under oath and subject to cross - <br />or subject to cross - examination <br />examination. No ex -parte communication is <br />allowed. <br />Written findings of fact are required. The <br />Board making the decision must explicitly set <br />None is required, but the board making <br />forth what it determines to be the essential <br />the decision is required to issue a <br />facts that it is basing its decision on <br />statement addressing the proposals <br />The Board making the decision must also <br />Findings <br />consistency with local regulations and <br />make specific findings of fact and provide <br />that the public interests are served in <br />specific detail to inform all parties and a <br />either approving or denying the request. <br />reviewing court as to what induced the <br />decision. A conclusory statement that a <br />standard has, or has not, been met is <br />insufficient <br />A four -fifths (4/5) vote is required to approve <br />the application. In cases where a special or <br />Voting <br />Simple majority is required <br />conditional use permit is issued by a <br />governing board (i.e. BOCC) only a simple <br />majority is required. <br />Allowed subject to mutual agreement between <br />Conditions <br />Not allowed <br />the applicant and governing body agree. <br />