Agenda - 05-29-2012 - C1 - Laserfiche WebLink

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55 Attachment 4 Legislative i.e. rezoning) Quasi- Judicial i.e. special use permit) Can be: 1. Board of Adjustment, or Decision maker Only governing board can make the decision — other board's may advise 2. Governing Board Notice of Hearing Newspaper and mailed notice to adjoining Same requirement property owners is required Can reasonable limit the number of Individuals are presenting testimony (i.e. Speakers at Hearings speakers and limit the time they area sworn statements and evidence). The Board allotted to speak. can limit any presentation to relevant evidence that is not repetitious None required. Members are free to Speakers must present and enter substantial, discuss issue outside of hearing and competent, material evidence into the record. Evidence speakers at the hearing are not under oath Witnesses are under oath and subject to cross - or subject to cross- examination examination. No ex -parte communication is allowed. Written findings of fact are required. The Board making the decision must explicitly set None is required, but the board making forth what it determines to be the essential the decision is required to issue a facts that it is basing its decision on Findings statement addressing the proposals The Board making the decision must also consistency with local regulations and make specific findings of fact and provide that the public interests are served in specific detail to inform all parties and a either approving or denying the request. reviewing court as to what induced the decision. A conclusory statement that a standard has, or has not, been met is insufficient A four -fifths (415) vote is required to approve the application. In cases where a special or Voting Simple majority is required conditional use permit is issued by a governing board (i.e. BOCC) only a simple majority is required. Conditions Not allowed Allowed subject to mutual agreement between the applicant and governing body agree.