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ATTACHMENT TWO (2) LEGISLATIVE VERSUS QUASI JUDICIAL DECISIONS 6 <br /> Le islative Quasi-Judicial <br /> Can be: 1. Board of Adjustment, <br /> <br />Decision maker Only governing board can make the 2. Planning Board, or <br /> decision -other board's ma advise <br />Y <br />3. Governing Board <br /> Only notice to parties involved with the <br /> petition is required unless local Ordinance <br />Notice of Hearing Newspaper and mailed notice to adjoining mandates. <br /> property owners is required Staff Note: Our Ordinance mandates <br /> notification of adjacent property owners. <br /> Can reasonable limit the number of Individuals are presenting testimony (i.e. <br />Speakers at Hearings speakers and limit the time they area sworn statements and evidence). The Board <br /> allotted to speak. can limit any presentation to relevant <br /> evidence that is not repetitious <br /> None required. Members are free to Speakers must present and enter substantial, <br /> discuss issue outside of hearing and competent, material evidence into the record. <br />Evidence <br />speakers at the hearing are not under oath Witnesses are under oath and subject to cross- <br /> <br />or subject to cross-examination examination. No ex-parte communication is <br /> allowed. <br /> Written fmdings of fact are required. The <br /> Board making the decision must explicitly set <br /> None is required, but the board making forth what it determines to be the essential <br /> the decision is required to issue a facts that it is basing its decision on <br />Findings statement addressing the proposals The Board making the decision must also <br /> consistency with local regulations and make specific findings of fact and provide <br /> that the public interests are served in specific detail to inform all parties and a <br /> either approving or denying the request. 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 Simple majority is required conditional use permit is issued by a <br /> governing board (i.e. BOCC) only a simple <br /> majority is required. <br />Conditions Not allowed Allowed subject to mutual agreement between <br /> the applicant and governing body agree. <br />Judicial Review Two (2) months to file claim Thirty (30) days to file claim <br />