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177 <br /> 4. What does quasi judicial process mean? <br /> Quasi-judicial decisions arise in a variety of local government settings. <br /> During a quasi-judicial hearing, the Board (i.e. BOCC or Board of Adjustment) responsible for <br /> rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn <br /> testimony presented at the public hearing and then makes a determination on whether the permit can be <br /> issued based on the competent, substantial, and material evidence presented. <br /> Put differently a quasi-judicial decision is one that requires the board hearing the matter to find facts and <br /> make decisions by applying those facts to the standards in the Unified Development Ordinance. <br /> 5. Who may speak or present evidence at the public hearing? <br /> Both individual applicants and those individuals supporting, or opposed to, the application are <br /> encouraged to attend. Individuals may represent themselves or be represented by an attorney and they <br /> may have expert witnesses testify for them. <br /> The cost for attorneys or expert witnesses is borne by the individual seeking counsel or expert <br /> testimony, not the County. The County will not pay for, or reimburse, expenses incurred by an <br /> individual in their quest to support or oppose a SUP application. <br /> While not required by State or County regulations, all parties with an interest in a SUP application are <br /> strongly advised to have an attorney represent them. <br /> Engineers, architects, real estate agents, planners and other non-attorneys may only appear as expert <br /> witnesses;they may not represent an applicant or those opposed to an application. <br /> Only those with standing may speak or present evidence. <br /> 6. What are the responsibilities of the applicant? <br /> The applicant bears the ultimate responsibility for producing and submitting competent, substantial, and <br /> material evidence for the body reviewing the application to conclude the proposal complies with <br /> applicable County regulations. <br /> If they fail to submit evidence demonstrating compliance,the request is denied. <br /> If, however, the applicant proves they comply, and there is insufficient evidence submitted to the board <br /> hearing the case demonstrating they do not comply, the applicant is entitled to have the application <br /> approved. <br /> 7. What standards must be met by the applicant? <br /> All applicants must show compliance with the General Standards for all SUPS, as detailed within <br /> Section 5.3.2 of the UDO, and any specific development standards associated within the proposed use. <br /> The General Standards, as contained in Section 5.3.2, read as follows: <br /> (a) The use will maintain or promote the public health, safety and <br /> general welfare, if located where proposed and developed and <br /> operated according to the plan as submitted; <br /> (b) The use will maintain or enhance the value of contiguous <br /> property (unless the use is a public necessity, in which case the <br /> use need not maintain or enhance the value of contiguous <br /> property); and <br /> (c) The location and character of the use, if developed according to <br /> the plan submitted, will be in harmony with the area in which it is <br /> to be located and the use is in compliance with the plan for the <br />