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179 <br /> subject. In this case it would not be considered as `competent' evidence and would be <br /> inadmissible. <br /> ii. Substantial evidence: evidence that which a `reasonable mind' would regard as <br /> sufficiently supporting a specific result. <br /> Would this persuade the average person to make a certain conclusion? Does it do more <br /> than speculate? <br /> iii. Material evidence: evidence that is relevant to the issue being considered. <br /> For example if a board is reviewing an application for a kennel (i.e. a place where <br /> dogs/cats are housed and cared for a period of time) an individual who is opposed may <br /> submit documentation denoting noise complaints from other kennels throughout Orange <br /> County. This could be construed as `material evidence'. <br /> Documentation denoting animals have died in kennels throughout the county and, as a <br /> result, this specific application should be denied is not relevant to the case at hand as it <br /> has no specific relationship to what is being proposed. This would be deemed immaterial <br /> evidence and would not be admissible. <br /> As a general rule, anyone with knowledgeable information(i.e. relevant) to the case may provide factual <br /> information, but only experts may provide opinion testimony. <br /> Even expert testimony must be competent (i.e. the expert has qualifications relevant to the issue) and <br /> material before the decision-making board can rely on it. <br /> Hearsay evidence is testimony that the witness does not know of his or her own personal knowledge, <br /> including that which someone else told the witness and the use or introduction of signed petitions and <br /> letters. <br /> The board may only hear testimony that focuses on the applicable standards and criteria established in <br /> the UDO. Unless they are a qualified expert, witnesses are not competent to testify about the impact of <br /> a proposed land use on the value of nearby property, the danger to public safety resulting from increases <br /> in traffic or other matters that require special training or expertise like the level of noise that will be <br /> generated. <br /> 13. Can conditions be imposed on a SUP? <br /> Generally,the board hearing the application may attach conditions to the approval of an SUP as it relates <br /> to compliance with applicable standards. For example, a condition may require the applicant to increase <br /> the size of a required setback or land use buffer in order to ensure the project complies with that specific <br /> standard as detailed within the UDO. The Board cannot impose conditions addressing an issue not <br /> related to an existing standard such as establishing hours of operation, color of buildings, etc. <br /> Conditions cannot require the applicant to take action with regard to a piece of property that is not a part <br /> of the application being considered, and conditions cannot require the alteration of a special use permit <br /> previously issued to a third party. <br /> 14.Is there a record of the proceedings? <br /> Complete records must be kept of the hearings. Detailed minutes must be kept noting the identity of <br /> witnesses and giving a complete summary of their testimony. Any exhibits presented are retained by the <br /> board and become a part of the file on that case. An audio recording of the hearing is also made. <br /> 15.How are parties notified of the decision? <br /> The board rendering a decision on the application is required to make a formal decision on the <br /> application (i.e. approve or deny) in writing and shall be based on the determination of facts and their <br /> application to the specific standards for the particular use and the general standards contained in the <br />