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53 <br />4. What floes quasi judicial process nrean? <br />Quasi-judicial decisions arise in a variety of local government settings. <br />During a quasi-judicial hearing, the Board (Le, 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 /tearing? <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 />