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Agenda - 5-a - Class A Special Use Permit – Solar Array off US Highway 70 in Cheeks Township
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Agenda - 5-a - Class A Special Use Permit – Solar Array off US Highway 70 in Cheeks Township
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211 <br />4: ff lial does quasi jud eial 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 Bears 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 fund Facts and <br />make decisions by applying those facts to the standards in the Unified Development Ordinance. <br />5. no may speak orapreseut evidence at thepr bUz 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 theta. <br />The cost for attorneys or expert witnesses is borne by the individuai seeping 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 diem. <br />Engineers, architects, real estate agents, planners and other non - attorneys may only appear as expert <br />witrnesses; they may not represent an applicant or those opposed to an application. <br />Only those with standing may speak or present evidence. <br />6. Meat 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 standar s mast be met by the applicant? <br />All appNeants must slow compliance with the General Standards for all SUPS, as detailed within <br />Section 5.3.2 of the UDD, 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 rise, 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 />
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