HomeMy WebLinkAbout1998 06 17 Other Item A
CITY OF WINTER SPRINGS, FLORIDA
'126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
Community Development
III. A.
BYLAWSffiULES OF PROCEDURE FOR THE P&Z
BOARD/LPA
STAFF REPORT:
Changes to the Bylaws portion of the document have been made at the request of the
Board.
NOTE: The tape recorder did not function correctly at the May 6th meeting when
changes were requested.
Bob Guthrie, Interim City Attorney, plans to attend the June 17th meeting to discuss the
Rules of Procedure part of the document.
CITY OF WINTER SPRINGS, FLORIDA
LOCAL PLANNING AGENCY
PLANNING AND ZONING BOARD
BY -LAWS IN THE CONDUCT OF MEETINGS
AND BUSINESS OF THE BOARDS
PURPOSE AND INTENT
It is the purpose and intent of these By-Laws to set forth a uniform set of rules of
procedure whereby the City of Winter Springs Planning and Zoning Board/Local
Planning Agency may regulate the manner in which it elects officers, conducts meetings,
and otherwise carries out its designated functions. The Planning & Zoning Board shall
consist of five (5) members having designated seats one (1) through five (5) with such
numbers corresponding with the City Commission seat. Each member shall be a citizen
and registered voter of the City. The Planning & Zoning Board shall serve as the Local
Planning Agency, It is further the intent of these By-Laws to serve as a guideline in the
conduct of the business and affairs pertaining to the Planning & Zoning Board I Local
Planning Agency,
ARTICLE I
GENERAL GOVERNING STATUTES, ORDINANCES,
AND RULES
The Planning and Zoning Board/Local Planning Agency shall be governed by all of the
following statutes, ordinances, and rules:
1.1, Applicable State Statutes and Local Ordinances and Rules.
To the extent that they remain in force and effect, as they are amended, or as they
may be added to, the board and its members and officers shall be governed by
state statutes and local ordinances including the following:
a. State statutes applying generally to public boards, members, and officials,
including:
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*
*
*
*
Article I, Section 24, Florida Constitution
Chapter 112 F.S. "Public Officers and Employees"
Chapter 119 F.S. "The Public Records Law"
Chapter 286 F.S. "Govemment-in-the-Sunshine Law"
b. State statutes relating to activities of Planning and Zoning Boards and
Local Planning Agencies in relation to planning and zoning, including:
*
*
*
163.3174 F.S. "Local Planning Agency"
Chapter 187 F.S. "State Comprehensive Plan"
Chapter 163 Part II "Local Government Comprehensive Planning
and Land Development Regulation Act"
Chapter 166 "Municipal Home Rule Power Act
*
c, Ordinances and rules of the City of Winter Springs generally affecting its
local boards and officials, including:
*
*
*
*
*
Sec. 20-51 City Code "Zoning"
Chapter 9 City Code "Land Development"
Chapter 15 City Code "Planning"
Chapter 16 City Code "Signs and Advertising"
Chapter 8 City Code "Flood Damage Prevention"
d. The Zoning Ordinance ofthe City of Winter Springs:
*
Chapter 20 City Code "Zoning"
e. The Rules ofthe Board, as set forth herein.
1.2. Requirements for adherence with State Statutes and Local Ordinances and Rules
Affecting the Board.
Upon taking office, all members of the board should familiarize themselves with
the foregoing, and, while in office, members should maintain such knowledge,
including knowledge of amendments and additions, and shall be strictly governed
thereby in the conduct of board affairs.
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1.3, Rules of the Board to be Available to Public in Board Office.
A certified official copy of rules of the Board, in current form, shall be available
in the office of the board as a public record. Additional copies shall be provided
to members of the board and made available to the public on request, but the
official copy in the board's office shall govern. No amendment to these rules
shall become effective until incorporated in the official copy.
1.4. Board Office.
The office of the Board shall be at Winter Springs City Hall, 1126 East State
Road 434, Winter Springs, FL 32708. The office hours are normally from 8:00
a.m. to 5:00 p.m. weekdays, except legal holidays.
ARTICLE II DUTIES
The Planning and Zoning Board I Local Planning Agency shall, among other things,
assimilate existing plans, programs, and policies; statistical and other factual data;
recognized planning principles and standards; citizen needs, desires, attitudes and any
other information deemed necessary to formulate and make recommendations on
matters involving the Comprehensive Plan and Land Development Regulations.
2.1. The Planning and Zoning Board shall have the general responsibility to:
2.1.1. Act in an advisOl)' capacity to the City Commission on questions relating
to zoning; the boundaries of the various original zoning districts and
appropriate regulations to be enforced therein; review and make
recommendations on applications for amendments to the Zoning
Ordinance to the City Commission. Said recommendations shall state
whether or not said amendment is consistent with the adopted
Comprehensive Plan or element or portion thereof.
2.1.2. Review and make recommendations to the City Commission on site plan,
subdivision, PUD development proposals, annexations to the City
Commission.
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2.2. The Local Planning Agency (LPA) shall have the general responsibility for the
conduct of the comprehensive planning program. Specifically, the LPA
shall:
2.2.1. Be the agency primarily responsible for the preparation of the
comprehensive plan or plan amendment and shall make recommendations
to the governing body regarding the adoption or amendment of such plan.
During the preparation of the plan or plan amendment and prior to any
recommendation to the City Commission, the LPA shall hold at least one
public hearing, with public notice, on the proposed plan or plan
amendment. The City Commission in cooperation with the LP A may
designate any agency, committee, department, or person to prepare the
comprehensive plan or plan amendment, but final recommendation of the
adoption of such plan or plan amendment to the City Commission shall be
the responsibility of the LP A.
2.2.2. Monitor and oversee the effectiveness and status of the comprehensive
plan and recommend to the City Commission such changes in the
comprehensive plan as may from time to time be required, including
preparation of the periodic reports (Evaluation and Appraisal Reports)
required by 163.3191 F.S.
2.2.3. Review proposed land development regulations, land development codes,
or amendments thereto, and make recommendations to the City
Commission as to the consistency of the proposal with the adopted
comprehensive plan, or element or portion thereof. To conduct
investigations on matters or proposals to change land development
regulations.
ARTICLE III MEMBERS
3.1. Number of Members; Appointment; Qualifications; Tenns; Compensation;
Procedure for Removal; Procedure for Filling Vacancies; and Tenns of
Members Appointed to Fill Vacancies.
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3.2
Number of members and ~s; Appointment; qualifications; tenns;
compensation; procedure for removal; procedure for filling vacancies; and
tenns of members appointed to fill vacancies shall be provided in:
*
*
Sec. 20-52 Zoning Ordinance
Sec. 20-53 Zoning Ordinance.
3.2. Cause for Removal from Board.
Causes for removal of members (including alternates) from the Board by the
City Commission shall include malfeasance, misfeasance, or nonfeasance, as
defined by law, generally, and in particular may include:
a. Failure to attend three (3) meetings, ~...-brJk'c~, within
any twelve (12) month period of time.
b. Failure to disclose conflict of interest, as defined by either state law or the
legal definitions including percentages.
*
Chapter 286 F.S. "Govemment-in-the-Sunshine Law".
*
Chapter 112 F.S. "Standards of Conduct for Public Officials".
3.3. Resignations, Generally, and by Absence.
When members propose to resign, if reasonably feasible, they shall give notice
of their intent to the chainnan or secreta!)', or make the date of resignation
effective, in such a manner as to allow time for appointment of replacements.
3.4. Vacation of Office.
When a member dies or resigns, the secreta!)' shall promptly indicate to the City
Commission that a vacancy exists. When a member becomes incapacitated for
office pennanently or for what appears likely to be a protracted period, or
moves from the jurisdiction, or becomes for any other reason no longer
qualified for office, and fails to resign, the chainnan shall cause any necessa!)'
investigation to be made and if appropriate shall declare the office vacant, and
the secreta!)' shall promptly indicate to the City Commission a vacancy exists.
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ARTICLE IV OFFICERS, COMMITTEES, STAFF, DUTIES
4.1. Regular Election of Chairman, Vice-Chainnan; Provisions for Contingencies;
Continuation of Service Until Successors Take Office.
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4.1.1. Annually, as the)aBt1tem on the agenda at the regular meeting of the
Board in the month of August, the Board shall elect a chairman and vice-
chainnan. If such regular meeting is cancelled or a quonun is lacking, the
election shall be held as soon thereafter at the next regular meeting
provided that if no such election is held within 60 days of the date when
generally required, the secretary shall notifY the City Commission, which
shall appoint a chairman and vice-chairman to serve lll1til an election can
be held. The prior chairman and acting chainnan shall remain in office
lll1til their successors take office at the next regular or special meeting
following their election or appointment.
4.1.2. If the chairman resigns his office or becomes no longer a member of the
Board, the vice-chainnan shall succeed him in office for the remainder of
the tenn. If the vice-chairman resigns his office, becomes no longer a
member of the Board, or succeeds to the chairman's office, a special
election shall be held at the next regular meeting of the Board to select a
vice-chairman to complete the tenn. Provided that if such regular meeting
is one immediately preceding the regular election, the Board may permit
the office of vice-chairman to remain vacant for the period, provided any
duties to be perfonned by the vice-chairman in the intervening period can
be perfonned in a satisfactory manne~.
4.2, Duties ofChainnan and Vice-Chainnan; Appointment of Temporary Chairman
to Preside at Meetings.
4.2.1. Presiding at Meetings.
4.2.1.1. If present and able, the chairman shall preside at all meetings, hearings,
and workshops. If the chairman is absent or tillable to preside, the vice-
chairman shall preside. If both are absent or lll1able to preside, the
members present shall appoint a temporary chairman to preside.
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4.2.1.2. In accordance with these and other applicable rules, the presiding officer
shall decide all points of procedure or order, unless otherwise directed by
a majority of the members in attendance on motion duly made and passed.
He shall maintain order and decorum, and to that end may order removal
of disorderly or disruptive persons. He shall administer oaths to all
witnesses, or arrange for such oaths to be administered.
4.2.2. Other Responsibilities and Duties of Chairman; Delegation to Vice-
Chairman.
The chainnan shall have further duties and responsibilities, as indicated
below. He may delegate specific duties generally to the vice-chairman or
may authorize the vice-chainnan to perfonn specific duties, dwing his
absence from the jurisdiction or in case of his other disability to perform
necessary Board functions in a timely manner. The vice-chairman shall
perform all duties so delegated, and in case of absence or incapacity of the
chairman, 9ff'ap~..ey- m~ty4,dre ~ shall perfonn any or all
duties of the chairman whether or not delegated.
4.2.3. Managerial Responsibilities.
Subject to these rules and further instmctions from the Board, the
chairman shall direct the official business of the Board, supdvise the work
of the secretary as it relates to the affairs of the Board, tequest needed
assistance, confer with the City Manager on work of the staff,
4.2.4. Reporting to the Board; for the Board.
The chairman shall report to the Board on all official transactions which
have not otherwise come to the attention of the Board. The chairman shall
also make or cause to be made any reports concerning the affairs of the
Board required or requested by the City Commission.
4.3. Appointment of Secretary.
4.3.1. Appointment.
The Secretary to the Board shall be appointed by the City Manager and
-r
shall be a member of the City staff.
4.3.2. Duties of the Secretary.
The Secretary shall in general attend to all correspondence of the Board;
send out or cause to be published all notices required; attend all meetings
of the Board and all hearings (except when excused by the chairman of the
Board and with temporary services arranged); compile all required
records; maintain the necessary schedules, files; and generally perform all
clerical work of the Board. In particular:
4.3.3. Minute Book; Minutes a Public Record.
The Secretary shall maintain a minute book which shall be kept posted to
date. In the minute book shall be recorded the Board's proceedings,
showing attendance and all absences, ~indi~,as--Ae- whether
~es~ ~ed.enmpettsed..By J;h0-cl~ and disqualification
of members, the record of its examinations and all other official actions,
and the vote of each member voting on every question. The minutes of the
Board shall be a public record, kept in the office of the Staff member
serving as Secretary to the Board.
4.3.4. TIle Secretary shall transmit to the City Commission in writing~ the
recommendations of the Planning and Zoning Board/Local Planning
Agency.
4.3.5. Notification of Expiration ofTenns of Members; Vacancies.
The secretary shall notifY the board member sixty (60) days in advance of
term expiration. At least sixty (60) days prior to expiration of terms of
members, and as promptly as feasible where a member resigns with a
deferred effective date or when a member's office is vacated, as provided
at Section 2.4 of these rules, the Secretary shall notifY tile City
Commission that a vacancy exists and request the appointment of a
successor.
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4.4. Staff to the Board.
The Board shall have access to the information and staff of all the departments
of the City government on such a basis as these departments are able to render
assistance to the Board; provided, however, .the Community Development
Coordinator and Land Management Specialist shall serve as the primary
professional staff of the Board.
4.5. Legal COlillsel.
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The City Attorney ~all provide legal advice requested by the Board through the
City Manager to the Board as to matters under its jurisdiction and may assist in
interrogating witnesses. Advice of counsel#be ~ceived and entered in the
minutes before disposition of any question <~v~ or matter requiring legal
interpretation or advice.
ARTICLE V CONDUCT OF BOARD MEMBERS, STAFF
5.1. Representation of Applicants.
No member of the Board, or of its staff, shall represent applicants on matters on
which the Board is to make detenninations.
5.2, Conflict of Interest.
Board members shall disclose any conflict of interest as defined by state law,
and shall disclose any known or apparent conflict to the Board. Staff to the
Board shall disclose any conflict of interest as defined by state law, and shall
disclose any known or apparent conflict to the Board.
5.3. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and
Determination.
No member shall discuss the case with any other parties prior to the public
hearing, or express any bias, prejudice, or individual opinion on proper
judgement of the case prior to its hearing and detennination. Violation of this
rule may be grounds for dismissal from the Board.
L"'\)
(b)
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5.4. Members Not to Vote Unless Present at Public Hearing.
No Board member shall vote on any matter, deciding an (or a continued)
application or appeal, except after attending the public hearing on the (or
continued) application or appeal.
ARTICLE VI
APPLICATIONS; FILING; TIME LIMITS; INFORMATION
REQUIRED; EFFECTS OF FAILURE TO PROVIDE REQUIRED
INFORMATION; ORDER AT HEARINGS; PUBLIC NOTICE;
DECISIONS.
6.1. Powers of the Board; Limitations; Procedures, Generally.
The Board shall have all and only such powers as are delegated to it by state
enabling legislation and by the Zoning Ordinance and shall exercise such powers
only in the manner, for the purposes, and in accordance with the procedures set
forth therein.
6.2. Filing Applications; Forms.
All applications shall be filed with the Conllmmity Development Department on
forms approved by the Board. In addition to infonnation required to identify
persons and property involved, date and time of filing, and the like, such forms
shall make reference to other requirements of application indicated in Chapter 9
"Land Development".
6.3. Preliminary Detenninations on Applications Submitted for Filing; Deficiencies in
Information Supplied.
When applications are submitted for filing, they shall be examined for
completeness and accuracy, and particularly to detennine whether all information
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necessary to make determinations has been supplied as per requirements of
Chapter 9 "Land Development". Where information is lacking or inadequate at
time of submission and the deficiency cannot be remedied immediately, the
applicant shall be notifiedAin writing as to the nature and extent of such
deficiency/, ar,-l ....... c.;L S~{-
rllv<<- "'- (~~".lli . -) I
-.u -.I:.;; I'" . . . . .
une'tmuts on Piit'tlc'Heanngs, Notlce, DecIsIons.
6.4.
6.4.1. Applications should be heard at public meetings within thirty (30) days of
the date of review by the Development Review Committee, and decided at
the same meeting, at the next regular meeting of the Board, or at a special
public meeting prior to such regular meeting, but in any event within
thirty-six (36) days of the meeting at which the hearing on the particular
case was concluded.
6.4,2. Timing and manner of publication of public notice for such hearings shall
be as provided in the Zoning Ordinance in Sec. 20-59 City Code, Chapter
9 City Code, 9J-I1.003 F.A.C. as may be appropriate depending on the
natlrre of the case. In addition, at least 10 days in advance of the hearing,
written notice shall be given to parties in interest and to other persons
required by the ordinance to be specially notified.
ARTICLE VII MEETINGS, HEARINGS, GENERALLY.
1.1 ".A ~ r Lc.-c...J .J
7.1. Regular Meetings. fi~: (",-,\.....-w -...,...... \r -.
'"
Regular meetings of the Board __ 7:00 p.m. at the City Hall City
Commission Chambers on e first and third W esday of the month; provided
that such meetings may be he er convenient place and time if directed
by the chainnan within a reasonable time in advance of the meeting or upon a
finding that such other location would serve public convenience or necessity.
7.2. Special Meetings.
7,2.1. Special meetings for any purpose may be held at the call of the chairman,
or by three (3) members of the Board. At least forty-eight (48) hours
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written notice of the time and place of any special meeting shall be given
by the Secretary except where written waivers of notice are filed by all
members required to provide a quorum and in attendance at such meeting.
7.2.2. Call of a special meeting at a specified time and place and for specified
purposes at a regular meeting shall be notice thereof as to members in
attendance at such regular meeting, but other members shall receive
written notice thereof.
7.2.3. If a special meeting is called on a case or cases subject to notice of
hearing, the required notice provisions for the hearing shall be met.
7.3. Recess or Adjournment.
Any regular or special meeting may be recessed or adjourned from day to day,
or to the time of any previously announced regular or special meeting, and such
recess or adjournment to a time and place certain shall not require additional
public notice.
7.4. Cancellation.
If no business is scheduled before the Board, or if it is apparent that a quorum
will not be available, any meeting may be cancelled by having the secretary give
notice to all members before the time set for such meeting.
7.5. Quonun.
A quorum of the Board shall consist of three (3) members.
7.6. Public Meetings of the Board; Notice; Other Activities of the Board; Schedule.
7.6.1.
All meetings of the Board involving hearing of evidence and/or decisions
of the Board shall be public, with reasonable notice as required by law.
7.6.2.
Meetings for the conduct of other business of the Board, including trips for
viewing premises, shall require fonnal public notice, and shall be
scheduled at least seven (7) days in advance, with the schedule posted in
the Lobby of City Hall and mailed to the Board.
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7.7. Agenda, Order of Business.
The City staff shall prepare an agenda and supporting materials for each Board
meeting. Order of business shall be as follows:
I. CALL TO ORDER
Roll Call
Pledge of Allegiance
Approval of Minutes
II. REGULAR AGENDA ITEMS
ill. UNFINISHED BUSINESS
IV. FUTURE AGENDA ITEMS
V. ADJOURNMENT
The Chairman, if there is no objection or with the concurrence of the Board,
may consider items on or added to the agenda in any order for the convenience
of the public or the Board.
ARTICLE VIII.
PROCEDURES AT PUBLIC HEARINGS
8,1. Rules of Procedure.
8.1.1. The Rules of Procedure set forth below are applicable to the Board when
serving in a Quasi-Judicial capacity concerning zoning/comprehensive
plan related matters. For non-Quasi-judicial matters, the rules of procedure
for the conduct of meetings shall follow Robert's Rules of Order.
8.1.2. The definition of "Quasi-Judicial" and "zoning/comprehensive plan related
matter" are fOlmd in Appendix "A" of this document.
8.2. Conduct of Board Involving a Quasi-Judicial Proceeding.
See Appendix "B" and Appendix "C"
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8.3. Who May Appear or Be Represented.
At the hearing, any person may appear or be represented by authorized agents or
attorneys. Such agents or attorneys shall present competent substantial evidence
of extent of their authorization.
8.4. Witnesses to Testify Under Oath.
All witnesses to material facts shall testify under oath, to be administered by the
chair. Such oath administered shall state: Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth ?
8.5. Order for Presenting Evidence.
I. The chair, or such persons as he/she may direct, describes the nature of
the case, and evidence available to the Board is presented, including staff
reports.
2. The applicant or authorized representative may outline the nature of the
request prior to introducing evidence. The chair may restate the case if
this initial statement needs clarification.
3. Applicant presents evidence.
4. Objectors cross-examine.
5. Board members examine witnesses for applicant's side.
6. Objectors present evidence.
7. Applicants cross-examine.
8. Board members examine witnesses for objector's side.
9. Rebuttal by applicant.
10. Rebuttal by objectors.
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8.6. Evidence.
The Board shall not be bound by strict rules of evidence, not limited to
consideration of such evidence as would be admissible in a court of law, but it
may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony
or evidence. The chair shall rule on all questions relating to the admissibility of
evidence, but may be overruled by a majority of the Board members present.
[See Appendix A and C]
8.7. Conduct During Hearings; Interrogations.
During the hearing, each side shall proceed without interruption by the other.
All argwnents and pleading shall be addressed to the chair. There shall be no
questioning or argument between individuals in the 'audience. The chair or Board
members, counsel to the Board, or staff may direct any questions to the applicant,
witnesses, or any person speaking from the audience, to bring out pertinent facts,
The chair or Board members may call for pertinent facts from the staff, or make
appropriate comments pertinent to the case. No Board member should debate or
argue with persons in the audience.
ARTICLE IX FINDINGS AND DECISIONS
After conclusion of the hearing on the matter, within the time limits set by Section 5.4
of these Rules, the Board shall examine the evidence before it in relation to findings
required and make its decision. More particularly:
9.1. Timing of Decisions.
With due consideration to the length of the agenda, the nature of the case, the
complexity of the evidence, and the findings required, the chair may elect, subject
to being overruled by a majority of the Board in attendance on motion duly
passed:
a. To proceed immediately to detennination and decision on conclusion of
the hearing in the particular case, or
b. To defer determination and decision until later in the same meeting, or
c. To defer detennination and decision until a specified special or regular
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meeting of the Board within the time limit set by these Rules.
9.2. Findings and Decisions.
All such decisions of the Board shall be made at a public meeting by motion
made and seconded and by roll call vote. The motion shall be in the form of
findings off act and shall state the reasons for the findings by the Board.
[See Appendix C]
ARTICLE X
NOTIFICATION OF DECISION
Notice of the Board decision shall be given to the applicant and to other interested
parties who have requested such notice, by the Board (designated city staff) as soon
as reasonably possible after the decision is reached, but within twenty (20) days.
ARTICLE XI RECORDS OF CASES
11.1. Content of Records of Individual Cases.
The decision of the Board shall be shown in the record of the case. Such
record shall show the reasons for the determination, with a swnmary of the
evidence introduced and the findings offact made by the Board.
11.2.
Records to be Entered in Minutes of the Board; Advance Distribution of
Draft Minutes to Board Members; Approval; Authentication.
11.3
Such record shall be entered in the minutes of the Board. A draft of proposed
minutes containing such records shall be transmitted to each Board
member at least five (5) days in advance of the meeting at which they are
to be considered for approval. Following approval, as submitted or as
t amended, the minutes shall be acknowledged as to accuracy .hY the
signature of the chairman.
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ARTICLE XII
REQUESTS TO WITHDRAW APPLICATIONS;
TO DEFER OR CONTINUE HEARINGS
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12.1. Withdrawal.
On written request from the applicant, or authorized agent, an application
may be withdrawn at any time before the Board makes its decision in the
case. If such request is made less than five days before the scheduled
publication of the public notice, limitations on resubmittal of substantially
the same application shall be the same as in the cases where applications
are denied.
12.2, Deferrals and Continuances,
On its own motion, or on approval of requests by applicants, or their
authorized agents, the Board may defer the hearing of cases or provide for
later continuance of cases on which hearings have begun. Such deferrals
or continuances shall be permitted only for good cause, stated in the
motion, and unless time and place is stated, shall require new public
notice.
ARTICLE XIII AMENDING OR WAIVING RULES
These rules may be amended by a majority of the entire membership of the Board
except where such amendment would be contrary to requirement or limitation set by
state law or the Zoning Ordinance. An amendment may be proposed at any regular
meeting of the Board, and shall not be acted upon lmtil the following regular meeting,
Notice of a proposed change to these rules shall be given by submitting the
amendment to the Board at the previous meeting of the one at which it is to be
considered.
ARTICLE XIV
UNADDRESSED SITUATIONS AND CONTENT
For those situations and content that are not addressed by these rules, then the
procedures and requirements of Robert's Rules of Order shall apply,
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APPENDIX "A"
DEFINITIONS
APPLICATIONS -
ARBITRARY AND CAPRICIOUS - means a standard used by courts to review
appeals ofIand use decisions. If a decision is not supported by facts, it will be arbitrary
and capricious.
APPEARANCE OF FAIRNESS DOCTRINE - Actions which create a true or
false impression that a local official is not being fair when making a land use decision.
Examples of actions that may violate the appearance of fairness include unrevealed ex-
parte contact, personal or monetary interest in the outcome of a request, unfair
hearings, pre-judgment and apparent hostility or favoritism toward a party.
BOARD - means the City of Winter Springs Planning and Zoning Board and Local
Planning Agency.
CASE - A zoning/comprehensive plan related matter involving a public hearing
where the Board considers site-specific zoning changes, site-specific comprehensive
plan amendments, and other site-specific development orders based on the Board's
findings.
COMPETENT SUBSTANTIAL EVIDENCE - means sufficiently relevant and
material evidence a reasonable mind would accept as adequate to support a conclusion.
CROSS EXAMINATION - Asking questions of a witness who has previously
testified for the other side. The questioning is done by one representing the opposing
position.
DIRECT EXAMINATION - Asking questions of a witness by someone
advocating the same position.
EX-PARTE CONTACT - Ex Parte contacts are tllOse tllat happen outside the
hearing between decision maker and an opponent or proponent of a land use proposal.
Ex Parte contacts may violate the Appearance ofPaimess doctrine.
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EXPERT - means a person who is qualified in a subject matter by knowledge, skill,
experience, training, or education.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Written sections of a
formal decision that explain the basis for the decision. Findings of Fact are based on
the facts presented at the hearing, and Conclusions of Law apply legal criteria to the
facts presented.
INTERESTED PARTY - means an individual, corporation, business or land trust,
estate, trust, partnership, association, or other legal entity whose interest may be
adversely affected by the Board's action.
PERSONAL INTEREST - When a local official has something to gain or lose by
a land use decision. Personal interests may include land ownership, employment
opportunities, business competition, family relationships and financial interests.
Inappropriate personal interests may disqualify one from participating in a decision.
PROCEDURAL DUE PROCESS - The process used to reach a decision on a
land use request. It includes everything that occurs from the time an application is filed
lmtil the final decision is made.
SITE SPECIFIC - means a zoning/comprehensive plan related matter which has an
impact on a limited number of persons or property owners and include identifiable
parties and interests. Specifically not included is comprehensive rezoning or
comprehensive plan changes affecting a large portion of the public.
QUASI-JUDICIAL PROCEEDING - A process where a decision maker must
make a choice between competing positions and where the outcome will have a greater
impact on one group of citizens than on the public generally. Quasi-Judicial differs
from legislative proceedings in that legislative proceedings impact the community as a
whole. A local official may hear and decide both legislative and quasi-judicial matters.
The procedural requirements for land use decision making imposed by the courts
apply only to quasi-judicial matters.
QUASI-JUDICIAL - is determined by the essential nature ofthe Board's actions.
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(a) The Board's actions are Quasi-Judicial providing:
I. an interested party is provided notice and hearing;
ii. judgement ofthe Board is contingent on the consideration of
evidence made at a hearing;
Ill. the Board adjudicates private rights of a particular person
after a hearing; and
iv. the Board's decision can be viewed as policy application
rather than policy setting.
(b) Quasi-Judicial shall include public hearings where vanances,
special exceptions, site specific zoning changes, site-specific land use
amendments or other site-specific development orders are considered.
(c) Quasi-Judicial does not include comprehensive rezorung or
comprehensive plan changes affecting a large portion of the public.
RELEVANCY - refers to the nature of testimony and evidence offered during a
public hearing on a specific application. If testimony or evidence do not directly apply
to the decision at hand, it is irrelevant and should not be considered in making the
decision.
RIGHT TO BE HEARD - An element of procedural due process that allows every
person an opporttmity to present relevant written or oral testimony.
RULES OF EVIDENCE - Refers to a large body oflaw that seeks to control what
can be relied on to reach a decision and what cannot be relied on. The Rules of
Evidence are relaxed in land use hearings, but are useful references in tile event there is
a dispute about the evidence presented.
SUBSTANTIVE DUE PROCESS - Refers to the impact of the decision or
regulation on an individual's property rights. It is violated by decision making that is
arbitrary and capricious or irrational, or that does not serve a legitimate governmental
purpose.
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THE RECORD - All of the testimony, documents, written materials, displays and
other items that are received by the decision makers during the course of public
hearing. A complete and tmderstandable record is an essential element of procedural
due process. Failure to maintain such a record can invalidate a quasi-judicial
proceeding.
ZONING/COMPREHENSIVE PLAN RELATED MATTER - means a public
hearing where the Board considers site-specific zoning changes, site-specific
comprehensive plan amendments, and other site-specific development orders.
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APENDIX "B"
CONDUCT OF THE BOARD
1. EX-PARTE COMMUNICATIONS: Ex-Parte communications are
presumptively prejudicial because they are inherently improper and are anathema
to Quasi-Judicial proceedings. As such:
a. All communications involving Board business must occur at the
public hearing. Outside the public hearing, Board members are prohibited from
discussing Board business with all interested parties and/or their representative,
lobbyists, other Board members, or any other third party.
1. In the event a Board member receives a written Ex-Parte
communication, that Board member shall immediately submit the written
communication to City staff so that it can be placed on file and any interested
party can have an opportunity to review its contents.
b. Board members may discuss Board business with City staff for the
purpose of clarifYing facts. However, Board members are prohibited from
discussing the merits of Board business with City staff.
c, If a Board member knows or has reason to know that an individual
or other entity may become an interested party at a future date, that Board
member is prohibited from discussing Board business with that party and/or their
representative, lobbyists other Board members, or any other third party.
d. Board members are prohibited from polling other Board members
to attempt in any way to arrive at a consensus of the members.
2. PERSONAL KNOWLEDGE: Board members may use their own
personal knowledge in deciding a specific case before the Board. However, such
personal knowledge should be recited in and made part of the record in a timely
manner which provides and opporttmity for refutation by an interested party.
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3. VOTING OF MEMBERS: Any Board member who was absent from a
prior meeting in which a specific case was heard shall review the record of the
prior proceeding and such review shall be acknowledged by the Board member on
the record prior to taking a vote with respect thereto.
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APENDIX "C"
EVIDENTIARY REQUIREMENTS
I. BURDEN OF PROOF: The burden of proof in Quasi-Judicial hearings
concerning zoning/comprehensive plan related matters shall be in accordance with
all applicable local, state, and federal law. However, notwithstanding the abo>re"" ~~i"')
~, the burden of proof shall lie as follows:
a. The initial burden is on the landowner to demonstrate that his
petition or application for use of privately owned lands (rezoning, site plan
approval, etc.) complies with the reasonable procedural requirements of the
Zoning Ordinance and that the proposal is consistent with the Comprehensive
Plan'
,
b. Upon such showing by the landowner, the burden shifts to the
Board to demonstrate that maintaining the existing zoning/land use classification
with respect to the property accomplishes a legitimate public purpose (not
arbitrary, discriminatory, or wrreasonable);
c. After such showing by the Board, the landowner's only recourse is
to assert and prove that the actions of the Board in denying the petition or
application are confiscatory and thereby constitutes a taking.
2. BASIS FOR BOARD DECISION MAKING: The Board is not required
but encouraged to make findings of fact in a Quasi-Judicial proceeding involving a
zoning/comprehensive plan related matter. However, the following shall be
applicable in the Board's decision making process:
a. All interested parties should be given a full and fair opportunity to
express their views.
b, The Board must have before it competent substantial evidence to
support its findings and judgment which also must be in accord with essential
requirements oflocal, state, and federal law.
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c. While the Board should hear the objections of interested parties, the
Board's judgment must be based on the facts adduced, and not on the mere polling
of interested parties.
i. The fimction of a quasi-judicial board is to make a
detennination on the basis of facts adduced and upon relevant principles rather
than conduct a plebiscite of the neighbors.
ii. The merits of an application should prevail over the
disgruntlement ofloud, vociferous objectors.
3. LAYMAN AND EXPERT WITNESSES: The following rules of
evidence shall serve as a Board's guideline when detennining how much weight
should be afforded the testimony received in a Quasi-Judicial proceeding.
a.
unless:
General. The Board shall not consider the testimony of a witness
i. the witness has personal knowledge of the fact in which the
witness will testifY to, and
ii. in the case of testimony consisting of opinions or inferences,
the testimony is qualified tmder paragraph 3.b. or 3.c.
b, Lavman Witnesses. Testimony of a witness other than an expert
witness is qualified under this paragraph (b) only if:
i. the witness cannot readily, and with equal accuracy and
adequacy, cOlrummicate what he perceived to the Board without testifYing in the
form of opinions or inferences; and
ii. the opinions and inferences do not reqUIre a special
knowledge, skill, experience or training.
c. Expert Witnesses. Testimony of an expert witness is qualified
under this paragraph ( c) only if the Board detennines:
,.2:::>
1. whether the subject matter is proper for expert testimony
because scientific, technical, or other specialized skill will help the Board
understand the evidence being presented, or help to establish a fact in issue; and
ii. whether the witness is adequately qualified to express an
opinion on the matter.
d. Qualifying a Witness as an Expert. For purposes of paragraph (c)
of this section, a witness is qualified as an expert witness only if the Board
detennines so in accordance with the following procedure:
i. an interested party has the burden of requesting, and this
request shall be made prior to proffering the testimony, the Board to make a
detennination the witness is an expert;
11. by majority vote, th Board will detennine whether the
witness satis he criteria in 3.c. s
Ill. if the Board detennines the witness is qualified to testifY as
an expert, the witness will testifY and be cross-examined for the record and the
Board may give weight and consideration to the expert's opinion.
iv. if the Board detennines that the witness does not qualifY to
testifY as an expert, or if an interested party fails to request the Board to detennine
the qualifications of the expert in accordance with tIus paragraph, the witness may
still testifY and be cross-examined for the record, however, tIle Board shall not
give any weight or consideration to the opinion ofthe witness.
4. QUALIFICATIONS OF CITY STAFF. City staff members testifYing
before a Board in a Quasi-Judicial proceeding must:
a. state for the record their qualifications, or
b. place on record a resume listing their qualifications.
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