The enforcing official and persons designated by the city council for such purpose, shall administer and enforce the provisions of this land development code.

The enforcing official shall be charged with the duty of making inspections, approving plans and specifications, issuing permits and certificates of occupancy, maintaining records of applications, permits and certificates, and taking any and all steps or actions necessary to enforce the provisions of this land development code.

It shall be the duty of the enforcing official to record all amendments to the zoning maps on the maps in sequence, giving the amendment number, date authorized, date of map change and description of change. This map shall be kept in possession of the city clerk, and posted in a conspicuous place at all times. Any development approval certificate must carry the number of that amendment.

A.

No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land or water, which is not in conformity with all the provisions of the land development code.

B.

No license or permit shall be issued by the enforcing official or by any department, agent or official of the city for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve in any way, or constitute, a violation of this Code.

A.

No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have first been obtained for such work. For purposes of this section, the terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, kind or class of occupancy, light or ventilation, or means of ingress and egress, or other changes affected or regulated by the building code or this Unified Land Development Code, except for minor repairs or changes not involving any of the features mentioned in this section.

B.

In applying for a building permit, the applicant shall submit site development plans in accordance with the provisions contained in article 10 of this Code.

No building or structure not completed in substantial conformity with plans and specifications upon which the building permit for its construction was issued shall be maintained or be permitted to remain unfinished for more than six months after the construction of such building was begun, except under such conditions and for such period as may be determined as reasonable by the enforcing official, which approval shall be based upon conformity with, and promotion of, the spirit and purpose of this Code.

A.

The issuance or granting of a permit or approval of plans and/or specifications under this Code shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give the authority to violate or cancel the provisions of this Code shall be valid except insofar as the work or use which it authorizes is lawful.

B.

The issuance of a permit upon plans and specifications shall not prevent the enforcing official from thereafter requiring the correction of errors in the plans and specifications or from preventing building operations being carried on thereunder when in violation of this Code or any other regulation of the city.

For the purpose of enforcing the provisions of this Code, the enforcing officials shall have the right of entry onto private property and into private buildings, at any reasonable time, whenever such officials find such entry necessary for the proper discharge of their duties under this Code. Any person refusing or obstructing such entry shall be guilty of a violation of this Code.

A record of all certificates issued pursuant to the provisions of this Code shall be kept on file in the office of the enforcing official, and copies of such certificate shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

Where it is found that any of the provisions of this Code are being violated, the person responsible for such violation shall be given notice in writing. Such notice shall indicate the nature of the violation and the action necessary to correct or abate the violation. The enforcing official shall order discontinuance of use of land or buildings, removal of buildings, additions, alterations or structures, or discontinuance of any work being done, or take any and all other action necessary to correct violations and obtain compliance with all the provisions of this Code.

In addition to other remedies, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, land or water is used in violation of this land development code, or of any regulation made under authority conferred by this land development code, the proper local authorities of the city may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building or structure, land or water, or to prevent any illegal act, conduct, business, or use in or about such premises.

The DRC shall be comprised of members consisting of the director or manager, or their designee, of the public works, utilities, fire, and other departments and agencies as necessary. The city administrator may serve as the chairman or may appoint a chairman from the membership who shall be responsible for facilitating the activities of the DRC. The DRC shall be responsible for reviewing development applications, site development plans, subdivision plats, applications requiring planning and zoning board, board of adjustment and city council action, and any other matters designated in this Code.

A board of adjustment is hereby created and established, to consist of seven members, each to be appointed by the city council. In making appointments, the city council may appoint any or all of the members of the planning and zoning board to serve as members of the board of adjustment, and to serve jointly in the two capacities.

The term of office of each member of the board shall be three years, except for the filling of vacancies. The terms of all appointments, except to fill vacancies, shall begin on July 1. Each member of the board shall serve until the expiration of his term or until his or her successor is appointed and takes office. Vacancies on the board shall be filled as provided in Section 40 of the City Charter for the balance of the unexpired term. Members of the board shall be citizens of the city and shall hold no elected city office. As provided in Section 40 of the City Charter, members shall receive no compensation for their service. Any member of the board may be removed from office for cause by a majority vote of the city council. Repeated absences from board meetings shall be deemed adequate cause for removal.

The board of adjustment shall elect a chair, vice-chair and secretary from its membership, and shall adopt rules of procedure for the conduct of its meetings, which shall be subject to the approval of the city council.

Meetings of the board of adjustment shall be called by the chair, or upon the written request of any two members of the board. All meetings of the board shall be open to the public. Four members of the board shall constitute a quorum for the conduct of its business. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and all other official actions, which shall be filed immediately in the office of the board. All files, minutes and records of the board shall be public records. In all cases, the board shall decide either in favor of or against the applicant. Each decision of the board must be approved by a majority vote of the members present at a meeting in which a quorum is present and voting.

The board of adjustment shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files and other evidence pertinent to the matter before it.

The board of adjustment shall have the following duties and none others:

A.

The board shall hear and decide cases where it is alleged there is an error in any order, requirement, interpretation, decision, or determination made by an administrative official in the enforcement of this Code. Nothing contained in this section shall be deemed to require the board to reverse or modify an order, requirement, decision or determination which conforms to this land development code.

B.

The board shall have the power to hear and decide, variances from the development standards established by this Code, which will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in unnecessary hardship, and so that the spirit and intent of this Code shall be observed and substantial justice done. Variances granted by the board shall be the minimum necessary to provide a reasonable use of the property. A variance may only be granted for height, area, size of structure or size of yards and open spaces, or other dimensional requirements. The board shall not be empowered to hear and decide requests for variances to permit a use of land, buildings, or structures which are not permitted by right in the zoning district involved.

All decisions of the board of adjustment are final. Any person or persons aggrieved by any decision of the board of adjustment, may, within 30 days after the date of the public hearing at which the decision was rendered, but not thereafter, apply to the courts for relief in the manner provided by the laws of the State of Florida.

There is hereby created and established a city planning and zoning board as provided in Section 40 of the City Charter.

The city planning and zoning board shall consist of seven members appointed by the city council. The term of office of each member of the board shall be three years, except for the filling of vacancies. The terms of all appointments, except to fill vacancies, shall begin on July 1. Each member of the board shall serve until the expiration of his term or until his successor is appointed and takes office. Vacancies on the board shall be filled as provided in Section 40 of the City Charter for the balance of the unexpired term. Members of the board shall be citizens of the city and shall hold no elected city office. As provided in Section 40 of the City Charter, members shall receive no compensation for their service, but may be reimbursed for actual expenses incurred in the performance of their duties. Any member of the board may be removed from office for cause by a majority vote of the city council. Repeated absences from board meetings shall be deemed adequate cause for removal.

State Law reference— Per diem and travel expenses of public officers, F.S. § 122.061.

An organization meeting of the planning and zoning board shall be held on July 1 of each year, or as soon thereafter as practicable, for the purpose of electing officers for the ensuing year. A chair, vice-chair and secretary shall be elected for terms of one year by the board from its membership. The board shall adopt reasonable rules of procedure to govern the conduct of its business and the holding of hearings. Meetings of the board shall be called by the chair, or upon the written request of any two members of the board. Four members shall constitute a quorum of the board for its meetings. The board shall keep a permanent record of its proceedings. All meetings, records and files of the board shall be open and available to the public.

(Ord. No. 1035, § 1(Exh. A), 2-20-2018)

State Law reference— Public meetings and records generally, F.S. § 286.011; all meetings of local planning agency are public, F.S. § 163.3174(5)).

A.

As provided in Section 40 of the City Charter, the planning and zoning board may utilize the services of such technical, clerical and other help, as well as expert consultants, as may be authorized or budgeted by the city council.

B.

All employees and officials of the city shall supply information and assistance upon request by the board reasonably within the scope of their duties.

C.

The board may call upon individuals, groups or organizations for information or advice.

The functions and duties of the planning and zoning board shall be in general, as follows:

A.

The planning and zoning board shall consider applications for Comprehensive Plan amendments and shall make recommendations to the city council.

B.

The planning and zoning board shall study and review the zoning map and provisions of the Unified Land Development Code and, from time to time, propose and recommend to the city council changes, modifications or amendments thereto.

C.

The planning and zoning board shall consider applications for a change in zoning and make a recommendation to the city council.

D.

The planning and zoning board shall have the authority to review and recommend special approval requests to the city council which are specifically designated as an "S" in the table of land uses, article 4, Table 4.10.01, of this Code.

E.

The planning and zoning board shall have the authority to review site plans as provided in this Code.

F.

Review and decide preliminary subdivision plat requests in relation to the city Comprehensive Plan, the zoning ordinances and the subdivision regulations.

G.

Review proposed final subdivision plats in relation to the city Comprehensive Plan, the zoning ordinances, the subdivision regulations, and the approved preliminary plat and make recommendations on the approval of such subdivision plats to the city council.

H.

The planning and zoning board shall consider applications for developments of regional impact (DRI) and make a recommendation to the city council.

I.

Compile information and data and carry on studies and investigations on all phases of the development and improvement of the city and its environs, as may be necessary for the proper performance of the board's duties.

J.

Annually, or upon its own motion, or at the request of the city council, review the city Comprehensive Plan in relation to proposed or needed revisions to the plan.

K.

Investigate, report and make recommendations to the city council on all proposed vacations, dedications and changes in rights-of-way for streets and alleys, all acquisitions of property for public purposes, all sales or dispositions of public property and all allocations of public property for public or private use.

L.

Annually draw up, with the advice and assistance of other appropriate city officials, a five-year and reserve capital improvements program showing the recommendations of the board for major public improvements and their priorities.

M.

Perform such other duties as may be appropriately assigned to the board by the city council.

The planning and zoning board shall act as the local planning agency pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, pt. II, and shall perform all functions and duties prescribed by statute.

A.

The city council shall make final decisions to adopt and amend the Comprehensive Plan.

B.

The city council shall make final decisions to adopt and amend the Unified Land Development Code.

C.

The city council shall make final decisions on requested changes to the zoning map.

D.

The city council shall make final decisions on developments of regional impact (DRI).

E.

The city council shall hear and decide special approval requests, which have first been considered by the planning and zoning board, in order to allow uses that are specifically designated as an "S" in the table of land uses, article 4, Table 4.10.01, of this Code.

F.

The city council shall hear and decide site plan review requests, as provided in this Code.

G.

The city council shall make final decisions on final subdivision plats and acceptance of public improvements constructed pursuant to the approved subdivision plat.

H.

The city council shall consider and decide voluntary annexation requests.

I.

The city council shall make final decisions on requests to redirect traffic and to close, abandon, or vacate alleys, streets, and other recorded rights-of-way.

J.

The city council shall consider and decide requests to vacate plats and replats.

K.

The city council shall consider the merits to waive the time limits for planning and zoning board consideration for rezoning applications previously denied by the planning and zoning board.

L.

The city council shall decide requests for off-street parking space and access waivers.

M.

The city council shall appoint members of the planning and zoning board and board of adjustment.

N.

The city council shall determine the need for and appoint members of additional boards, committees and subcommittees to investigate and make decisions on various land use and development issues.

A.

Terms and definitions. See section 11.14.08 for all applicable terms and definitions which pertain to the regulations and standards contained herein.

B.

Establishment, composition and terms. The historic preservation commission shall consist of five members who shall be appointed by the city council. Members need not be residents or owners of businesses that are within the city, but preference shall be given to individuals who reside or have a principal place of business in the city. Where possible, at least one member shall be chosen from among the disciplines of architecture, history, architectural history, archaeology, landscape architecture or planning. A minimum of two additional members of the commission shall be experienced in the areas of commercial development, real estate, banking or law. The two remaining members shall be citizen members at large. All members shall have demonstrated a special interest, experience or knowledge in historic preservation or closely related disciplines.

Members of the commission shall serve three-year terms. Of the initial appointments, three members shall be appointed for a term of three years and two members shall be appointed for a term of two years. Vacancies on the commission, including expired terms, shall be filled within 60 days by persons with the same background as the original appointee, or related field, in order to maintain the desired commission makeup.

The commission shall hold a minimum of four meetings per year at regular intervals. All meetings of the commission shall be publicly announced and will have a previously advertised agenda. The meetings shall be open to the public.

Persons serving on the commission are encouraged to attend educational meetings or workshops to develop a special interest, expertise, experience or knowledge in preservation, architecture, or quasi-judicial boards.

C.

Procedures and quorum. The commission shall conduct itself in accordance with the State of Florida's Government in the Sunshine Law, F.S. § 286.011, and adopt rules of procedures, subject to any limitations prescribed by law. The rules of procedures shall be available for public inspection upon request. Three members shall constitute a quorum for the transaction of business.

The commission shall select a chairman and other officers and shall prescribe their duties and powers. Planning and zoning staff shall attend all meetings, acting in an advisory capacity and participating fully in commission discussions, but having no right to vote. The commission shall keep minutes of its proceedings, record the vote on each question and keep records of its discussions, recommendations and other official actions. Summary minutes will be prepared and made available to the public after adoption by the commission.

D.

Removal. Any member of the commission may be removed by majority vote of the city council.

E.

Powers and duties of the commission. The commission shall have the following powers and duties within the incorporated city limits of Arcadia, Florida:

1.

To recommend to the city council the following:

a.

Nomination of properties and districts to the National Register of Historic Places, as a required duty of being a certified local government;

b.

Nominations of properties and districts to the Arcadia Register of Historic Places;

c.

Adoption, modification, or replacement of a Design Guidelines Handbook;

2.

To hold public hearings and to approve or deny applications for certificates of appropriateness or certificates of economic hardship affecting proposed or designated properties or properties within districts;

3.

To advise and assist owners of properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the National Register of Historic Places;

4.

To call upon available city staff members as well as other experts for assistance and/or technical advice;

5.

To authorize a member of the commission to testify before a board or commission on any matter affecting historically, culturally, archaeologically, and architecturally significant properties and resources;

6.

To confer recognition upon the owners of properties and districts by means of certificates, plaques or markers;

7.

To recommend amendments or changes to this Code;

8.

To inform and educate the citizens of the city concerning the historic, cultural, archaeological, and architectural heritage of the city;

9.

To participate in survey and planning activities of the certified local government; and

10.

To coordinate with the State of Florida's Division of Historical Resources Certified Local Government program by satisfying the following requirements:

a.

The state historic preservation officer shall be given 30 calendar days prior notice of all meetings and within 30 days following such meetings shall be provided with the minutes and record of attendance of the commission and the public.

b.

The state historic preservation officer shall be notified of any change of commission members within 30 days of their appointment.

c.

Notify the state historic preservation officer immediately of all new historic designations or alterations to existing designations.

d.

Submit amendments to this Code to the state historic preservation officer for review and comment at least 30 days prior to adoption.

e.

Submit an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information:

i.

A copy of the rules of procedure;

ii.

A copy of the historic preservation ordinance;

iii.

Resumes of the historic resources preservation commission members;

iv.

Changes to the historic resources preservation commission membership;

v.

New local designations and National Register listings;

vi.

A review of survey and inventory activity with a description of the system used;

vii.

A program report on each grant-assisted activity;

viii.

Number of projects reviewed;

11.

To undertake any other actions or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Code; and

12.

To undertake any responsibilities complementary to those of the state historic preservation office.

(Ord. No. 1014, § 3, 7-5-2016; Ord. No. 1075, § 2(Exh. A), 3-15-2022)

The city council may adopt, by resolution, administrative fees necessary to implement this Code. Such fees may be adjusted on an annual basis, or as necessary, and may include, but are not limited to, application fees, notification and advertising fees, studies, legal expenses, and all other costs in connection with the processing of such petitions.

Petitions for a change in this Code shall be accompanied by a fee deposited with the city clerk. No such fee shall be refunded except upon a showing of mistake on the part of the petitioner satisfactory to the city council. In case of hardship upon the petitioner wherein the fee is unreasonable, the city council may waive the fee. Where the city planning and zoning board or city council initiates a change in this Code, no fee shall be required.

The purpose and intent of this section 13.08.00 and its subsections is to establish procedures to ensure fairness and procedural due process and maintain citizen access to local government decision-making process for issues that require quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision-making process in quasi-judicial hearings.

(Ord. No. 1019, § 3, 10-18-2016)

For the purpose of this section 13.08.00 and its subsections, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

1.

Applicant shall mean the owner(s) of record, the owner's agent, a third-party with written consent of all owner(s) of the property, or any person with a legal or equitable interest in the property for which an application or appeal thereof has been made and which is subject to quasi-judicial proceedings, and shall mean City of Arcadia Staff when the application is initiated by the city.

2.

City means the City of Arcadia, Florida.

3.

Competent substantial evidence shall mean testimony, documentary, or other evidence base on personal observation and which will establish a substantial basis from which an issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issue to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion.

4.

Decision-making body shall mean the city council, the planning and zoning board, or other authorized decision-making body, as the case may be, that makes a recommendation or decision on an application or decides the appeal.

5.

Ex Parte Communications mean any verbal or written expression made to a local public official which is made in the absence of one or more of the interested parties, and is not made during a public hearing or meeting to consider matters involving the exercise of quasi-judicial decision-making.

6.

Local public official means any elected or appointed public official holding a city office who recommends or takes quasi-judicial action as a member of a council, board, or commission. The term does not include a member of the board or commission of any state agency or authority.

7.

Participants means members of the general public, other than the applicant, including experts and representatives of local governments and governmental agencies, who offer sworn or unsworn testimony at a quasi-judicial proceeding for the purpose of being heard on an application.

8.

Party or parties means the applicant(s), staff, or any person recognized as a party by the decision-making body.

9.

Quasi-judicial or quasi-judicial matter means a proceeding that results in a decision having an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on facts arrived at from distinct alternatives presented at a hearing, and where the decision can be viewed as the result of an application of policy rather than setting of policy.

10.

Staff means any person employed by, or having a contractual relationship with the city.

11.

Witness means a person who testifies under oath.

(Ord. No. 1019, § 3, 10-18-2016)

Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official representing the city the merits of any matter on which action may be taken by any decision-making body on which the local public official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials:

1.

The subject and substance of any ex parte communication with a local public official representing the city which relates to quasi-judicial action pending before the local public official, as well as the identity of the person, group or entity with whom the communication took place, is disclosed and made a part of the record before final action is taken on the matter.

2.

A local public official representing the city may read a written communication from any person. A written communication that relates to quasi-judicial action pending before such local public official shall be made a part of the record before final action is taken on the matter.

3.

A local public official representing the city may conduct investigations, make site visits and receive expert opinions regarding quasi-judicial action pending before him or her, provided that such activities and the existence of such investigations, site visits, or expert opinions is made a part of the record before final action is taken on the matter.

4.

Disclosure made pursuant to paragraphs 1.—3. above must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication.

(Ord. No. 1019, § 3, 10-18-2016)

1.

All quasi-judicial proceedings before the decision-making body shall be hearings of original jurisdiction, unless the decision-making body is acting in an appellate capacity, in which case such proceeding shall be a hearing de novo. Unless all parties waive formal proceedings, each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any relevant matter (subject to the rules contained herein), and rebut evidence.

2.

Staff shall have the responsibility of presenting the case on behalf of the city. The staff report on the application shall be made available by staff to the applicant and the decision-making body no later than five business days prior to the quasi-judicial hearing on the application.

3.

All written communication received by the decision-making body or staff concerning an application, the staff report, any petitions or other submissions from the public, and all other documents pertaining to the application upon receipt shall be filed in the official file for the application, which shall be maintained by staff. The Comprehensive Plan, the City Code of Ordinances and the Unified Land Development Code shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours.

4.

The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall identify the hearing as quasi-judicial, and indicate where copies of the procedures that apply may be obtained.

(Ord. No. 1019, § 3, 10-18-2016)

1.

All hearings shall be scheduled within a reasonable time of the date the application was properly and adequately filed.

2.

The city shall advertise the hearing date, time, and place in accordance with Florida Statutes and regulations, the city's ordinances, and this Unified Land Development Code.

3.

All hearings shall be open to the public. Members of the public shall be permitted to testify at the quasi-judicial hearing.

4.

The city clerk, or the city clerk's designee, shall attend all hearings, and the city shall record (audio, video, or both) all hearings. The city shall retain the original recording(s) in accordance with the laws of the State of Florida, and, if requested, provide a duplicate of the recording(s) to the decision-making body.

5.

The hearing shall, to the extent possible, be conducted as follows:

a.

The clerk shall read into the record the ordinance or resolution title and number, or if there is no ordinance or resolution, the applicant's name, file number, and the subject matter to be decided.

b.

The applicant, staff, and all participants requesting to speak or present evidence at the hearing shall be collectively sworn by an oath or affirmation by the clerk.

c.

The applicant may waive the applicant's right to an evidentiary hearing if applicant agrees with the staff recommendation, and no one from the audience wishes to speak for or against the application. The decision-making body may then vote on the item, based upon the staff report, and any other materials contained within the official file.

d.

If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the chair determines to proceed in a different order, taking proper consideration of fairness and due process:

i.

The applicant shall make the applicant's presentation, including offering any documentary evidence, and introduce any witnesses as applicant desires. The applicant shall present the applicant's entire case in 30 minutes.

ii.

Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file that have not already been transmitted to the decision-making body with the agenda materials, as staff desires; summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. Staff shall present its entire case in 30 minutes.

iii.

Participants shall make their presentation in any order, as determined by the chair. Each participant shall present their argument in five minutes.

iv.

The applicant may cross-examine any witness, and respond to any testimony presented.

v.

Staff may cross-examine any witness, and respond to any testimony presented.

vi.

The chair may choose to allow participants to respond to any testimony if the chair deems the response to be necessary to ensure fairness and due process.

vii.

Members of the decision-making body may ask any questions of staff, the applicant and the participants.

viii.

Final argument may be made by the applicant, related solely to the evidence in the record.

ix.

Final argument may be made by the staff, related solely to the evidence in the record.

x.

For good cause shown, the decision-making body may grant additional time to any of the hereinabove time limitations.

xi.

The decision-making body's decision must be based upon competent substantial evidence in the record.

e.

A copy of the procedures shall be made available at the hearing.

f.

The chair shall keep order, and without requiring an objection, may direct a party conducting the direct examination or the cross-examination to stop a particular line of questioning that, in the sole judgment of the chair, merely harasses, intimidates or embarrasses the individual testifying or being cross-examined; is unduly repetitious or is not relevant; or is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the direct examination or cross-examination continues to violate directions from the chair to end a line of questioning deemed improper as set forth herein, the chair may terminate the direct examination or cross-examination.

g.

The decision-making body may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the sole discretion of the decision-making body.

h.

The applicant may withdraw an application by requesting such withdrawal in writing prior to the commencement of the hearing.

i.

For all quasi-judicial hearings in which a decision is made regarding an application for any development permit, the decision to approve or deny shall be based on whether the application meets all applicable requirements of the comprehensive Plan, the City Code of Ordinances, and the Unified Land Development Code based on the entirety of the record before the decision-making body.

(Ord. No. 1019, § 3, 10-18-2016)

1.

The decision-making body shall not be bound by the strict rules of evidence, and shall not be limited only to consideration of evidence which would be admissible in a court of law. The decision-making body shall have the ability, but not the duty, to conduct site visits in their sole discretion and to consider any evidence so adduced in their deliberations.

2.

The chair may exclude evidence or testimony that is not relevant, material or competent, or testimony which is unduly repetitious or defamatory.

3.

The chair, with the advice of the city attorney, will determine the relevancy of evidence.

4.

Matters relating to an application's consistency with the Comprehensive Plan, the city Code of Ordinances, or the uniform land development code will be presumed to be relevant and material.

5.

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in court.

6.

Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the decision-making body and to staff no later than two business days prior to the hearing on the application. Upon request, the applicant and staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage.

7.

Only the applicant, the applicant's authorized representative, staff, and the decision-making body shall be entitled to conduct cross-examination when testimony is given or documents are made part of the record.

8.

The city attorney shall represent the decision-making body and advise it as to procedures to be followed.

(Ord. No. 1019, § 3, 10-18-2016)

Notwithstanding anything to the contrary contained in this section 13.08.00 and its subsections, the decision-making body may place further limitations on or modifications to the time allotments; provided the city attorney agrees that said limitations or modifications do not affect the party's or the public's right to due process.

(Ord. No. 1019, § 3, 10-18-2016)

The decision-making body shall take judicial notice of all state and local laws, ordinances and regulations, and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida.

(Ord. No. 1019, § 3, 10-18-2016)

1.

The decision-making body shall consider requests for continuances made by any party and may grant continuances in its sole discretion. Generally, as a courtesy, one continuance shall be granted if requested by staff or the applicant. If, in the opinion of the decision-making body, any testimony or documentary evidence or information presented at the hearing justifies allowing additional time to research or review in order to properly determine the issue presented, then the decision-making body may continue the matter to a time certain to allow for such research or review. A request for a continuance for the purpose of additional research and review may be granted upon a showing of good cause.

2.

No additional notice shall be required if a hearing is continued to a fixed date, time and place.

Supplementing the record after the hearing is prohibited, unless specifically authorized by an affirmative vote of the decision-making body under the following conditions:

1.

After continuation of a hearing, but prior to the final action being taken.

2.

If a question is raised by the decision-making body at the hearing to which an answer is not available at the hearing, the party to whom the question is directed may submit the requested information in writing to the city clerk and the decision-making body after the hearing with copies to the other parties, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the decision-making body. The decision-making body will specifically identify the question to which a response is required. No additional information will be accepted.

3.

All supplemental information shall be filed with the city clerk no later than three days prior to the continued or next scheduled hearing and shall be subject to the provisions of section 13.08.03.

4.

All parties and participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing.

(Ord. No. 1019, § 3, 10-18-2016)

1.

The city clerk shall preserve the official transcript of the hearing through a digital or tape recording or video recording.

2.

Any person may arrange, at her or his sole expense, for a certified court reporter to transcribe the hearing.

3.

If any person, at her or his sole expense, decides to order a transcription of the hearing in its verbatim, written form in accordance with subsection 2. above, that transcription shall become the official transcript.

(Ord. No. 1019, § 3, 10-18-2016)

The city clerk shall maintain all of the evidence and documents presented at the hearing. Said evidence and documents may be maintained in electronic form.

(Ord. No. 1019, § 3, 10-18-2016)

If a party or a party's representative fails to appear at the time fixed for the hearing, and such absence is not excused by the decision-making body, the decision-making body may proceed to hear the evidence and render a decision thereon in absentia.

(Ord. No. 1019, § 3, 10-18-2016)