In addition to any authority granted to the Town Council by State law or by provisions of the Town Charter, the Town Council shall have the powers and duties listed herein concerning this chapter. The Town Council's authority shall include, but not be limited to, approval, approval with modifications and/or conditions or denial or as may otherwise be provided herein. Specifically, but without limitation, the Town Council shall have the authority to:

(1)

Delegate to a designated Town board or agency, such duties as are permitted under State law and the Town Charter.

(2)

Take such action deemed desirable and necessary to implement the provisions of this chapter and the Comprehensive Plan, including acting as the Local Planning Agency for the Town under F.S. § 163.3174.

(3)

Adopt and amend the Official Zoning Map in accordance with the procedures outlined herein.

(4)

Adopt amendments to the text of this chapter.

(5)

Review and approve applications for site plan approval as specified in Section 13-304.

(6)

Review and approve applications for conditional uses.

(7)

Review and approve preliminary plats, and review and approve final plats before recording in accordance with the procedures of this chapter.

(8)

Review applications for development approval for developments of regional impact (DRI) and to issue development orders therefor.

(9)

Enter into development agreements.

(10)

Review and approve variances for flood regulations.

(11)

Approve, deny, or approve with modifications and/or conditions, variances to setback lines, frontage requirements, height limitations, lot size restrictions, yard requirements, fences and walls, lot coverage, impervious surface ratio, open space, landscaping, signs and any other provisions of this chapter as provided herein.

(12)

Hear and decide appeals with regard to administrative decisions.

(LDC 2008, Div. 2.1; Ord. No. 08-102, § 2(Div. 2.1), 6-17-2008; Ord. No. 09-112, § 2(Div. 2.1), 2-17-2009)

Pursuant to and in accordance with F.S. § 163.3174, the Planning and Zoning Board is designated as the Local Planning Agency for the Town, and shall include a nonvoting representative of the Miami-Dade County School Board consistent with F.S. § 163.3174. The Local Planning Agency shall have the powers and duties as provided in the referenced statute, including, but not limited to:

(1)

Prepare and recommend to the Town Council amendments to the adopted Comprehensive Plan;

(2)

Monitor the effectiveness and status of the Comprehensive Plan;

(3)

Review land development regulations and changes to the Official Zoning Map and make recommendations to the Town Council as to the consistency of the regulation or change with the adopted Comprehensive Plan;

(4)

Serve as the Land Development Regulation Commission, pursuant to F.S. § 163.3164; and

(5)

Perform any other such duties as required by the Community Planning Act (F.S. § 163.2511 et seq.).

(LDC 2008, Div. 2.2; Ord. No. 08-102, § 2(Div. 2.2), 6-17-2008; Ord. No. 12-143, § 2, 1-10-2012)

(a)

Creation. For the purpose of promoting the orderly development of the Town in accordance with the goals and objectives of the Comprehensive Plan and standards specified in this chapter, of protecting property values and the health, safety and welfare of the community at large, of promoting the aesthetic quality of development in the Town, and of ensuring the suitability of development for its intended purpose, a Planning and Zoning Board (the P&Z Board) is hereby created and established.

(b)

Membership and qualifications.

(1)

The P&Z Board shall consist of seven regular voting members.

(2)

The Mayor and each member of the Town Council shall nominate a candidate for appointment to the P&Z Board, which appointment shall be subject to approval by a majority vote of the Town Council, subject to verification of candidate residency.

(3)

For a period of one year prior to appointment and at all times during which they serve, members of the P&Z Board must reside within the Town limits.

(4)

Candidates selected for appointment shall be subject to a criminal background check prior to submittal of the appointment to the Town Council for approval.

(5)

At the time of appointment and at all times during which they serve, all members shall:

a.

Not serve on the Town Council or any other Town Board committee; and

b.

Not be employed by the Town or any of its contractors.

(6)

A member shall be selected from any one of the categories in the list below:

a.

Architect.

b.

General contractor.

c.

Landscape architect.

d.

Planner.

e.

Land use/zoning attorney.

f.

Engineer.

g.

Surveyor.

1.

Selections to the Planning and Zoning Board are encouraged so that the Planning and Zoning Board includes a variety of the professionals in this list. The amended requirements for membership and qualifications shall become effective following the expiration of the individual terms of appointed Planning and Zoning Board members currently serving as of December 1, 2011. Thereafter, all vacancies, appointments and reappointments shall be filled in accordance with the requirements of this section; however, currently serving members of the Planning and Zoning Board shall be grandfathered in, that is they may continue to serve until the end of their terms, and for so long as they are continuously reappointed as members.

2.

The requirement that newly appointed Planning and Zoning Board members shall come from one of the categories listed herein may be waived as to a particular appointment by a supermajority vote of the Town Council.

(c)

Officers.

(1)

The Mayor shall appoint the first Chair from among the appointed members on April 1, 2009. Every year thereafter, at its first meeting in April of each year, the P&Z Board shall elect one of its members as Chair. The Chair shall carry out all duties and responsibilities as designated in this chapter and by Town Council.

(2)

At its first meeting in April of each year, the P&Z Board shall elect one of its members as Vice-Chair who shall, in the absence of the Chair, fulfill all the duties and responsibilities of the Chair as designated in this chapter and by Town Council.

(d)

Term. Terms shall consist of two-year terms beginning April 1 of the year appointed. For purposes of the P&Z Board's creation, the initial terms shall consist of one-year terms for Residential Areas 2 and 4 and At-Large Seat 6, and two-year terms for Residential Areas 1 and 3, At-Large Seat 5 and the Mayor's appointments.

(e)

Removal.

(1)

The Mayor or a Town Councilmember may recommend the removal of their appointed P&Z Board member, for any reason, subject to approval by a majority vote of the Town Council.

(2)

Any Town Councilmember may recommend the removal of any appointed P&Z Board member for violation of any Town Code, ordinance or applicable ethical rule subject to approval by a majority vote of the Town Council.

(3)

Any member of the P&Z Board shall automatically be removed from the P&Z Board upon three consecutive P&Z Board meeting absences which have not been excused by a majority vote of the P&Z Board.

(f)

Vacancies. Vacancies shall be filled in the same manner as original appointments and the appointee shall sit for the remainder of the term for the seat to which they are appointed.

(g)

Duties. The P&Z Board shall have the following powers and duties:

(1)

To review and act upon variances to setback lines, frontage requirements, height limitations, lots size restrictions, yard requirements, fences and walls, lot coverage, impervious surface ratio, open space, landscaping, signs and any other provisions of this Land Development Code, in accordance with the provisions of this Land Development Code governing variances, where such applications do not also require a public hearing for a related site plan application and/or conditional use, and where authority to act upon such variances is not otherwise delegated to Town Staff. Any variance application which also requires a public hearing for a related site plan application and/or conditional use application shall be heard by the Town Council jointly with the site plan application/conditional use application.

(2)

Reserved.

(3)

To review and act upon any and all matters referred to it by the Town Council or by the provisions of any Town ordinance and to submit its findings and recommendations on such matters to the Town Council.

(4)

To fulfill all assigned responsibilities in accordance with the procedures and criteria of this chapter and the Town's Comprehensive Plan.

(5)

The Chair or his/her designee shall annually present a written report of the P&Z Board's activity to the Town Council through the Administrative Official. All reports shall be approved by the P&Z Board prior to submission to the Town or presentation to the Town Council.

(h)

Meetings.

(1)

The P&Z Board shall meet at such times as deemed necessary for conducting business, but not less than once a month, unless there is no business to be conducted.

(2)

A majority of the full membership shall constitute a quorum for conducting business.

(3)

All meetings and business of the P&Z Board shall comply with the requirements of F.S. chs. 119 and 286. Meetings shall be open to the public and reasonable public notice shall be provided at least 48 hours prior to any meeting.

(4)

Meetings shall be conducted in accordance with Robert's Rules of Order, Newly Revised, tenth edition. Any committee procedures or rules adopted by the Town shall not apply to the P&Z Board.

(5)

All public hearings shall be conducted in accordance with the quasi-judicial procedures provided in this chapter.

(6)

Audio recordings shall be made of all meetings.

(7)

Public hearings before the P&Z Board shall be noticed as provided in this chapter.

(i)

Appeal of Planning and Zoning Board actions. Appeals of Planning and Zoning Board decisions shall be processed in accordance with Section 13-310, pertaining to appeals, except as specifically provided in this subsection. A Planning and Zoning Board final development order may be appealed in either of the following manners:

(1)

By the filing of an appeal or writ of certiorari in the appropriate court as prescribed in the Florida Rules of Appellate Procedure. A development order is final, or rendered, for purposes of filing an appeal or writ of certiorari to the court only upon the order's execution by the Town Clerk; or

(2)

An applicant or other affected party may request that the Town Council reconsider any decision by the Planning and Zoning Board on a variance application regarding (i) construction of a new single family home on a property in which a single family home is a use by right and (ii) properties that include at least one non-residential use as a primary (and not accessory) use, provided that the eligibility criteria in Subsection (i)(3) are met, by submitting a letter to the Administrative Official within ten days of the Planning and Zoning Board decision hearing date. If the Administrative Official determines that the criteria in Subsection (i)(3) have been met, the decision of the Planning and Zoning Board shall be set aside in its entirety, and the Town Council shall conduct a de novo quasi-judicial public hearing on the entire variance application. Public notice shall be provided in the same manner as provided for the original hearing. The rehearing shall be held at a special Council meeting. The party requesting the rehearing shall be responsible for additional costs associated with the rehearing, including but not limited to staff time, public notice and consultants hired by the Town, and shall submit a cost recovery deposit per the requirements of Section 13-2102 prior to scheduling and noticing the rehearing. Failure to timely submit the required cost recovery deposit shall result in the cancellation of the rehearing and the loss of right to the appeal provisions provided by this Subsection (i)(2). Any appeal of the decision of the Town Council upon rehearing shall be in accordance with Section 13-310, pertaining to appeals.

(3)

The following criteria shall be utilized to determine whether an applicant or other affected party may request a rehearing by the Town Council of a variance decision of the Planning and Zoning Board, in accordance with Subsection (i)(2):

a.

For proposed construction of a new single family home on a property in which a single family home is a use by right, all of the following must be true:

1.

The regulation(s) from which a variance is sought would have the effect of materially preventing the primary structure from being constructed as designed.

2.

Of those Planning and Zoning Board members voting on the variance application, there was at least one dissenting vote, provided that an abstention is not considered a dissenting vote.

3.

The Planning and Zoning Board did not vote to uphold the recommendation of the Administrative Official in its entirety.

4.

If the variance was sought, in whole or in part, to legalize a code violation for which a warning or citation has been issued, then neither the Applicant for the variance, nor the property owner, may appeal using the provisions of Subsection (i)(2). However, this shall not impact the right of other affected parties to appeal the decision using the provisions of Subsection (i)(2).

5.

Neither the Applicant for the variance, nor the property owner, may appeal using the provisions of Subsection (i)(2) if there are any other known code violations on the property that is the subject of the variance request. However, this shall not impact the right of other affected parties to appeal the decision using the provisions of Subsection (i)(2).

b.

For properties that include at least one non-residential use as a primary (and not accessory) use, all of the following must be true:

1.

The regulation(s) from which a variance is sought would have the effect of legally preventing a business from opening or continuing to operate.

2.

Of those Planning and Zoning Board members voting on the variance application, there was at least one dissenting vote, provided that an abstention is not considered a dissenting vote.

3.

The Planning and Zoning Board did not vote to uphold the recommendation of the Administrative Official in its entirety.

4.

If the variance was sought, in whole or in part, to legalize a code violation for which a warning or citation has been issued, then neither the Applicant for the variance, nor the property owner, may appeal using the provisions of Subsection (i)(2). However, this shall not impact the right of other affected parties to appeal the decision using the provisions of Subsection (i)(2).

5.

Neither the Applicant for the variance, nor the property owner, may appeal using the provisions of Subsection (i)(2) if there are any other known code violations on the property that is the subject of the variance request. However, this shall not impact the right of other affected parties to appeal the decision using the provisions of Subsection (i)(2).

c.

In all cases not meeting the criteria above, any appeal of a Planning and Zoning Board decision on a variance application shall be in accordance with the provisions of Subsection (i)(1).

(j)

Conflict of interest. A member of the P&Z Board shall not participate in review of an application for which he or she has a conflict of interest in accordance with the Town Charter, Town Code or Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. Planning and Zoning Board members may not serve on any other Town board or committee.

(k)

Oath requirement. All P&Z Board members shall be required to subscribe to an oath or affirmation to be filed by the Town Clerk, swearing to support, protect and defend the Constitution and laws of the United States, and the State, the Charter and all ordinances of the Town and Miami Dade County and in all respects to faithfully discharge their duties.

(l)

Ex parte communications.

(1)

Except as authorized below, there shall be no ex parte communication with or by a member of the P&Z Board regarding any matter which may come before the P&Z Board for action.

(2)

Site visits may be conducted by any individual member of the P&Z Board provided such site visits are disclosed on a form provided by the Town. The Town Clerk shall provide a copy of the form to all parties to the relevant application and shall make the disclosure a part of the hearing record before final action is taken on the matter.

(3)

Any communication inadvertently received by a P&Z Board member shall be submitted to the Town Clerk and the Town Clerk shall provide a copy of the written communication to all parties to the relevant application and shall make the written communication a part of the hearing record before final action is taken on the matter.

(LDC 2008, Div. 2.2; Ord. No. 09-112, § 2(Div. 2.25), 2-17-2009; Ord. No. 12-143, § 2, 1-10-2012; Ord. No. 14-168, § 2, 4-8-2014)

The Administrative Official shall be the Town Manager or his or her designee, who shall provide technical support and advice for the preparation and implementation of the Comprehensive Plan and this chapter, and shall perform such other functions as requested by the Town Council and authorized by this chapter, and consistent with the Florida Building Code. Specifically, and without limitation, the Administrative Official shall have the following duties:

(1)

Prepare and provide application forms for the development approvals authorized by this chapter, and establish procedures for the processing of all applications, including setting required application filing deadlines to meet public hearing requirements;

(2)

Provide administrative interpretations of this chapter;

(3)

Conduct preapplication conferences with applicants for development approval as required by this chapter or as necessary or appropriate;

(4)

Review and approve building permits for zoning compliance;

(5)

Review and approve certain site plan applications as set forth in Sections 13-302 and 13-304;

(6)

Review and prepare recommendations for the Town Council's review of site plan applications which require public hearings;

(7)

Review and prepare recommendations for the Town Council's or designated Town board's review of all conditional use and variance applications;

(8)

Review and approve permits for moving a building or structure from one lot or premises to another;

(9)

Review applications for zoning compliance for uses that have received necessary approvals by the Town Council or designated Town board pursuant to this chapter;

(10)

Approve minor changes to approved site plans consistent with this chapter;

(11)

Issue plat approval for lot splits;

(12)

Review and approve certificates of occupancy and certificates of use for zoning compliance;

(13)

Prepare as necessary the record upon which each final decision of the Town Council or designated Town board pursuant to this chapter is based, for purposes of any appeal to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County;

(14)

Approve administrative (de minimis) variances as provided for in this chapter;

(15)

Approve sign permits; and

(16)

Review and prepare recommendations for the Town Council's review of all Comprehensive Plan amendment applications and text amendment applications to this chapter.

(17)

To review and act upon applications for conditional uses, in accordance with the provisions of this Land Development Code governing conditional uses, where such applications involve a use consisting of less than 4,000 gross square feet of floor area, or where otherwise specifically authorized in this chapter.

(18)

To review and act upon applications for administrative waivers of off-street parking requirements for properties with multiple uses where an applicant can demonstrate that differing hours of operations of existing businesses, or other conditions, justify such a waiver. No waiver shall be granted greater 15 percent of off-street parking requirements for a single use, or that would result in a cumulative total greater than 20 percent of off-street parking requirements for an entire property. The Administrative Official, in consultation with the Town Engineer, shall develop detailed criteria to evaluate such applications.

(LDC 2008, Div. 2.3; Ord. No. 08-102, § 2(Div. 2.3), 6-17-2008; Ord. No. 09-112, § 2(Div. 2.3), 2-17-2009; Ord. No. 12-143, § 2, 1-10-2012; Ord. No. 13-159, § 2, 9-10-2013)

(a)

The term "quasi-judicial hearing" means a nonlegislative proceeding wherein the Town Council, and/or any other designated Town board or agency members are required to ascertain the existence of facts and draw conclusions from them as a basis for their respective official action. The term "quasi-judicial hearing" refers to, but is not limited to public hearings related to the following: site-specific rezonings, variances, site plan approvals, conditional uses, pre-plats and plats. Any person, including a Town official, who is uncertain as to whether a particular proceeding constitutes a "quasi-judicial" proceeding may request and rely upon an opinion of the Town Attorney.

(b)

Unless otherwise provided by law, or by resolution of the Town Council pertaining to a specific matter, quasi-judicial hearing procedures shall be substantially as set out in this section.

(c)

Purpose and application. It is the purpose of these rules to provide a fair, open and impartial procedure to ensure procedural due process and maintain citizen access to the Town's decision-making process where review of development approval applications requires quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the Town's decision-making process in quasi-judicial hearings. They shall only apply to the hearings held by the Town Council, or other Town board, agency or group with the authority to make the final decision in regard to the development application.

(d)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means any individual, corporation or other authorized legal entity, including Town staff and the Town Council, filing an application for development approval or an appeal, which initiates a quasi-judicial proceeding.

Application means an application for a site-specific rezoning, variance, conditional use, plat, site plan or other request for a quasi-judicial proceeding or appeal as authorized by this Code.

Chair means the Mayor, or Chair of the Town Board unless otherwise provided.

Competent substantial evidence means testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion.

Expert means a person who is qualified in a subject matter by knowledge, skill, experience, training, or education.

Hearsay evidence means any statement, other than one made by the declarant while testifying, offered for the truth of the matter asserted.

Material fact means a fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the subject matter of the request.

Member means Town Councilmember, or member of any other designated Town board acting in a quasi-judicial capacity.

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

Party means the applicant, respondent, and Town staff.

Relevant evidence means evidence which tends to prove or disprove a fact that is material to the determination of the application.

Respondent means an individual, corporation or other authorized legal entity appearing before a quasi-judicial proceeding in response to a notice of violation or other similar document.

Town Board means the Town Council, or any other Town board, agency or group acting in a quasi-judicial capacity under the procedures of this Code.

Town staff means an employee or agent of the Town of Miami Lakes, Florida.

(e)

Legal representation. Any party to the quasi-judicial hearing may be represented by legal counsel. The Town Board shall be advised by the Town Attorney. Any attorney may speak and present argument on behalf of his client; however, no attorney shall testify as a fact or expert witness in a public hearing without being first duly sworn and identified as a relevant fact or expert witness.

(f)

Participants at hearings. All who testify on any quasi-judicial proceeding must sign in and be sworn in, by oath or affirmation, by the Town Clerk. All persons testifying subject themselves to cross examination. Each person, other than members of Town staff, who address the Town Board shall give the following information:

(1)

Name;

(2)

Address; and

(3)

Whether they speak for themselves, a group of persons, or a third party. Any person who wishes to speak on behalf of a group, organization or third party shall present evidence of their authority to speak for the organization and must also indicate whether the view expressed by the speaker represents an established policy of the organization approved by the board or governing body.

(g)

Conduct of hearing.

(1)

Recording. All quasi-judicial hearings shall be recorded. An independent court reporter may be retained and paid for by any interested person to transcribe the proceedings. Any such retained court reporter shall identify himself to the Town Attorney before the hearing. Any party who wishes to appeal a decision shall be responsible for obtaining a transcript of the proceedings for the record on appeal.

(2)

Parties. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence.

(3)

Official file. All written communication received by Town Council, board or agency members or Town staff concerning an application, the staff report on the application, any petitions or other submissions from the public, ex parte disclosures and all other documents pertaining to the application shall be filed in the official file for the application upon receipt. Following the hearing, the official file shall be maintained by the Town Clerk. The Comprehensive Plan and this chapter shall be deemed to be part of the official file. The official file shall be deemed a part of the hearing record and shall be available for inspection during normal business hours.

(4)

Expert witness testimony. No document prepared or relied upon by an expert shall be admitted into evidence at a public hearing unless such document shall have been filed with the Administrative Official and Town Clerk at least five days prior to the public hearing. The Town Board may waive this requirement upon motion and affirmative vote.

(5)

Waiver of hearing. The applicant may waive the right to an evidentiary hearing if it agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. Said waiver shall be made in writing not later than five working days before the public hearing on the application. The Town Board may then vote on the item, based upon the staff report and any other materials entered by staff into the record of the hearing.

(6)

Order. The order of hearing shall be as follows:

a.

The Town Attorney shall read a preliminary statement once at the beginning of the quasi-judicial public hearing agenda which shall outline the procedure to be followed.

b.

The applicant, respondent, witnesses, Town staff, and all participants asking to speak shall be collectively sworn in by oath or affirmation, excluding attorneys, unless the attorney intends to testify.

c.

The Chair shall announce each particular agenda item, and open the public hearing. The Chair shall conduct the meeting and all questions shall be through the Chair.

d.

Town staff shall present a brief synopsis of the application; introduce as it deems appropriate any additional exhibits from the official file which have not already been transmitted to the Town Board with the agenda materials; summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing.

e.

The applicant shall make its presentation, including offering any exhibits into the record, and introduce any witnesses as it desires.

f.

Participants may present their testimony and any evidence.

g.

The applicant/respondent shall have the right to cross examine individual speakers.

h.

Staff may cross examine the applicant, respondent and any individual speakers.

i.

Members may ask questions of any speaker through the Chair.

j.

The Chair shall keep order, and without requiring an objection, may direct a party conducting the cross examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross examined, is unduly repetitious, not relevant or beyond the scope of the testimony by the individual being cross examined. If the party conducting the cross examination continuously violates directions from the Chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the Chair may terminate the cross examination.

k.

Town staff shall be given time for rebuttal, if requested. Town staff shall be subject to cross examination.

l.

The applicant/respondent shall be given time for rebuttal, if requested, and shall be subject to cross examination.

m.

The Chair closes the public hearing. Members shall discuss the matter in public session and render a decision. No further presentations or testimony shall be permitted unless directed by the Town Board conducting the public hearing.

(h)

Rules of evidence.

(1)

The Town Board shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law.

(2)

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

(3)

The Town Board will determine the relevancy of evidence.

(4)

Matters relating to an application's consistency with the Town Comprehensive Plan or this chapter 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 a court.

(6)

Documentary evidence may be presented in the form of a copy of the original, if available. Oversized exhibits shall be copied and reduced for convenient record storage.

(7)

Statements and arguments of attorneys are not to be considered evidence in the case or instruction on the law but are arguments to assist in the proper understanding of the issues, evidence and law, unless the attorney has been duly sworn and identified as a relevant fact or expert witness in the case.

(8)

Only the applicant, respondent, Town staff and the members shall be entitled to conduct cross examination when testimony is given or documents are made a part of the record.

(9)

The Town Attorney shall represent the Town Board and advise the Town Board as to the procedures to be followed.

(10)

The Town Board 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.

(11)

Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the Town Board under the following conditions:

a.

The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the application.

b.

If a question is raised by the Town Board at the hearing which cannot be answered at the hearing, the party to whom the question is directed may submit the requested information in writing to the Town Board after the quasi-judicial 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 Town Board. The information requested will be presented to the Town Board at the time of the continued hearing.

(12)

The Town Board may reconsider its decision only within the time permitted by the Florida Rules of Appellate Procedure for an appeal from the original order. Reconsideration shall require a supplemental quasi-judicial hearing with full notice under Section 13-309 paid for by the party requesting the reconsideration.

(i)

Final decision by the Town Board. The Town Board shall reach a decision without unreasonable or unnecessary delay. The Town Board may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The final adopted decision shall be reduced to writing in a development order and dated as of the date of execution and filing by the Town Clerk. Notification of the final action shall be available on the Town website and made available to any person who requests a copy from the Town Clerk.

(j)

Record of the hearing. Following the final disposition of the hearing, all evidence admitted at the hearing, the official file, all Town staff reports, and the adopted development order promulgating the decision of the Town Board shall be maintained in a separate file constituting the record of the hearing. The record shall be kept in the custody of the Town Clerk at all times during the pendency of the matter. The record will be made available to the public for inspection upon request at any time during normal business hours.

(LDC 2008, Div. 2.4; Ord. No. 08-102, § 2(Div. 2.4), 6-17-2008)