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 Bal Harbour
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VI. QUASI-JUDICIAL PROCEDURES

  § 2-203. Definitions.  

Latest version.

  • The following words and phrases, when used in this article, shall have the meaning described to them in this section:

    Application shall mean an application for any one of the following permits:

    (a)

    Variances.

    (b)

    Conditional or special use permits.

    (c)

    Site plan approvals.

    (d)

    Plat approvals.

    (e)

    Site-specific rezonings.

    (f)

    Special exceptions.

    (g)

    Certificates of appropriateness.

    (h)

    Any other site specific development approval determined to be quasi-judicial by the village attorney.

    Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application for a development order has been made and which is subject to quasi judicial proceedings.

    Board shall mean the Bal Harbour Village Council or the Architectural Review Board, or any other board considering the application and having final authority within the Village to approve the application.

    Boardmember shall mean a Village Councilmember or Member of the Board hearing the application (see definition of "Board" above).

    Chairperson shall mean the Mayor, when the Board is the Village Council, or the Chairperson of any other Board considering the application.

    Competent substantial evidence shall mean 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.

    Comprehensive plan shall mean the Village Comprehensive Plan which has been adopted pursuant to F.S. pt. II, ch. 163.

    Development order shall mean the written decision of the Board regarding an application considered under quasi-judicial proceedings pursuant to this Article VI.

    Ex-parte communication shall mean any written, oral, or graphic communication with a Boardmember which may relate to or which could influence the disposition of an application, other than those made on the record during a quasi-judicial hearing. This term also includes visiting the site of the application, receipt of expert opinions, and any independent investigations by Boardmembers.

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

    Material fact shall mean a fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application.

    Participants shall mean 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 shall mean the applicant, the Village Staff, and any person recognized by the Board as a qualified intervenor.

    Quasi-judicial proceeding shall mean a hearing held by the Board to adjudicate the private rights of an applicant by means of a hearing which comports with these regulations and due process requirements.

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

    Staff shall mean members of the Village Staff.

(Ord. No. 459, § 1, 12-19-00)