Planning staff opened the Sept. 4 meeting by reading the county's rules for quasi-judicial hearings on rezoning and conditional use permit requests, underscoring evidentiary and disclosure requirements for applicants, opponents and commissioners. The statement said applicants must present competent, substantial evidence — including facts or expert witness opinion — to show compliance with the zoning code and comprehensive plan. It added that residents' expressions of preference (saying they "like or dislike" a request) do not constitute competent evidence.
The staff reading said the board must decide whether the evidence demonstrates consistency with the comprehensive plan, the zoning ordinance, the character of adjacent properties and the actual development of the surrounding area. It also prohibited polling the audience — for example asking people to rise or raise hands to show support or opposition — and disallowed speculative or nonexpert opinion testimony.
Staff also read disclosure and process rules: commissioners who had communications about an application must disclose who they spoke with and the subject of the communication before action; the same requirement applies if a commissioner has made a site visit or inspection. The statement confirmed applicants are allotted 15 minutes total to present, with the option to reserve time for rebuttal; other speakers are allowed five minutes and may not pass their time to another person.
The reading of these rules framed the board's expectations before the agenda items were taken up, and staff said the rules apply when the Board of County Commissioners acts in its quasi-judicial capacity on rezoning and conditional use permit requests.