§ 30-253. Definitions.

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

Applicant means 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 quasijudicial proceedings.

Application means an application for any one of the following permits:

(1)

Administrative relief.

(2)

Beneficial use proceedings.

(3)

Conditional use permits.

(4)

Plat approvals.

(5)

Site-specific rezonings.

(6)

Site plan approvals.

(7)

Variances.

(8)

Vested rights determinations.

(9)

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

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.

Comprehensive plan means the village comprehensive plan which has been adopted pursuant to F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.).

Council means the Islamorada, Village of Islands, Village Council.

Councilmember means a village council member hearing the application (see the definition of "council" in this section).

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

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

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 matter requested by the application.

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 quasijudicial hearing for the purpose of being heard on an application.

Party means the applicant, the village staff, and any person recognized by the council as a qualified intervenor.

Quasijudicial proceeding means a hearing held by the council to adjudicate the private rights of an applicant by means of a hearing which comports with this chapter and due process requirements.

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

Staff means members of the village staff.

(Ord. No. 01-19, § 1(4.2.3), 11-19-2001; Ord. No. 15-06, § 2, 5-28-2015)

Cross reference

Definitions generally, § 1-2.