The procedures and requirements set forth in this section shall apply to all hearings required by this Ordinance, both legislative public hearings and quasi-judicial evidentiary hearings at which evidence is submitted and testimony given under oath, unless a contrary intent is indicated.
(A) When the Town has determined that an application is complete and that a hearing is required by this Ordinance, the Director shall schedule a date, time, and place for the required hearing, and shall ensure that all notices are provided pursuant to Section 3.1.6 above.
(B) If any resident or property owner submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment, to the Town Clerk at least two business days prior to the proposed vote on such change, the Clerk shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial proceeding, the Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to the decision-making body shall not disqualify any member of the body from voting.
(C) Any person may appear and speak at a legislative public hearing. Legislative public hearing comments should be directed toward the substance of the proposed action. In quasi-judicial evidentiary hearings, the applicant, Town staff, and any person who would have standing to appeal the decision under G.S. 160D-1402(c) may participate as a party. Other witnesses may present competent, material, and substantial evidence that is not repetitive.
(D) Each person who appears at a hearing shall identify himself or herself and his or her address and, if appearing on behalf of an organization, shall state the name and mailing address of the organization, and shall observe any rules related to the conduct of the hearing adopted by Council or the appropriate board.
(E) All testimony and evidence given in a quasi-judicial evidentiary hearing in front of the Zoning Board of Adjustment, the Historic Preservation Commission, or the Town Council shall be given under oath or by affirmation to the body conducting the hearing.
(F) In a quasi-judicial evidentiary hearing, any party participating in the hearing or their legal representative may, upon receiving proper recognition from the chairperson of the body conducting the hearing, question or cross-examine other persons appearing as witnesses who present adverse evidence or testimony.
(G) In a quasi-judicial evidentiary hearing, the chairperson of the body conducting the hearing may exclude any testimony, evidence, or questioning that the chairperson finds to be incompetent, irrelevant, immaterial, or unduly repetitious.
(H) In a quasi-judicial evidentiary hearing, at any time upon reasonable request, any person may examine the application and materials submitted in support of or in opposition to an application. The Town shall ensure that copies of such materials are made available.