(A)   Parliamentary procedure in Board meetings will be governed by these rules and by Roberts’ Rules of Order, as amended. The presiding officer will make all procedural rulings during meetings and hearings of the Board.
   (B)   Each application for a Board of Adjustment hearing shall be made on an official application form and shall be submitted with the appropriate fee to the Board of Adjustment (in care of the Planning Commission). Date and time of receipt of application will be recorded. Applications will be reviewed for completeness. Completed applications shall be docketed and placed on the agenda of the Board according to their submission date. Completed applications must be received at least 30 days prior to the Board’s regular monthly meeting at which the application is to be considered.
   (C)   The following procedures will be observed in all public hearings before the Board.
      (1)   The Chairperson will read a statement of description for each application at the opening of each hearing.
      (2)   The Chairperson shall have the power to admit an oath to a witness. All witnesses will be sworn in by the Chairperson.
      (3)   The staff may present its review and recommendation. The applicant will present his or her case, followed by any opposition. Both sides will have an opportunity to cross-examine witnesses presented by the other party.
      (4)   The Board may question any witness or call any witness as determined necessary.
      (5)   The Board shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence or testimony.
      (6)   The Board may, at its discretion, at any time during the hearing, adjourn the hearing for a period not to exceed the next regular scheduled Board meeting and request further information from either party.
      (7)   If a hearing is adjourned, at the time the hearing is reconvened, only those Board members who have been present from the beginning of the hearing may participate in the deliberations and decision-making process.
      (8)   The Board may only consider that evidence which is presented at the hearing. No information offered at the hearing shall be excluded for failure to follow judicial rules of evidence. The Board may adopt its own rules to determine the kind of information that will be received. Members of the Board may visit a site pertinent to a hearing prior to the final decision. All information allowed to be received shall constitute evidence upon which action may be based.
      (9)   Upon completion of all testimony and evidence, the Chair will conclude the hearing of evidence and call for a motion.
      (10)   The Board shall immediately deliberate, make a motion and conduct a vote in open public session.
      (11)   The Board shall orally issue its findings of fact and final action.
   (D)   The Board of Adjustment is the final administrative authority for all decisions on all items outlined in § 31.032(F) of this chapter. Any person or entity claiming to be injured or aggrieved by any final action of the Board shall appeal from the final action to the Circuit Court of the county as provided in KRS 100.347(1).
   (E)   (1)   Any procedure of the Board of Adjustment and all records of the Board, unless excepted by appropriate action of the Board or by-law, shall be open to the public.
      (2)   The Board of Adjustment shall, from time to time, adopt a filing fee and price schedule, setting the fee to be charged in conjunction with filing various types of applications, services and publications.
      (3)   These by-laws may be amended at any regular or special meeting of the Board of Adjustment by a simple majority of the total membership of the Board.
(Ord. 09-09-03B, passed 4-13-2009)