(A) Hearings. An evidentiary hearing is required for each decision. The purpose of the hearing is to gather facts, not to gather opinions about the desirability or popularity of the project.
(B) Time. After receipt of a notice of application, the clerk shall schedule the time for a hearing, which shall be at a regular or special meeting within 45 days from the filing of such notice of application.
(C) Notice. The Board shall give public notice of the hearing by posting notice on the property which is subject to action. Adjoining property owners shall be notified by letter ten to 25 days prior to the hearing stating the facts concerning the public hearing. Such notice shall state the location, general nature involved in the request, and the time and location of the hearing.
(D) Conduct of hearing. The order of business for the hearing shall be as follows:
(1) The Planning staff member shall give a preliminary statement of the case.
(2) The applicant shall present facts/ evidence that support his application.
(3) Persons opposed shall present facts/evidence against the application.
(4) Both sides will have an opportunity to present a rebuttal to opposing testimony.
(5) The chairman shall summarize the evidence which has been presented, giving both parties opportunity to make objections or corrections. Witnesses may be called and evidence submitted, but the Board shall not be limited to consider such evidence to be admissible as in a court of law. The Board may view the premises before arriving at a decision. All witnesses shall be sworn in and are subject to cross-examination.
(E) Rehearing. An application for a rehearing may be made in the same manner as provided for an original meeting. Evidence in support of the application shall initially be limited to that which is necessary to enable the Board to determine whether there has been a substantial change in facts or evidence (change in federal, state, or local law, or a change in the zoning ordinance). The application for rehearing shall be denied by the Board if from the record it finds that there has not been a substantial change in fact or evidence. If the Board finds that there has been a change, then the request shall be treated in the same matter as any other application. If there is a change in conditions (different site plan or an increase or decrease in the size of the request), the case shall be considered a new and distinctive case from that of before.
(Ord. passed 6-1-2015)