All public hearings for applications held pursuant to this ZDO shall comply with the following procedures.
(A) Conduct of public hearing.
(1) Burden of proof or persuasion. The burden of demonstrating that an application complies with applicable review and approval standards of this ZDO is on the applicant. The burden is not on the city or other parties to show that the standards have not been met by the applicant.
(2) Rights of all persons. Any person may appear at a public hearing and submit testimony, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(3) Exclusion of testimony. The body conducting the public hearing may exclude testimony that it finds to be irrelevant, immaterial, or unduly repetitious.
(4) Offers of testimony. In the event any testimony is excluded as irrelevant, immaterial, or unduly repetitious, the person offering such testimony shall have an opportunity at that hearing to offer such testimony for the record. Such offer shall be made at the public hearing.
(5) Continuance of public hearing. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. A continuance may be granted at the discretion of the body conducting the public hearing only upon good cause shown.
(6) Recording. All public meetings shall be tape recorded or transcribed.
(B) General procedures and findings at public hearing.
(1) Time. Any board or commission conducting the hearing shall act in accord with any time limits established in this ZDO or the board or commission's own bylaws. Action shall be taken as promptly as possible in consideration of the interests of the applicant, the citizens of the city, and shall include a statement of a recommendation or decision of approval, approval with conditions, or disapproval (whichever is appropriate).
(2) Form of decisions. The form of all decisions shall include at least the following elements:
(a) A summary of the information presented before the body;
(b) A summary of all testimony submitted into the record;
(c) A statement of findings or other factors considered, whichever is appropriate, and a statement of the basis upon which such facts were applied with respect to the relevant review standards, if required by state law;
(d) A statement of a recommendation or decision of approval, approval with conditions or disapproval (whichever is appropriate).
(Ord. 05-10, passed 3-23-10)