(A) All regular special meetings and hearings of the BZA shall be open to the public, and all petitions acted on by the BZA at these meetings shall constitute a public hearing thereon.
(B) The applicant or his or her agent must appear before the BZA in order to present a petition. Failure to appear can cause the petition to be dismissed subject to the BZA’s discretion. A petition continued more than once can be dismissed by the BZA or upon request by a remonstrator.
(C) The applicant may be granted a continuance of a public hearing for which a petition is scheduled but not acted upon and which has had a notice issued and published. The Chairperson or his or her designated representative may continue a hearing for the first time if the applicant requests a continuance at least 24 hours in advance of any scheduled public hearing. Any other additional continuances must be made before the Board of Zoning Appeals. These requests may be granted at the BZA’s discretion upon the determination of good cause. The BZA may further waive notice requirements. If any additional notice for the continuance is necessary, the applicant shall bear responsibility for notice.
(D) A remonstrator may be granted a continuance which shall be made at the public hearing. No further notice is necessary if the hearing is rescheduled at that time. The continuance shall be based on cause as determined by the BZA.
(E) (1) The BZA may continue a public hearing or defer decision upon an application to a subsequent public hearing. At the subsequent hearing the BZA may not consider any additional evidence unless all parties are given equal opportunities to present additional evidence as necessary within the discretion of the BZA.
(2) (a) Any applicant or petitioner may withdraw his or her petition at any time prior to the presentation of any evidence on application or petition as described in division (E)(1). The applicant may not refile the petition for three months after a withdrawal. After the beginning of presentation of evidence on the application or petition, the application or petition shall not be allowed to be withdrawn without unanimous consent of the BZA.
(b) After the beginning of presentation of evidence, the petitioner or applicant may move for a dismissal of his or her petition. In that event, the petition dismissed shall be considered the same as denial of the petition. In either event, the applicant may not refile the petition for one year after dismissal or denial.
(`88 Code, § 8-181) (Ord. 98-20, passed 11-10-98)