(A) Role of Common Council and de novo hearing and vote. In hearing appeals of a decision of the Lawrence Board of Zoning Appeals (BZA) pursuant to I.C. 36-7-4-922(f), the Common Council sits as the BZA and shall be treated as if it is a Board. The Common Council may accept into evidence the written record of the hearing before the BZA, if any, along with other evidence introduced by City staff or interested parties. The Common Council shall consider the matter de novo (deciding the case without reference to any legal conclusion or assumption made by the previous decision of the BZA). However, the decision of the Lawrence BZA is considered affirmed unless at least two-thirds of the Council members (six members) voting, vote to deny the administrative appeal, special exception, variance or administrative decision.
(B) Time allowed and procedure for hearing of appeals. Petitioners and remonstrators, respectively, shall be permitted a total of 15 minutes each for presentation of evidence, statements and arguments at the public hearing of every petition before the Council, as follows:
(1) Petitioners and persons appearing in support of the petition being heard by the Council shall first have ten minutes for the presentation of evidence, statements and arguments in support of the matter being considered. A reasonable additional time shall then be allowed by the Council for cross-examination and redirect examination of petitioner's witnesses.
(2) Remonstrators (persons appearing in opposition to the petition) shall then have ten minutes for the presentation of evidence, statements and arguments in opposition to the matter being considered. A reasonable additional time shall then be allowed by the Council for cross-examination and redirect examination of remonstrator's witnesses.
(3) The City planning and zoning staff, in person, by agent or by attorney, shall be given a reasonable time by the presiding officer for the presentation of evidence, statements and arguments in support of or in opposition to the matter being considered.
(4) The petitioner shall then have five minutes for rebuttal, which shall include only evidence, statements and arguments in rebuttal of remonstrator's or the City planning and zoning staff's evidence and a brief closing statement.
(5) Remonstrators (persons appearing in opposition to the petition) shall then have ten minutes for rebuttal, which shall include only evidence, statements and arguments in rebuttal of petitioner's rebuttal evidence and a brief closing statement.
(6) The presiding officer shall have the authority to cut off repetitious and irrelevant testimony and shall, unless otherwise directed by a majority of the Council in session at that time, have authority to extend the time periods specified above, when it is appropriate in the interest of affording to all interested parties a fair hearing.
(7) The presiding officer shall have authority to waive the requirements of this section in order to conduct a hearing in a manner which she or he feels more appropriate.
(8) If, by two-thirds of the Council members voting, the Council overturns the decision of the Lawrence BZA, the Council shall issue written findings of its decision.
(C) All testimony under oath. All testimony before the Council shall be given under oath or affirmation, which shall be administered by a person qualified to administer oaths.
(Res. 15, 2021, passed 9-7-2021)