A. General Procedures.
1. The application for a hearing before the Board of Building Code Appeals will be prepared and presented. Petitioners having questions regarding the preparation of an application should consult the Department of Planning and Development.
2. The hearing shall be held in the McHenry County Government Center.
3. An applicant or his agent or attorney, may submit to the Board of Building Code Appeals a list of the persons favoring or opposing the Application. Such petitions will be admitted into evidence by the Board of Building Code Appeals.
4. All witnesses shall testify under oath.
5. The Board of Building Code Appeals shall not be bound by the strict rules of evidence. It may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony.
6. The Chairperson shall rule on all questions relating to the admissibility of evidence. The Chairperson may be overruled by a majority of the Board of Building Code Appeals.
7. The report of the McHenry County Board of Building Code Appeals shall contain a short summary of the application, location of the property and the reasons advanced by the McHenry County Board of Building Code Appeals for its decision. The report shall include the name of the Board member making the motion, the seconding thereof, and all votes by name for or against the motion. Members abstaining or absent shall also be recorded. Those abstentions should indicate a reason for same.
B. Suggested Order of Business During Hearings (subject to modification by the Chairperson).
1. A call to order and reason or purpose for hearing.
2. Application will be read at the discretion of the Chairperson.
3. Introduction of Board by name.
4. Recognition of fees. Notification to adjacent property owners.
5. Recognition of petitioner and his witnesses. Swearing in those which will present testimony.
6. Citation of Board proceedings.
7. Recognition of public and observers.
8. Petitioner presents testimony and evidence.
9. Cross examination by Board Members, public and observers.
10. Public and staff who are sworn present testimony and evidence.
11. Cross examination of public’s testimony by Board Members and petitioner.
12. Summary statements by petitioner or his/her attorney.
13. Vote on application taken.
14. Hearing closed.
(Ord. O-9505-2250-29, passed 5-16-1995)