The following standards shall apply to quasi-judicial hearings held before the Planning and Zoning Board and before the City Council:
A. Exparte communications shall be disclosed prior to any testimony or presentation of the case.
B. Any party or intervenor to the hearing may present evidence, cross-examine witnesses, and be informed as to all of the facts upon which the City Council acts. The attorney for the presiding body shall make rulings on any evidentiary issue presented. Any presentations made by the applicant or any party or intervenor in an evidentiary presentation shall not be limited in time.
C. The presiding body shall make decisions based on findings of fact that are available to all parties involved. The presiding body shall specifically state the reasons for denial of an application or request.
D. A record of the hearing shall be compiled and preserved. The record must be in sufficient detail as to provide for judicial review of the legal sufficiency of the evidence to support the findings of fact made, the legal sufficiency of the findings of fact supporting the reasons given, and the legal adequacy under applicable law. Any person wishing to appeal any decision must ensure that a verbatim recording of the proceeding is made.
E. All witnesses shall testify under oath and witness testimony shall not be limited in time.
(Ord. 819, passed 11-14-2023)