(A) Before making a decision on an appeal, an application for a variance, special exception, special use permit, or conditional use permit, or a petition from the planning staff to revoke a special use permit or conditional use permit, the Board of Adjustment or the Board of Commissioners shall hold a hearing.
(B) Subject to division (C) below, the hearing shall be open to the public. All persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments, and to ask questions of persons who testify.
(C) The Board of Adjustment or Board of Commissioners may place reasonable and equitable limitations on the presentation of evidence, arguments, and cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.
(D) The official who made the decision appealed from (usually the Land Use Administrator) shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party of the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board shall continue the hearing.
(E) The Board of Adjustment or Board of Commissioners may continue the hearing until a subsequent meeting, and may keep the hearing open to accept additional information to the time that a final decision is rendered. A notice of a continued hearing does not need to be published unless a period of six weeks, or more, elapses between hearing dates.
(Ord. passed 12-20-2001) Penalty, see § 152.999