(A) The provisions of this section apply to all hearings for which a notice is required by § 152.135.
(B) All persons who intend to submit evidence other than only oral arguments, shall be sworn.
(C) All findings and conclusions necessary for the issuance or denial of a requested permit or appeal (i.e., crucial findings) shall be based upon material, substantial, and competent evidence (evidence admissible in a court of law).
(D) The term “competent evidence,” as used in this section, shall not include the opinion testimony of lay witnesses as to any of the following:
(1) The use of property in a particular way would affect the value of other property;
(2) The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety; and/or
(3) Matters about which only expert testimony would generally be admissible under the rules of evidence.
(Ord. passed 12-20-2001)