(A) An application shall be prepared by the Community Development Department from time to time for completion by applicants, which application shall require such information which will adequately delineate the nature of the applicant's request.
(B) At the time of the hearing, the applicant may appear in his or her behalf or be represented by counsel or agent.
(C) In the event that others wishing to testify retain counsel to represent them at a hearing before the Zoning Board of Appeals, then such counsel shall notify the appellant or applicant, or his or her agent or attorney that he or she has been retained and will be present to testify. Such notice shall be delivered to the offices of the Zoning Board of Appeals and to the applicant, or his or her agent or attorney, at least two days prior to the scheduled hearing date. If such notice is not given by counsel retained by the others wishing to testify, then the applicant, or his or her agent or attorney, shall have the option of postponing the hearing to the next regular meeting of the Zoning Board of Appeals.
(D) All witnesses shall testify under oath.
(E) Evidence shall be presented in the following order:
(1) A representative of the Community Development Department presents a summary of the Project Compliance Report;
(2) The applicant presents evidence for a period of not longer than 15 minutes unless extended at the discretion of the Zoning Board of Appeals;
(3) Zoning Board of Appeals members examine testimony of the applicant's witnesses;
(4) Those giving testimony other than the applicant's representatives present evidence for a period not longer than five minutes unless extended at the discretion of the Zoning Board of Appeals. Representatives of a group may give testimony for a period of not longer than fifteen minutes unless extended at the discretion of the Zoning Board of Appeals;
(5) Zoning Board of Appeals members examine testimony of additional witnesses;
(6) Cross-examination of testimony given by applicant's witnesses by additional witnesses or audience members.
(7) Cross-examination of testimony given by additional witnesses by the applicant or the applicant's representatives witnesses.
(8) Clarification/rebuttal testimony given by the applicant for a period not longer than five minutes unless extended at the discretion of the Zoning Board of Appeals.
(9) Clarification/rebuttal testimony given by additional witnesses for a period not longer than five minutes unless extended at the discretion of the Zoning Board of Appeals.
(10) Cross-examination of the applicant's witnesses’ clarification/rebuttal testimony by additional witnesses or audience members.
(11) Cross-examination of additional witness clarification/rebuttal testimony by the applicant or the applicant's representatives.
(12) Evidence given by the Zoning Board of Appeals, if any.
(F) The Zoning Board of Appeals shall not be bound by the strict rules of evidence, but it may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
(G) An applicant or other testifier, or agent or attorney, may submit a list of the persons favoring or opposing the application. Such list will be accepted as an exhibit if it contains nothing more than a brief statement of the position of the persons favoring or opposing the appeal or application, together with the signatures of the persons subscribing to such statement.
(H) The Chair shall rule on all questions relating to the admissibility of evidence, which may be overruled by the majority of the Zoning Board of Appeals, upon motion by any member of the Zoning Board of Appeals present.
(I) The Zoning Board of Appeals may refuse to accept written reports, memoranda, maps, charts, or other documents unless a copy thereof shall have been filed with the Community Development Department at least seven calendar days prior to the date of the public hearing at which time such reports, memoranda, maps, charts, and other documents are offered in evidence.
(J) Evidence requiring a longer time to complete than allowed as stated in division (E) above may be submitted in writing to the Community Development Department for inclusion in the Zoning Board of Appeals packets seven calendar days prior to the scheduled Zoning Board of Appeals meeting.
(K) Persons submitting written testimony shall make themselves available at the public hearing for cross-examination.
(Res. 77-01, passed 5-16-01)