For any public hearing required under this chapter the following provisions shall apply.
(A) Public hearing notice and notification.
(1) The Zoning Administrator or their designee shall publish a "Notice of Public Hearing" on any application for which it is required under this chapter, and cause the placement of such public hearing as an item on the agenda of the public body of the village conducting the hearing at issue.
(2) Said notice shall include the following information:
(a) Date, time, and location where the hearing is to be held;
(b) An identifiable common address of the parcel and the Property Index Number (PIN) of the parcel. If no common address is available, a legal description must be provided;
(c) The present zoning of the parcel and a brief statement of the intended action being applied for; and
(d) The address and telephone number where copies of the application, plans, and proposals may be reviewed or obtained.
(3) Notice shall be published at least 15 days but not more than 30 days prior to the hearing in a paper of general circulation within the village.
(4) Notice shall be mailed at least 15 days but not more than 30 days prior to the hearing to all of the property owners within 250 feet of the parcel, excluding public rights- of-way, by certified mail, return receipt requested. When the application includes the annexation of territory to the village, notice shall be mailed to all of the taxing bodies of the parcel to be annexed.
(5) Public notice of the agenda for the meeting of the public body of the village conducting the hearing shall also be posted at the Village Hall and/or other location where the meeting and hearing are to be conducted and the village website not less than 48 hours prior to the conduct of the meeting and hearing in question.
(6) Signage. At least 15 days but not more than 30 days prior to the hearing a sign shall be posted on the parcel, viewable from the public right-of-way, indicating that the parcel is subject to a public hearing. Such sign shall remain on the property until the hearing, and any continuances thereof, is concluded. In the event that the parcel does not front a public right-of-way or that the application covers multiple parcels, the zoning administrator may post additional signs as reasonably required to ensure adequate notice of the application to the public.
(7) In the event that a public hearing for which notice has been properly provided in accordance with the above requirements is continued to or is to be reconvened at a future date, no additional notice of the continuance or reconvening of the public hearing shall be required as long as the continuance or reconvening of the public hearing in question is to a date and time certain that was publicly announced during the original opening or convening of the public hearing in question.
(B) Rules of procedure for public hearings.
(1) Registration of public participants. Anyone who wishes to speak or testify at the public hearing must sign-in prior to the commencement of the public hearing on the sign-up cards or sheets available at the front door of the meeting room. Speakers shall provide their names, and indicate the topic or topics that they desire to address.
(2) Conduct of hearing.
(a) The Chair may impose reasonable limitations on evidence or testimony presented by persons and parties, such as barring repetitious, irrelevant or immaterial testimony. Each individual (other than an applicant) shall have ten minutes to present his/her testimony. The meeting or hearing shall not be governed by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible or taken. The Chair shall rule on all questions related to the admissibility or materiality of evidence which ruling may be overruled by a majority vote of the members of the body or board present. The Chair may impose reasonable conditions on the hearing process and grant additional time for evidence and testimony based on the following factors:
1. The complexity of the issue;
2. Whether the witness possesses special expertise;
3. Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact;
4. The degree to which the witness's testimony relates to the factors to be considered in approving or denying the proposal; and
5. Such other factors as are appropriate for the hearing.
(b) The Chair may take such actions as are required to maintain an orderly and civil hearing. Discourtesy or disorderly conduct shall be deemed a breach of order, and such misconduct shall be dealt with as appropriate, including but not limited to expulsion from the hearing. All persons presenting evidence or testimony, or who are otherwise participating in the hearing shall first be recognized by the Chair prior to proceeding, and shall either direct their remarks to the Chair, the public body or direct their questions to a witness, as the case may be, and shall refrain from engaging in colloquy or debate with members of the audience. Likewise, all members of the audience not engaged in presenting testimony or evidence or otherwise recognized by the Chair to speak shall refrain from colloquy, debate or exclamation until such time as they may be so engaged or recognized.
(c) All persons offering testimony at a public hearing shall testify under oath. People participating shall identify themselves for the record, giving their name and address, either orally or in writing, and indicate if an attorney represents them.
(d) The order of presentation of evidence at a public hearing or meeting shall generally be as follows, but may be modified as determined appropriate by the Chair:
1. Identification of applicant.
2. Statement of the Chair or designee regarding the nature of the case, relief sought, and
3. Submittal of proof of notice.
4. Introduction of application by village staff.
5. Presentation of evidence and testimony by applicant.
6. Review of application and comment by village staff or consultants.
7. Questions regarding application by village elected or appointed officials.
8. Questions and comments regarding application by members of public.
9. Presentation of testimony and evidence by others relating to the application.
10. Questions by village elected or appointed officials or applicant regarding testimony and evidence by others.
11. Applicant response to questions and comments.
12. In some cases, re-examination may be allowed by the Chair, however reexamination shall be limited to the scope of matters raised on cross-examination.
13. At any point in the proceedings, the Chair or other village elected or appointed officials may call upon witnesses who have not previously testified, such as village staff and village consultants. The elected or appointed officials, staff and consultants of the village may ask questions at any time during the hearing or meeting.
(e) At the conclusion of an evidentiary portion of a public hearing, the Chair or body present may move to close the public hearing, move to deliberate on the evidence presented, or move to continue the hearing to a date time and location certain.
(Ord. 12-0973, passed 4-4-12; Am. Ord. 14- 1136, passed 9-17-14)