Applications for conditional use permits, administrative appeals, and variances require that the Board hold a public hearing on the application.
(A) Notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the town. The notice shall be published the first time not less than ten days or more than 25 days before such public hearing.
(B) The Board shall give due notice to the applicant of any meetings at which the application will be considered.
(C) In the case of a conditional use permit application, the Board shall be given 45 days to review the application, before the hearing. The hearing shall not be held until a Board recommendation has been received or 60 days have elapsed.
(D) Quasi-judicial nature of hearing. All hearings by the Board for administrative appeals, conditional uses and variances shall be conducted as quasi-judicial hearings in accordance with the general law and court decisions of the state. More specifically, any interested party must be given the opportunity to present evidence or testimony, to cross-examine witnesses, to inspect documents, and to offer evidence or testimony in explanation or rebuttal. Findings shall be based on substantial evidence or testimony which is competent, relevant, and material. Findings as to the existence or nonexistence of crucial facts shall be based on sworn evidence or testimony unless the party or parties before the Board stipulate the facts or waive this requirement.
(Ord. passed 2-5-2008)