The following rules are hereby established and shall be observed in the conduct of any public hearing before the board of county commissioners and county planning and zoning commission, hereafter referred to as the hearing body:
A. Signature Sheet: No person shall be permitted to testify or speak before the hearing body at a public hearing unless such person has first signed his name and address, and indicated what, if any, interest he may have and whether he lives within three hundred feet (300') of the property being considered on a sign-up sheet to be provided by the hearing body.
B. Recognized By Chair: No person shall be permitted to speak before the hearing body until such person has been recognized by the presiding officer.
C. Electronic Or Stenographic Recording: All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and correct.
D. Interruption Of Speaker: The speaker shall not be interrupted by members of the hearing body until his time limit for speaking, hereafter established, has been expended or until he has finished his statement.
E. Question And Answer Period: At the conclusion of a speaker's comments, the membership of the hearing body may question the speaker and the speaker shall be limited to answer the questions asked. The question and answer period shall not be included within the speaker's time limit hereafter established.
F. Swear Or Affirm Testimony Correct: When the public hearing is quasi judicial in nature or one after which the hearing body is required by law to make findings of fact, each speaker shall swear or affirm that his testimony is true and correct.
G. Nonconformance To Rules: Any person not conforming with the rules herein established may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the presiding officer.
H. Amendment Or Suspension Of Rules: The hearing body may suspend or amend subsection A of this section and/or the time limits herein provided for by vote of one-half (1/2) plus one of the voting hearing body members.
I. Interpretation Of Rules: The presiding officer shall have the authority to interpret and apply these rules of procedure subject to an appeal to the hearing body, whose decision shall be determined by a majority vote of the voting members present.
J. Disqualification Regarding Agenda Item: At the outset of each agenda item, planning and zoning commission members shall declare whether or not there is any reason that they could not sit and hear the matter impartially. Any decision regarding disqualification shall be made by the individual so affected. The staff will provide advice if necessary.
K. Order And Time Limits: The order and time limits for speaking are as follows:
1. Applicant presentation, twenty (20) minutes.
2. Proponents and opponents of the proposal other than the applicant, five (5) minutes each speaker.
3. Witnesses with information for the planning and zoning commission, but neutral in character, five (5) minutes each speaker.
4. Applicant summation and rebuttal, ten (10) minutes.
L. Yielding Allotted Time: Each individual may speak for five (5) minutes or less. Nothing in these rules shall prevent a person who has conformed with requirement of signing the forms indicating intent to testify and who is present at the hearing from yielding his/her allotted five (5) minutes to another speaker, other than the applicant.
M. Evidence:
1. Entry Into Record: Any speaker at the public hearing who has evidence of any kind, whether it be letters, photographs, maps, etc., shall submit that evidence to the staff to be entered into the record.
2. Continued Public Hearing: Evidence for a continued public hearing must be submitted to the staff four (4) working days prior to that hearing.
N. Adjournment: Public hearings shall be adjourned at ten o'clock (10:00) P.M. and continued to a later date. (Ord. 36, 11-22-1983)