(A) Submission of information. Any person may appear at a public hearing and give testimony or submit written materials, either individually or as a representative of an organization. The ZBA may exclude information that it finds to be irrelevant, immaterial, or unduly repetitious. The witness information form, described below, shall inform potential witnesses of how many copies they are expected to provide of any written materials.
(B) Witnesses. Prior to testifying, each witness shall state his/her name and address, and complete a witness information form. A witness who submits the form at least 24 hours in advance of the hearing shall be known as a "participating witness" for purposes of this section. Non-participating witnesses shall not be allowed to ask questions of the petitioner as described in (C)(3)(c) below.
(C) Evidence. Evidence shall be presented in the following order:
(1) The Chairperson shall administer oaths to all persons who which to testify;
(2) The petitioner shall present his or her evidence, including others who wish to testify on his or her behalf;
(3) Witness presentations.
(a) Each witness in turn shall present his or her case, as follows, and shall be known as the "presenting witness" during this process;
(b) Each presenting witness may make an opening statement;
(c) If the presenting witness is a participating witness, the presenting witness may then question the petitioner and any of his/her associated witnesses;
(d) The petitioner may then question the presenting witness and any of his/her associated witnesses, regardless of whether the petitioner was questioned;
(e) The presenting witness may make a closing comment. New evidence or facts should not be introduced during closing comments.
(4) The members of the ZBA and the Land Use Committee may question anyone who has previously testified;
(5) The petitioner may present a rebuttal;
(6) The chairperson may, in his/her discretion, allow surrebuttal and further presentation of evidence by any or all witnesses, if it is reasonably required to address new facts in the petitioner's rebuttal, or in any surrebuttal.
(7) The petitioner may present closing comments. New evidence or facts should not be introduced during closing comments.
(8) In any case where ten or more witnesses are signed up at the time of the hearing, the following maximum time limits shall apply, unless modified by the ZBA at the start of the hearing.
(a) Petitioner's presentation - 60 minutes.
(b) Participating witness presentations:
1. Primary presentation - 30 minutes.
2. Presenting witness's questioning of petitioner - 30 minutes.
3. Petitioner's questioning of presenting witness - 30 minutes.
4. Presenting witness's closing comments - 30 minutes.
(c) Non-participating witness presentations - five minutes.
(d) Petitioner's rebuttal and closing comments - 60 minutes.
(Prior Code, 7 TCC 1-27(e)) (Res. LU-23-02, passed 1-25-2023)