(A) Conduct. When required by statute or by this title, hearings before the Planning and Environmental Commission and the Town Council shall be conducted in accordance with the provisions of this chapter.
(B) Setting date. Upon the filing of an application, petition or appeal, the disposition of which requires a hearing before either the Planning and Environmental Commission or the Town Council or both, pursuant to this title, a date for the hearing shall be set which shall be not more than 30 days from the date of filing of the application or receipt of the document.
(C) Notice.
(1) Not less than 15 days prior to the date set for the hearing before the Planning and Environmental Commission, the Administrator shall cause a copy of the notice to be published once in a newspaper of general circulation in the town.
(2) In addition to the published notice, the Administrator shall cause a copy of the notice to be mailed by first class mail, postage prepaid to the owner or owners of record of the property which is subject of the hearing and the owner or owners of record of the property adjacent to the subject property (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereof), for:
(a) Application to change in zone district boundaries;
(b) Application for a conditional use permit;
(c) Application for a variance;
(d) Application relating to development plans for Special Development Districts; or
(e) Application to change the density control sections of a zone district.
(3) The within required notices shall state the time and place of the hearing, name of the applicant, a general description of the subject property indicating its location (which may be shown by map), a brief summary of the subject matter of the hearing, and a statement that the application or information relating to the proposed change or amendment is available in the Administrator’s office during regular business hours for review or inspection by the public.
(D) Evidence.
(1) The Planning and Environmental Commission shall base its determinations upon statements contained in the application or petition, upon reports from the town staff or consultants, if any, and upon evidence presented to the Commission at the hearing.
(2) The Town Council shall base its determinations upon statements contained in the application or petition, upon reports from the town staff or consultants, if any, upon evidence submitted to the Planning and Environmental Commission and the recommendations or findings of the Commission, and upon evidence presented to the Council at the hearing.
(3) Hearings shall be conducted in such a manner as to afford an applicant or petitioner and all interested parties the opportunity to submit exceptions to the record, contentions and arguments with respect to the issues entailed, provided that the Planning and Environmental Commission and the Town Council may limit the taking of evidence to evidence not previously submitted and made a matter of record.
(Ord. 8(1973) §§ 21.400, 21.403; Ord. 16(1978) § 7; Ord. 49(1979) § 1; Ord. 29(2005) § 19)