4.1.870 Hearings Procedure.
A. A hearing shall be conducted as follows:
1. The Hearings Body shall explain the purpose of the hearing and announce the order of proceedings, including reasonable time limits on presentations by parties.
2. A statement by the Hearings Body regarding pre-hearing contacts, bias, prejudice or personal interest shall be made.
3. Any facts received, noticed or recognized outside of the hearing shall be stated for the record.
4. Challenges to the Hearings Body’s qualifications to hear the matter shall be stated and challenges entertained.
5. At the commencement of a hearing under a Comprehensive Plan or land use regulation, the Hearings Body or his or her designee shall make a statement to those in attendance that:
a. Lists the applicable substantive criteria;
b. States that testimony, arguments and evidence must be directed toward that criteria or other criteria in the Comprehensive Plan or land use regulations which the person believes to apply to the decision; and
c. States that failure to raise an issue accompanied by statements or evidence sufficient to afford the Hearings Body and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.
6. At the commencement of the initial public hearing, the Hearings Body or his or her designee shall make a statement to the applicant that the failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court. An applicant is not required to raise constitutional or other issues relating to proposed conditions of approval unless the conditions of approval are stated with sufficient specificity to enable the applicant to respond to the conditions prior to the close of the final local hearing.
7. An issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues shall be raised and accompanied by statements or evidence sufficient to afford the City Council, Planning Commission, Hearings Body or Hearings Officer, and the parties an adequate opportunity to respond to each issue.
8. Order of Presentation.
a. Explanation of procedural requirements.
b. Open the hearing.
c. Statement of pre-hearing contacts, bias, prejudice or personal interest.
d. Challenge for bias, prejudgment or personal interest.
e. Staff report.
f. Applicant testimony.
g. Testimony by those in favor of the application.
h. Testimony by those neutral.
i. Testimony by those opposed to the application.
j. Applicant rebuttal.
k. Staff comment.
l. Questions from or to the chair may be entertained at any time at the Hearings Body’s discretion.
m. Close the hearing.
n. Deliberation.
o. Decision.
9. In appeal proceedings, the applicant is the party who initiated the application which is under appeal. Those person(s) opposed to the application shall testify under the “Testimony by those opposed to the application” portion of the appeal proceeding. Those persons in favor of the application shall testify under the “Testimony by those in favor of the application” portion of the appeal proceeding.
10. The record shall be available for public review at the hearing. [Ord. NS-2362, 2020; Ord. NS-2122, 2009; Ord. NS-2016, 2006]