MapLink™ | Procedures | § 8.2. Public Hearing Procedures

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§ 8.2. Public Hearing Procedures
All public hearings [amendments to the text and Zone District Map (rezoning); Planned Unit Development Overlay (PUD-O) District classifications (rezoning); special use permits; and variances] held pursuant to this Ordinance shall comply with the following procedures.

A. Conduct of Public Hearing.
1. Burden of Proof or Persuasion. The burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
2. Rights of All Persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
3. Exclusion of Testimony. The body conducting the public hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial, or unduly repetitious.
4. Offers of Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial, or unduly repetitious, the person offering such testimony or evidence shall have an opportunity at that meeting to offer such testimony or evidence for the record. Such offer shall be made at the public hearing.
5. Continuance of Public Hearing.
a) General. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown.
b) Notice. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this section, provided that the continuance is set for a date within 30 days, or to the next regularly scheduled meeting, and the date and time of the continued hearing is announced at the time of the continuance.
6. Time. The body conducting the hearing shall act in accord with any time limits established in this Ordinance. Action shall be taken as promptly as possible in consideration of the interests of the applicant, the citizens of the City and the City, and shall include a statement of a recommendation or decision of approval or disapproval (whichever is appropriate).