(a)

Generally.

(1)

The hearing shall be called to order by the Mayor at the time specified on the public notice.

(2)

A quorum of the town council must be present.

(3)

Town staff shall confirm that the notice requirements were met.

(4)

At the beginning of the hearing, the members of the town council shall disclose any conflicts and ex parte contacts.

(5)

The hearing shall be conducted in a manner to protect the due process rights of the applicant and affected parties.

(6)

All testimony presented by the applicant, any affected party, any witness for a party, or town staff (other than legal advice given by the town attorney) shall be given under oath.

(7)

The applicant, any affected party, and town staff (Including consultants and professionals serving the town) may cross-examine any person presenting information at the hearing.

(b)

Presentation by staff. Town staff shall present staff's analysis of the pending application.

(c)

Presentation by applicant. The applicant shall present evidence supporting the application and shall bear the burden of demonstrating that the application should be granted.

(d)

Presentation by affected party. An affected party is entitled to present evidence opposing the application.

(e)

Comments from the general public. Members of the general public may provide comment to the town council. Unless such testimony is provided under oath and subject to cross-examination, it shall not constitute competent substantial evidence.

(f)

Deliberations.

(1)

Deliberations shall be guided by Robert's Rules of Order and such other rules and procedures as may be adopted by the town council.

(2)

The town council may question the applicant, other affected parties, witnesses, and town staff at any time during the proceedings.

(g)

Decisions.

(1)

The town council may approve or deny the application.

(2)

The town council's decision to approve or deny the application shall be based on competent substantial evidence presented during the quasi-judicial hearing.

(3)

The town council shall enter a written order which contains findings of fact and conclusions of law in support of its decision.

(4)

The town council's written order shall be filed with the town clerk.

(LDC Ord. of 1-9-2014)