This chapter is enacted to establish procedures for the conduct of land use application hearings. (Ord. 2009-05, 9-28-2009)

Land use application hearings shall be conducted in general conformance with the following procedures:

   A.   Generally: The body or individual conducting the hearing may limit testimony and the scope of the hearing as necessary and may at any time during the hearing freely inquire of anyone at the hearing, including staff.

   B.   Applicant/Appellant Comments: Hearings shall commence with the presentation of the applicant/appellant case by the applicant/appellant. Thereafter, those favoring the applicant/appellant's position shall be allowed an opportunity to present testimony, documents, and other evidence which supports his or her position. An applicant/appellant may be represented by an attorney or other representative.

   C.   Report: At the conclusion of the presentation of the applicant's/appellant's case, and the comments or evidence presented by those in favor, if any, a report from staff shall be given. The report may be written or oral, at the pleasure of the body or individual conducting the hearing, and may include testimony from witnesses. The report shall contain recommendations and a proposed decision for review by the body or individual conducting the hearing, including a proposed reasoned decision and order in a form directed by the body or individual conducting the hearing if any. The body or individual conducting the hearing shall not be bound by the recommendations of staff.

   D.   Opponent And General Comments: When the applicant/appellant has concluded his or her comments, those opposing the applicant/appellant's position or having general questions shall be provided an opportunity to present testimony, documents, or other evidence refuting the evidence presented on behalf of the applicant/appellant.

   E.   Applicant/Appellant Rebuttal: When the opponents, if any, have all concluded their comments, the applicant/appellant shall be allowed a brief period for rebuttal.

   F.   Rules Governing Hearings: In order to conduct hearings in an efficient manner, the body or individual conducting the hearing may establish rules limiting the amount of time any person may take to present comments, argument, testimony, or other evidence. (Ord. 2009-05, 9-28-2009)