(a)

Before making a decision on an appeal or an application for a variance, zoning map interpretation or special use permit, or a petition from the administrator to revoke a special use permit, the board of adjustment shall hold a quasi-judicial hearing on the appeal or application.

(b)

Subject to subsection (a), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

(c)

The board may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.

(d)

The board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six (6) weeks or more elapses between hearing dates.

(Amd. of 4-1-08, § 25)

The administrator shall give notice of any hearing required by section 12-76 as follows:

(1)

Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such persons a written notice not later than ten (10) days before the hearing.

(2)

Notice shall be given to neighboring property owners by mailing a written notice not later than ten (10) days before the hearing to those persons who have listed for taxation real property any portion of which is adjacent to the lot boundary that is subject of the application or appeal. Notice shall also be given by prominently posting signs on the property that is the subject of the proposed action. Such signs shall be posted not less than seven (7) days prior to the hearing.

(3)

The notice required by this section shall state the date, time, and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.

(Amd. of 10-15-96; Amd. of 5-20-97)

(a)

The provisions of this section apply to all hearings for which a notice is required by section 12-76.

(b)

All persons who intend to present evidence to the board of adjustment, rather than arguments only, shall be sworn by the chairman or the clerk.

(c)

All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred but not required. The chairman shall rule on request for and objections to subpoenas. This ruling may be appealed to the full board.

(Amd. of 3-18-14(2))

(a)

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the board of commissioners, planning board or board of adjustment, the applicant may agree to modify his application, including the plans and specifications submitted.

(b)

Unless such modifications are so substantial or extensive that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning department.

(a)

Accurate minutes shall be kept of all such proceedings.

(b)

Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the county for at least two (2) years or as otherwise required by its records retention schedule.

(Amd. of 4-1-08, § 26)

Any decision made by the board of adjustment regarding an appeal or variance or issuance or revocation of a special use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.