A. Before making a decision on an appeal or an application for a variance, designated use permit, or conditional use permit, the planning commission or the village council, as the case may be, shall hold a public hearing on the appeal or application.

B.

The hearing shall be open to the public and all persons who have an interest in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments. Parties having an interest are defined as parties entitled to actual notice by virtue of this ordinance and state statute.

C.

The planning commission or council may place reasonable and equitable limitations on the presentation of evidence and arguments so that the matter at issue may be heard and decided without undue delay.

D.

The hearing 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 weeks or more elapses between hearing dates.

(Ord. 276 (part), 2001)

The administrator shall give notice of any hearing required as follows:

A.

Notice shall be given to the appellant or applicant by mailing a written notice not later than fifteen days before the hearing.

B.

Public notice shall be given at least fifteen days before the hearing in a newspaper of general circulation in the area; and owners of property within three hundred feet of the property line of the application or appeal shall be notified by first class mail. Notice shall also be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted not less than seven days prior to the hearing.

C.

The notice required 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.

(Ord. 276 (part), 2001)

The planning commission or village council shall follow the process described below when conducting a quasijudicial hearing:

A.

Only interested parties are allowed to be contestants at the hearing.

B.

Parties are allowed to call witnesses and submit all relevant testimony and evidence. All witnesses will be sworn in and testify under oath.

C.

Parties/witnesses are allowed a reasonable opportunity to state relevant information.

D.

All witnesses are subject to cross-examination by opponents.

E.

All parties are entitled to offer a closing statement.

F.

A record of quasijudicial hearings will be kept until the time for appeal has expired.

G.

Decisions will be rendered by the planning commission or village council after due consideration of the witnesses and evidence presented on the issue.

(Ord. 276 (part), 2001)

Any decision made by the planning commission or village council regarding an appeal or variance or issuance or revocation of conditional use permit or designated use permit shall conform to this title, the comprehensive plan and state law.

(Ord. 276 (part), 2001)

Every decision of the village council on an appeal or variance or issuance or revocation of designated use permits shall be subject to review by the district court. A petition must be filed with the district court within thirty days after the action of the village council. An appeal does not stop all proceedings in forbearance of the action appealed unless the respondent obtains an order from the district court staying the municipal action.

(Ord. 276 (part), 2001)