(C)   For the purposes of this Code, the following cases are hereby defined as "Class A zoning cases":

      (1)   Any case involving a petition requesting a special use for one or more of the following:

         (a)   Adult uses;

         (b)   Solar farms;

         (c)   Wind energy conversion systems.

   (D)   Additionally, the term "Class A zoning case" shall include any secondary zoning case which is related to a pending Class A zoning case as defined in (C) above. For the purposes of this division, a secondary zoning case is "related to" a Class A zoning case when it is sought by the same petitioner or a related petitioner, at the same time, in connection with the same project.

   (E)   Any case which is not a Class A zoning case is a "Class B zoning case" for the purposes of this Code.

(Prior Code, 7 TCC 1-27(a)) (Res. LU-23-02, passed 1-25-2023)

   (A)   Notice of the time and place of any public hearing required by this chapter for zoning amendments, variances, and special uses shall be published in a newspaper of general circulation in the county, not less than 15 days and not more than 45 days before such hearing; provided that if the notification is relating to a Class A zoning case, the publication shall occur not less than 30 days and not more than 45 days prior to the date of the hearing.

   (B)   The notice shall contain:

      (1)   The date, time, and place of the hearing;

      (2)   A summary of the proposal under consideration;

      (3)   The particular location of the real estate for which the amendment, variance, or special use is requested by legal description, property identification number, street address, and, if no street address, then by locating such real estate with reference to well known landmark, highway, road, thoroughfare, or intersection;

      (4)   Whether or not the petitioner or applicant is acting for himself or herself or in the capacity of agent, alter ego, or representative of a principal and stating the name and address of the actual and true principal;

      (5)   Where petitioner or applicant is a corporation, and if a corporation, the correct names and address of all officers and directors, and of all stockholders and shareholders owning any interest in excess of 20% of all outstanding stock of such corporation;

      (6)   Whether the petitioner or applicant or his or her principal, if other than applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of such business or entity; and

      (7)   Whether the petitioner or applicant is a partnership, joint venture, syndicate, or an unincorporated voluntary association, or if so, the names and addresses of all partners, joint venturers, syndicate members, or members of the unincorporated voluntary association.

   (C)   Within five days of publication, a copy of the published notice shall be mailed to the applicant. The costs or charges of the publication notice shall be paid by the petitioner or applicant.

(Prior Code, 7 TCC 1-27(b)) (Res. LU-23-02, passed 1-25-2023; Res. LU-23-08, passed 5-31-2023)

   The Community Development Administrator, as a courtesy, shall notify all adjoining property owners of a pending application and of the hearing date, location, and nature of the request before the Zoning Board of Appeals and other pertinent information as specified in § 157.481. Adjoining property owners shall be identified by information obtained from the County Supervisor of Assessment's office. Notification shall occur not less than 15 days and not more than 45 days prior to the date of the hearing; provided that notification is relating to a Class A zoning case, the publication shall occur not less than 30 days and not more than 45 days prior to the date of the hearing.

(Prior Code, 7 TCC 1-27(c)) (Res. LU-23-02, passed 1-25-2023; Res. LU-23-08, passed 5-31-2023)

   (A)   The Community Development Administrator shall notify the county's Soil and Water Conservation District, County Health Department, and villages and municipalities within one and one-half miles of the proposed property, Road Commissioners, and the County Highway Engineer of pending applications for an amendment, variance, and special use. Notification shall occur not less than 15 days and not more than 45 days prior to the date of the hearing; provided that notification is relating to a Class A zoning case, the publication shall occur not less than 30 days and not more than 45 days prior to the date of the hearing.

   (B)   The County Land Use Planner, County Health Department, the county’s Soil and Water Conservation District, and other interested official bodies, if they so desire, may provide data by oral testimony and/or written memorandum regarding their concerns and recommendation at the time of a hearing or the continuation thereof, and may likewise be subject to cross-examination of interested parties. Said data may be used as a resource by the Zoning Board of Appeals for reaching a decision or making a recommendation to the County Board.

(Prior Code, 7 TCC 1-27(d)) (Res. LU-23-02, passed 1-25-2023; Res. LU-23-08, passed 5-31-2023)

      (1)   The Chairperson shall administer oaths to all persons who which to testify;

      (2)   The petitioner shall present his or her evidence, including others who wish to testify on his or her behalf;

      (3)   Witness presentations.

         (a)   Each witness in turn shall present his or her case, as follows, and shall be known as the "presenting witness" during this process;

         (b)   Each presenting witness may make an opening statement;

         (c)   If the presenting witness is a participating witness, the presenting witness may then question the petitioner and any of his/her associated witnesses;

         (d)   The petitioner may then question the presenting witness and any of his/her associated witnesses, regardless of whether the petitioner was questioned;

         (e)   The presenting witness may make a closing comment. New evidence or facts should not be introduced during closing comments.

      (4)   The members of the ZBA and the Land Use Committee may question anyone who has previously testified;

      (5)   The petitioner may present a rebuttal;

      (6)   The chairperson may, in his/her discretion, allow surrebuttal and further presentation of evidence by any or all witnesses, if it is reasonably required to address new facts in the petitioner's rebuttal, or in any surrebuttal.

      (7)   The petitioner may present closing comments. New evidence or facts should not be introduced during closing comments.

      (8)   In any case where ten or more witnesses are signed up at the time of the hearing, the following maximum time limits shall apply, unless modified by the ZBA at the start of the hearing.

         (a)   Petitioner's presentation - 60 minutes.

         (b)   Participating witness presentations:

            1.   Primary presentation - 30 minutes.

            2.   Presenting witness's questioning of petitioner - 30 minutes.

            3.   Petitioner's questioning of presenting witness - 30 minutes.

            4.   Presenting witness's closing comments - 30 minutes.

         (c)   Non-participating witness presentations - five minutes.

         (d)   Petitioner's rebuttal and closing comments - 60 minutes.

(Prior Code, 7 TCC 1-27(e)) (Res. LU-23-02, passed 1-25-2023)

   All exhibits or written materials used at the public hearing by an interested party shall be submitted to the Community Development Administrator and shall be retained for the ZBA’s record. If not so submitted, the record shall not be considered by the ZBA and shall not become a part of the record.

(Prior Code, 7 TCC 1-27(g)) (Res. LU-23-02, passed 1-25-2023)

   (A)   Except as otherwise provided herein, the ZBA shall render its decision within a reasonable time after completion of the public hearing. For application for amendments and Class A zoning cases, the ZBA shall make report of its findings to the County Board and in said report the ZBA shall indicate its recommendation. Such report shall contain a findings of fact specifying, where applicable, the reason for the ZBA's recommendation of approval or denial.

   (B)   In applications for variances and Class B special uses, the ZBA shall make a report indicating its approval or denial of the request. Such report shall contain a findings of fact, where applicable, the reason for the ZBA's approval or denial.

(Prior Code, 7 TCC 1-27(l)) (Res. LU-23-02, passed 1-25-2023)