§ 110-6. Hearing Procedures for Applications for Development Approval.

(a)

Setting the public hearing. When the Planning Director or his or her designee determines that an application for development approval is complete and that a public hearing is required by this Land Development Code, he or she shall consult with the coordinator/secretary of the bodies required to conduct the public hearing and shall select a place and time certain for the required hearing, and shall cause published, written and posted notices of the public hearing to be given.

(b)

Examination and copying of application and other documents. At any time upon reasonable request, any person may examine the application and materials submitted in support of or in opposition to an application for development approval. Copies of such materials shall be made available at cost.

(c)

Conduct of hearing.  

(1)

Oath or affirmation. Testimony and evidence shall be given under oath or by affirmation to the body conducting the public hearing.

(2)

Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Anyone representing an organization must present written evidence of his authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall provide his or her name and address and if appearing on behalf of an organization state the name and mailing address of the organization.

(3)

Due order of proceedings. The body conducting the public hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chair at the chair's discretion. The order of proceedings shall be as follows:

a.

Planning and Environmental Resources Department staff shall present a narrative and graphic description of the proposed development.

b.

Planning and Environmental Resources Department staff shall present a recommendation, as well as any recommendations by members of the development review committee. The staff recommendation shall address each factor required to be considered by the Comprehensive Plan and this Land Development Code.

c.

The applicant shall present any information it deems appropriate.

d.

Public testimony shall be heard.

e.

Planning and Environmental Resources Department staff may respond to any statement made by the applicant or any public comment.

f.

The applicant may respond to any testimony or evidence presented by the staff or public.

(4)

Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or undurepetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer may be made at the public hearing or in writing within 15 days after the close of the public hearing.

(5)

Continuance of public hearing. The body conducting the public hearing may, on its own motion, continue the public hearing to a fixed date, time and place. No notice shall be required if a public hearing is continued to a fixed date, time and place. An applicant shall have the right to request and be granted a continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the hearing only upon good cause shown. All adjourned public hearings shall commence only upon the giving of all notices that would have been required were it the initial call of the public hearing.

(6)

Written protests. In the event of written protests against a proposed major conditional use permit signed by the real property owners of 20 percent or more of the people required to be noticed in Section 110-5(d), such application shall not be approved except by the concurring vote of at least four commissioners before the full board of either commission.

(7)

Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of this Monroe County Code applicable to the body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this article. The county's decision-making bodies may adopt a rule of procedure to limit the number of applications for development approval that may be considered per meeting.

(8)

Record.

a.

The body conducting the public hearing shall record the proceedings by any appropriate means that shall be transcribed at the request of any person upon application to the County Administrator and payment of a fee to cover the cost of transcription or duplication of the audio record or tape. Except, however, if a person desires to appeal a decision of the Planning Commission pursuant to chapter 102, article VI, such person shall, at his own expense, provide a transcript of the public hearing before the Planning Commission transcribed by a certified court reporter.

b.

The transcript, all applications, memoranda, or data submitted to the decision-making body, evidence received or considered by the decision-making body, questions and proffers of proof, objections, and rulings thereon, presented to the decision-making body, and the decision, recommendation or order of the decision-making body shall constitute the record.

c.

All records of decision-making bodies shall be public records, open for inspection at reasonable times and upon reasonable notice.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)