§ 10.03.03. Public Hearing Before the Land Use Hearing Officer

A.

Participants

The participants before the Land Use Hearing Officer shall be the applicant, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas, the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.

B.

Order of Presentation

The order of appearance and total time allotments shall be as follows:

1.

Applicant and witnesses; proposal: 15 minutes;

2.

Administrator; summary of the application, County staff and department findings: five minutes;

3.

Planning Commission staff; statement of compliance or noncompliance: five minutes;

4.

Proponents; argument for the application: 15 minutes;

5.

Opponents; argument against the application: 15 minutes;

6.

Staff; amended recommendations, if any: five minutes;

7.

Applicant; rebuttal and summation: five minutes.

For good cause shown, the Land Use Hearing Officer may grant additional time.

C.

Nature of Hearings

To the maximum extent practicable, the hearings shall be informal. Questioning shall be confined as closely as possible to the scope of direct testimony. The Land Use Hearing Officer may call and question witnesses as he deems necessary and appropriate. The Land Use Hearing Officer shall decide all questions of procedure.

D.

Evidence

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form, and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient, in itself, to support a finding by the Land Use Hearing Officer unless it would be admissible over objections in a civil action.

E.

Matters To Be Considered by the Land Use Hearing Officer in Making Recommendation

The Land Use Hearing Officer shall consider, in addition to all evidence presented at the hearing, the following as are relevant in making his recommendation on an application, which are not listed in any particular order:

1.

The zoning history of the subject parcel.

2.

Applicable zoning regulations promulgated by the Board of County Commissioners.

3.

The Comprehensive Plan.

4.

Reports and recommendations filed by reviewing agencies.

5.

Uses permitted and the characteristics of the requested zoning classification.

6.

Physical characteristics of the subject parcel and surrounding lands.

7.

Impact on the surrounding transportation network.

8.

Applicable goals, objectives, and policies contained in the Comprehensive Plan.

9.

Availability and capacity of public services.

10.

Nature of and impacts on surrounding land use.

11.

Environmental impact of the use.

12.

Applicable development standards promulgated by the Board of County Commissioners.

F.

Findings and Recommendations of the Land Use Hearing Officer

The recommendation of the Land Use Hearing Officer shall include:

1.

Summary of evidence presented.

2.

Findings of fact.

3.

Conclusions of law.

4.

A finding of compliance or a finding of all points of noncompliance with the Comprehensive Plan.

5.

A recommendation to either approve or deny the application with reasons therefore specified, including any recommended conditions.

G.

Compliance With Comprehensive Plan

No application for rezoning, or Special Use Permit, shall be recommended for approval by the Land Use Hearing Officer unless it is found that the application is in compliance with the Comprehensive Plan.

H.

Record of Hearing Before the Land Use Hearing Officer

1.

An audio recording of all public hearings before the Land Use Hearing Officer shall be recorded by the Clerk of the Board and also recorded by an official court reporter.

2.

The record of the hearing before the Land Use Hearing Officer shall consist of:

1.

An audio recording of all public hearings before the Land Use Hearing Officer shall be recorded by the Clerk of the Board and also recorded by an official court reporter.

2.

The record of the hearing before the Land Use Hearing Officershall consist of:

a.

The application and accompanying documents.

b.

Staff reports and recommendations.

c.

All exhibits and documentary evidence.

d.

The summary, findings, conclusions, and recommendation of the Land Use Hearing Officer.

e.

The audio recording of testimony at the hearing.

f.

Verbatim transcript of the proceedings.

g.

Applicable official Zoning Atlas sheets.

I.

Posted Information in the Land Use Hearing Officer's Hearing Room

A copy of the recommendation of the Land Use Hearing Officer is required to be filed with the Clerk of the Board within 15 working days after the conclusion of the public hearing before said master. Persons wishing to receive a copy of the recommendation by mail may supply the Clerk of the Board with their name, address, and a stamped, self-addressed envelope for that purpose.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 06-18, § 2, 8-1-06)