§ 21.7. Conduct of the board of appeals hearing.

21.7.1.

Sign up. All persons who wish to address the board of appeals at a hearing concerning an appeal or variance under consideration by the board of appeals shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

21.7.2.

Matter presented. The chair of the board of appeals will read the proposed appeal or variance under consideration in the order determined by the zoning administrator. The zoning administrator, or his designee, shall then present the basis of the appeal or variance, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed appeal or variance. Any appeal or variance that has not complied with all notice and other requirements of this chapter shall be deemed out of order and shall not be considered at that hearing. It shall be tabled until the next meeting, and if it is still out of order at the next meeting, the application shall be deemed denied.

21.7.3.

Speakers. The chair of the board of appeals shall call each person who has signed up to speak on the appeal or variance then before the board of appeals in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself or herself and state his/her current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the members of the board of appeals present at the hearing allow the person to speak to the appeal or variance, notwithstanding the failure of the person to sign up prior to the hearing.

21.7.4.

Time limits. The applicant or appellant and those in favor of the variance or appeal shall have fifteen (15) minutes to speak, total. Those opposed to the application or appeal shall have fifteen (15) minutes to speak, total. The board may extend these times upon majority vote. In the event of multiple speakers on a side, the time shall be divided equally between all registered speakers, who may reserve their remaining balance of time for rebuttal, except that the applicant may use as much of the fifteen (15) minutes as is desired by them. The applicant may reserve time for rebuttal. Upon vote of a majority of the board, either side may be granted additional time in any amount the board desires, but in such event, the other side shall be granted the same additional time.

21.7.5.

Evidence, cross-examination. Each side shall have the opportunity to present evidence and witnesses which shall be entered into the record. Cross-examination of opposing witnesses shall be allowed by the chair, but decorum shall be maintained. The board may require the applicant and opponents to designate one (1) person to conduct any desired cross-examination.

21.7.6.

Decorum and order. Each speaker shall speak only to the merits of the proposed appeal or variance under consideration and shall address his/her remarks only to the members of the board of appeals. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed appeal under consideration. The chair may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to assure that the public hearing on the appeal or variance is conducted in a fair and orderly manner.