§ 40-636. Procedures for calling and conducting public hearings.

(a)

Applicability. Public hearings by the City Council required by this chapter with regard to rezoning requests (amendments to the official zoning map), amendments to an overlay district boundary, applications for conditional uses, applications for variances, and appeals of any administrative decision shall be called and conducted in accordance with the procedures of this section. If the City Planning Commission elects to hold a public hearing or is otherwise obligated to hold a public hearing per the requirements of this chapter, then the Planning Commission shall call and conduct its public hearings in accordance with this section, and this section shall in such cases be interpreted accordingly. Nothing in this section shall be construed as prohibiting a presiding officer or hearing body from conducting a public hearing in a fair, orderly, and decorous manner.

(b)

Presiding officer. The presiding officer shall preside over the public hearing. In the case of the City Council, the Mayor shall preside, or in the absence of the Mayor, the Mayor Pro Tempore shall preside, or in the absence of both the Mayor and Mayor Pro Tempore, another member of the City Council shall be designated to preside over the public hearing. In the case of the City Planning Commission, if a public hearing is required or held, the chairperson of the commission shall preside, or in the absence of the chairperson, the vice-chairperson if designated, or if neither is present to preside, another member of the commission shall be designated to preside.

(c)

Opening of public hearing. The presiding officer shall indicate that a public hearing has been called on one or more applications made pursuant to this chapter, shall summarize the processes required by this article (or call on the Zoning Administrator to summarize), and shall open the public hearing. Thereupon, the presiding officer shall call the first case and the City Council shall consider each application on an individual basis in succession as printed on the published agenda or as otherwise approved by the City Council; provided, however, that the presiding officer may at his discretion call and consider more than one application simultaneously when more than one application involves the same piece of property, or when proceedings would be efficiently completed by combining separately required public hearings and discussing more than one scheduled matter as a single group of applications.

(d)

Report of zoning administrator. Upon opening the public hearing, the presiding officer may recognize the Zoning Administrator, who may provide a summary of the application and present any recommendations or results of investigations. Unless a member of the City Planning Commission is present and is authorized and willing to speak for the Planning Commission on the subject application, the Zoning Administrator may also summarize the recommendations made by the City Planning Commission. Any member of the City Council upon recognition by the presiding officer may ask questions of the Zoning Administrator or designee or other city or Planning Commission representative providing a report or recommendations. The Zoning Administrator or Planning Commission may be represented at the public hearing by written report in lieu of oral testimony.

(e)

Identification of speakers. Prior to speaking, each speaker (including applicant, agent of applicant, and all others) must identify himself and state his current address for the record. The presiding officer may require a speaker to complete an information card supplying such information, prior to testifying.

(f)

Applicant and those in favor of the application. When an individual application comes up for hearing, the presiding officer may ask for a show of hands of those persons who wish to appear in support of the application. If it appears that the number of persons wishing to appear in support of the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Following the report of the Zoning Administrator or designee, or Planning Commission spokesperson, if any, the presiding officer shall recognize the applicant or his agent, spokesperson, or each of them, who shall present and explain the application, followed by any other persons wishing to speak in favor of the application. It shall be the duty of the applicant to carry the burden of proof that approval of the proposed application will promote the public health, safety, morality or general welfare. There shall be a minimum time period of ten minutes per application at the public hearing for the applicant or agent and anyone in favor of the application to present data, evidence, and opinions. The City Council shall not be obligated to provide the full ten-minute period to the proponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. An applicant or agent may reserve any remaining unused time from the allotted time period for rebuttal. Upon the completion of testimony or remarks by the applicant or applicant's agent and those speaking in favor of the application, any member of the City Council upon recognition by the presiding officer may ask questions of the applicant or agent of the applicant, or both, or any person speaking in favor of the application.

(g)

Questions and opposing public comments on the application. At the conclusion of the applicant's presentation and any testimony by others in favor of the application, the presiding officer shall call for public comments from those who wish to ask questions, make comments or oppose the application. The presiding officer may ask for a show of hands of those persons who wish to ask questions, make comments, or speak in opposition to the application. If it appears that the number of persons wishing to ask questions, make comments, or speak in opposition to the application is in excess of those who may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations, ask questions, or speak in opposition. There shall be a minimum time period of ten minutes per application at the public hearing for the opponents to present data, evidence, and opinions and ask questions. The City Council shall not be obligated to provide the full ten minutes per application to the opponents if they elect not to use that much time, nor shall there be an obligation to provide a minimum of ten minutes per application in the event that more than one application involving the same property is heard simultaneously. Upon the completion of testimony or remarks by those asking questions or speaking in opposition to the application, any member of the City Council upon recognition by the presiding officer may ask questions of those speakers.

(h)

Response to questions. Upon the completion of testimony or remarks by those asking questions or speaking in opposition to the application, the presiding officer may:

(1)

Ask the Zoning Administrator, if present, to answer questions posed by speakers;

(2)

Ask such questions himself;

(3)

Recognize a member of the City Council to make remarks or answer questions in response to such questions; or

(4)

Defer questions to the applicant to be answered during rebuttal.

(i)

Content of remarks. Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the City Council and not directly to the audience. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this procedure.

(j)

Applicant's rebuttal. Upon the conclusion of public testimony, if the ten minutes allotted to the applicant and those speaking in favor of the application has not been exhausted, the applicant or his agent, or both, shall be allowed the remaining time from the total ten minutes allotted to answer questions, rebut the testimony of speakers, or provide final comments and remarks. The time devoted to any such rebuttal shall be counted toward the total ten minutes allotted to the applicant if such a time limit is set by the presiding officer. Any member of the City Council, upon recognition by the presiding officer, may then ask questions of the applicant, his agent, or both.

(k)

Equal time. In no event shall this section be interpreted to, and in no case shall the presiding officer, allow or permit an unequal amount of time to proponents and opponents with respect to testimony regarding an individual application.

(l)

Close of hearing. After the foregoing procedures have been completed, the presiding officer will close the public hearing and indicate that the public hearing is closed. Upon the closing of the public hearing, the applicant or his agent and any member of the public shall no longer be permitted to address the City Council in any way, including hand waving or motions for attention; provided, however, that at any time considered appropriate the presiding officer may reopen the public hearing for a limited time and purpose.

(m)

Decision. After the public hearing is closed, the City Council may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held. After hearing evidence, in making a decision, the City Council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. If the City Council determines from the evidence presented by the applicant that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the City Council on its own initiative or as recommended by the Zoning Administrator or the City Planning Commission. Otherwise, such application shall be denied.

(Code 1997, § 40-1001; Ord. of 2-6-2012, § 1(40-1001))