Procedures for Conducting Hearings for Special Approval

1.         At least 15 days notice of the hearing shall be mailed by first class mail to the owner of the property in question and a sign (if applicable) giving the date, time, and place of the hearing shall be posted conspicuously on the property made the subject of the hearing at least 15 days before the hearing.

2.         An interested party may be represented by counsel.  (An interested party is a party who owns the property at issue or who, on behalf of the owner, filed the request for decision, and any other party who satisfactorily proves to the board that the board’s decision may have an impact on the use and enjoyment of that party’s property.  An example of such interested party includes, though is not limited to, a next door neighbor.)

3.         An interested party may present evidence by affidavits, letters, reports, live testimony, photographs, videos, or any other medium generally accepted by the courts of this state.

4.         An interested party shall have the right to cross-examine any witness testifying for another party.

5.         All evidence shall be material and relevant to the issue before the board; the Chair shall have the right to limit the presentation of evidence that is not material or relevant, that is repetitive, that constitutes harassment, or is unduly argumentative.

6.         Interested parties shall have five minutes to state their case to the board at the beginning of the hearing and five minutes to summarize at the end.

7.         All hearings shall be recorded, and the recording shall be maintained.  If the decision is appealed, the recording shall be transcribed.

8.         Except when examining witnesses, all remarks by an interested party shall be addressed to the chair.

9.         The interested party whose property or use of property is at issue shall have the burden of proof and shall have the right to open and close the evidence and the right to open and close the summary at the end of the hearing.

10.       In any matter before the board, the local government shall be considered an interested party.

11.       Within ten days of the hearing, the board shall mail its decision to all interested parties with reasons supporting the decision.