Duluth UDC § 1206.04

1. Procedures. a. All public hearings held by the Zoning Board of Appeals to which this Article applies shall be held in accordance with the procedures of this Subsection. b. The presiding official may administer oaths and compel the attendance of witnesses by subpoena. c. The presiding official shall conduct the public hearing informally, as strict adherence to the rules of evidence is not required. d. All parties participating in the public hearing shall introduce only relevant evidence. e. All parties participating shall have the right to present witnesses and to cross-examine witnesses. 368 | P a g e Article Twelve. Appeals 2. Opening hearings. The presiding official shall open the public hearing by stating the matter being considered at the hearing. At this time, the presiding official may summarize the public hearing procedures. 3. Background and recommendations. An official of the Planning and Development Department shall submit the assembled record of the request to the Zoning Board of Appeals. The Planning and Development Official shall provide such information or explanation as appropriate to the circumstances of the request. 4. Proponents of the requested special exception or variance. a. Persons who support the request will be asked to comment first. The applicant or their designated agent may, upon recognition and upon statement of name, address and relationship to the matter, present and explain the request. The applicant may appear in person or may be represented by an agent or counsel. b. The applicant or the applicant’s representative shall be required to attend the public hearing unless written notice of hardship is received prior to the hearing. Failure of the applicant or the applicant’s representative to attend the public hearing, except in cases of hardship, may be due cause for the tabling of the application. c. The applicant shall have the burden of proof, which shall include the presentation of evidence and the burden of persuasion of each factor necessary to receive the approval of the request by the Zoning Board of Appeals. d. After completion of the presentation of the applicant, other persons who support the request will be asked to comment and will be allowed to speak in support of the request upon recognition and upon identification of the person's name, address, and relationship to the matter. 5. Persons opposing the requested special exception or variance. Persons who oppose the request will next be asked to comment. Each interested person, after being recognized, and providing their name, address, and relationship to the matter shall be afforded an opportunity to speak. 6. Rebuttal. The appellant shall have an opportunity for rebuttal concerning the request. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing. 7. Time limitations. The presiding officer has the discretion to impose time limitations on comments of each person, provided that no less than ten minutes (combined) shall be allowed for all those speaking in support of the request and no less than ten minutes (combined) shall be permitted for those speaking against the request. 8. Discussion. All public comments having been heard, the members of the Zoning Board of Appeals may discuss the matter among themselves. During this discussion period, the members may call on the Planning and Development Official, any proponent or opponent, or other persons in attendance to clarify points made previously, to answer questions or to provide additional information. Such persons may respond upon recognition. 9. Delay, rescheduling or continuation of hearing. A public hearing on a request may be delayed, rescheduled or continued to another time and date, provided the announcement of the new time, place and date is given at the time and place of the advertised hearing, which announcement shall constitute public notice for the delayed, re-scheduled, or continued hearing. 10. Transcription. a. All proceedings of the Zoning Board of Appeals shall be recorded on tape or other media. The recording of the proceedings shall be retained until any further appeals on a request have been exhausted. b. The appellant or any person in opposition to the request, at their expense, is allowed to have the public hearing transcribed by a court reporter. 369 | P a g e Article Twelve. Appeals