1006 Procedure for application, revocation, or modification of a conditional use permit

Whenever a public hearing is held concerning the issuance of a conditional use permit or the modification or revocation of a Conditional Use permit, the Planning and Zoning Commission, in consultation with legal counsel, shall establish a procedure to be followed to allow the orderly conduct of the Hearing and the full consideration and presentation of the information necessary to allow the board to make its informed decision. The procedure shall be communicated to all interested parties in advance of the hearing. Unless other procedures are adopted, the following procedures shall be used. 1) A Chairman shall be selected for the meeting who shall be responsible for maintaining order and decorum throughout the course of the Hearing. 2) The Chairman of the meeting shall call the meeting to order and advise the persons in attendance of the procedures to be followed and of the matter under consideration. 3) Each interested party shall be allowed a brief opening statement to summarize its position. 4) The party having the burden of proof shall present to the board facts and information, along with input of interested persons and opinions from experts having information helpful to the board and relevant to the matter before the board. At the discretion of the board, persons presenting factual testimony or experts presenting opinion testimony, may be placed under oath and subject to reasonable cross examination. 5) Following the conclusion of the presentation of evidence and opinion by the party having the burden of proof, the responding party or parties shall proceed in like manner to present facts, testimony and other evidence which is material and relevant to the issue to be decided by the board. 6) Witnesses who are asserting facts or experts presenting opinion testimony may be placed under oath and made subject to cross examination. 7) Generally, persons presenting general public comment or input such as property owners expressing support or opposition to the proposed use in the form of opinions or personal assessments as to the benefits or detriments of the proposed use will not be placed under oath or subject to cross examination. Those who assert specific facts which may be in dispute, may be subject to being placed under oath and cross examined. 8) The party bearing the burden of proof shall then be allowed a brief opportunity for rebuttal followed by a rebuttal from the party not having the burden of proof, if new facts or information are presented during the rebuttal. 9) Each party shall then be allowed an opportunity for a summation or closing statement as follows: The party with the burden of proof, followed by the responding party, followed by the party with the burden of proof. 10) The board may also allow other concerned citizens or members of the public who have not previously testified to present public input or matters of concern that should be considered by the board in making its decision. 11) The board may consider relevant and reliable written materials. Following the close of the public hearing, the board may deliberate and make its decision or may refer the issues or matters of concern to appropriate parties for further study or investigation. 12) After deliberation and consideration of all of the input and relevant facts and information, the board shall render a decision and shall set forth the facts and law supporting its decision. 13) A detailed record or recording of the Hearing shall be made and maintained by the planning and zoning board. 14) The board shall at all times maintain order at the Hearing and may order the removal of persons or parties that are disruptive of the deliberative process. 15) The hearing should be conducted in a manner so as to provide fair opportunity for interested parties and persons to present input and evidence and information to the board and to assure that information considered or relied upon by the board is reasonably reliable. It is not necessary that strict adherence to the judicial rules of evidence or rules of procedure be followed. The board may establish reasonable time limits for each of the phases of the Hearing as set forth above and may limit or prohibit unduly lengthy or repetitive information and may forbid presentation of information, opinions or matters which are relevant or material to the issue to be decided. 16) Any party aggrieved of the decision of the planning and zoning board may, within thirty (30) days of issuance of the written decision, file an appeal in writing with the Town of Dutch John Council. The written notice of appeal shall be delivered to the Town’s Clerk and shall state in reasonable detail and specificity the areas with which the appellant disagrees with the decision of the planning and zoning board and at least a summary of information supporting the disagreement with the planning and zoning board’s decision. 17) The Town of Dutch John Council shall obtain the record of the proceeding from the Planning and Zoning Commission and may schedule an additional public Hearing or may consider the appeal based upon the record and evidence obtained from the Planning and Zoning Commission. Any deliberation or consideration of the appeal shall comply with the Utah Open and Public Meetings Law.