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1985-46
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1985-46
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Last modified
3/20/2019 12:12:58 PM
Creation date
10/5/2015 9:55:56 AM
Metadata
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Ordinances
Ordinance Number
1985-46
Adopted Date
05/15/1985
Ordinance Type
Zoning
State Filed Date
05\31\1985
Entity Name
Board of Adjustment and Appeals Repealing
Subject
Decision Making and Administrative Bodies
Administrative Procedures
Planning Commission Repeal Section 29
Codified or Exempt
Codified
Supplemental fields
SmeadsoftID
13307
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iii. to cross-examine all witnesses; <br />iv. to examine and reproduce any documents produced at the <br />hearing; <br />to request one continuance for the purpose of presenting <br />evidence to rebut evidence introduced by any other person. <br />Such rights shall at all times be subject to the sound dis- <br />cretion of the body conducting the hearing and may be limited if <br />unwarranted or undue delay will result or where no new materials <br />or testimony will be presented. <br />Appearance, Withdrawal and Continuations. <br />i. Failureto A ear. An applicant's failure to appear or to <br />Fe represented at a scheduled hearing, shall not prevent a <br />decision from being made based solely on the information <br />contained in the application or other evidence provided at <br />the public hearing. <br />ii. Withdrawal. A withdrawal of an application shall be in <br />writing, signed by the applicant or designed representa- <br />tive, and shall be delivered to the Planning Department <br />prior to the hearing on the application; or an application <br />may be verbally withdrawn at the ti. -e the case is under <br />consideration at the hearing. too withdrawal of an applica- <br />tion shall be allowed after it has been heard at the <br />hearing, except by affirmation of the reviewing body. <br />iii. Continuation for Further Study. An application may be <br />continued during a public hearing at the request of the <br />Director of Planning and Develop?-ent, Planning and Zoning <br />Commission, Board of Zoning Adjust:.ent, or the Board of <br />County Commissioners based on the need for additional study <br />or information. <br />iv. Continuation Due to Modification. An application may be <br />continued at the request of the applicant or designated <br />representative when the applicant is proposing a modifica- <br />tion of his original request. <br />Record of the Hearing. <br />a. Record. <br />i. The transcript of testimony, the minutes of the Secretary, <br />all application, exhibits, documents, materials and papers <br />submitted in any proceeding before the decisionmaking body, <br />the report of the Director of Planning and Development or a <br />member of his staff, and the decision and report of the <br />decisionmaking body shall constitute record. <br />ii. The body conducting the hearing shall record the proceed- <br />ings by any appropriate means; upon request of any person <br />to the Director of Planning and Development and payment of <br />fee to cover the cost of transcription, the record may be <br />transcribed and a copy provided to that person. If a sound <br />recording is made, any person shall be entitled to listen <br />to the recording at any reasonable time, or make copies at <br />his own expense, at the Planning and Development Division <br />office. <br />iii. Any person shall be entitled to examine the record, at a <br />reasonable time, or make copies at his own expense, at the <br />Planning and Development Division. <br />5. Action by Decisionmaking Body. <br />a. Time. <br />-14- <br />
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