Public hearings required for amendment of this chapter, contract zone, conditional use, major site plan, or other request identified in this chapter shall be noticed and conducted in conformance with the following provisions.
A. Submission requirements. The applicant shall provide an abutters list and mailing envelopes in conformance with this section.
(1) Abutters list. A complete list of abutters within two-hundred-and-fifty (250) feet of the property, including those in neighboring communities, and public drinking water suppliers if the property contains or is within a source water protection area.
(2) Mailing envelopes. A mailing envelope for each abutter identified in Subsection A, above. Each mailing envelope shall include a first class stamp, an address for each abutter, and the return address for the City Department which oversees the public hearing process.
B. Notification of applicant and abutters. Once an application is determined to be complete and, at least ten (10) days prior to the date of its public hearing, the City Department which oversees the public hearing process shall post a notice in City Hall and send written notice to the applicant and abutters by first class mail, as specified in Subsection A, above, except that notice for an amendment of this chapter or contract zone shall be posted and written notice send out at least thirteen (13) days prior to the date of the public hearing. Notice shall contain a brief description of the proposed activity, the name of the applicant, the location of the property that is the subject of the public hearing and the nature of the request, the location where the application is available for inspection, description of how to submit written comments and how the reviewing board or committee shall consider comments, and the date, time, and location at which the application shall be considered. Failure of any abutter to receive a notice of public hearing shall not be grounds for delay of the public hearing, consideration of the application, and approval or denial of the project. In considering the subject of the public hearing, the City Department which oversees the request shall, without altering the meaning, intent, or substance of the proposal, put into such language or form as is appropriate to the review and requirements of this chapter.
C. Advertisement in newspaper and posting. An advertisement for any request which requires a public hearing in this chapter shall be posted in a newspaper of general circulation in the City at least ten (10) days prior to the date of the public hearing, except that a request for amendment of this chapter or contract zone shall be published at least twice, the first advertisement shall be published at least twelve (12) days prior to the date of the public hearing and the second notice shall be published at least seven (7) days prior to the public hearing.
D. Hearing procedure.
(1) Any persons may appear in person or by agent or attorney at the hearing. Hearings shall not be continued to other times except for good cause.
(2) The board or committee conducting the public hearing may ask staff to attend and/or present plans, photographs, or other materials it deems appropriate for an understanding of the subject of the public hearing.
(3) Persons wishing to share complex data, reports, or arguments are encouraged to submit the information in writing seven (7) days in advance of the hearing.
(4) Individuals and organizations with comparable positions in support or opposition are encouraged to be brief and not provide duplicative comments.
(5) Anyone wishing to present testimony before the board or committee shall provide his/her name and address. Representatives of organizations including, but not limited to, City Committees and Homeowners' Associations, shall state for the record at the outset of his/her presentation whether the organization has authorized the substance of what is being presented.
(6) To maintain orderly procedure, anyone wishing to present testimony shall be allowed to proceed without interruption. Following testimony, members of the board or committee shall have the opportunity to raise questions.
(7) The hearing shall be closed after all parties have been heard. If additional time is needed, the hearing may be continued to a later date. All participants shall be notified of the date, time, and place of the continued hearing.
(8) Once the public hearing is closed, all further comment by the public and/or the applicant shall only be allowed through the Chair. The Chair may limit further input from the public and/or the applicant to allow the board or committee time for deliberation on the application.
(9) In the case of extenuating circumstances, the board or committee may waive any of the above rules by unanimous vote of those in attendance upon good cause shown.
