§ 9.4. Public hearings.  


Latest version.
  • The City Council may, from time to time on its own motion or by recommendation of the Planning Commission, amend the regulations and districts herein after a public hearing has been held thereon.

    A.

    Conduct of Public Hearings by the City Council. The policy and procedures for calling and conducting hearings before the City Council is as follows:

    1.

    Zoning hearings shall be held during regular or scheduled meetings of the City Council, at a time and place provided in the published notice of the hearing.

    2.

    The proposed zoning action and the party initiating said proposal for zoning action shall be stated, and the Mayor shall read the published notice of the proposed zoning action to be considered by the City Council.

    3.

    A verbal staff report shall be made by City Staff, stating the recommendation of the Planning Commission and summarizing the written report submitted for the hearing, which written report shall include the general lines of inquiry of Section 9.3 of the Zoning Ordinance.

    4.

    Both persons favoring and persons opposing a proposed zoning action shall have an opportunity to address the City Council. The party proposing a zoning amendment shall be invited to speak first, followed by persons opposed to the proposed zoning amendment. Each speaker will be asked to identify himself or herself and state his/her current address. When all opposing statements have been heard, the party proposing a zoning amendment may be permitted to rebut those statements.

    5.

    Each speaker shall speak only to the merits of the proposed zoning amendment and shall address remarks only to the City Council. Each speaker shall refrain from personal attacks on any speaker or the discussion of facts or opinions irrelevant to the proposed zoning action. The Mayor may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this requirement.

    6.

    The proponents and the opposition of any zoning action shall have a total of 30 minutes each to address the City Council regarding the zoning action. Upon request made to and approved by the City Council prior to speaking, any single individual for or against a zoning action may speak for up to 15 minutes. All other speakers shall be limited to no more than 5 minutes unless permitted additional time by the City Council. Any allowance of additional time shall not extend the overall 30-minute time limit for a particular side of the zoning action unless more overall time is granted by the City Council to permit a more complete discussion of the issue. Any rebuttal by proponents shall be allowed only within the overall time constraints set out herein. Nothing in this [subsection] shall be construed to limit the ability of the Mayor to maintain decorum in the conduct of a hearing in a fair and orderly manner.

    7.

    Because of time constraints in hearings, interested parties shall be encouraged to submit petitions, studies, letters, and other materials. Such materials, if presented orally at the hearing, shall be subject to the time limits provided above.

    8.

    The City Council shall have discretion to call on previous speakers as necessary for clarification of views expressed or the materials submitted. The City Council may call for such additional view, studies, or other information from any source as then considered necessary to making a sound decision on the proposed zoning action.

    9.

    The City Council shall have discretion to continue a hearing to a later date if the materials submitted or views expressed require more time for study and consideration than may reasonably be allocated in one meeting.

    B.

    Conduct of Public Hearings Before the Planning Commission. Before taking action on any proposed amendment, the Planning Commission shall hold a public hearing, conducted as follows, and printed copies of the following shall be available for distribution to the general public:

    1.

    Public hearings shall be held in conjunction with regular or scheduled meetings of the Planning Commission, at a time and place provided in the published notice of the hearing.

    2.

    The hearing shall be conducted by the Chairman or other hearing officer designated by the Planning Commission.

    3.

    Upon the convening of the hearing, the Chairman shall read the published notice of the proposed zoning amendments to be considered by the planning Commission. Proposed zoning amendments then shall be considered in the order indicated by the published notice.

    4.

    The proposed zoning amendment and the party initiating said proposal for zoning amendment shall be stated by the Chairman, who shall then call for a staff report on the proposed amendment.

    5.

    No member of [the] Woodbine Planning Commission shall vote on a matter in which he has any pecuniary or special interest, and no staff member may represent an individual applicant or party.

    6.

    A verbal staff report shall be made, stating the recommendation of the Zoning Staff and summarizing the written report submitted for the hearing, which written report shall include the general lines of inquiry of Section 9.3 of the Zoning Ordinance.

    7.

    Both parties favoring and persons opposing a proposed zoning amendment shall have an opportunity to address the Planning Commission. The party proposing a zoning amendment shall be invited to speak first, followed by person favoring the proposed zoning amendment, and then by persons opposed to the proposed zoning amendment. The applicant may be represented by an agent or an attorney. Each speaker will be asked to identify himself or herself and state his/her address. When all opposing statements have been heard, the party proposing a zoning amendment may be permitted to rebut those statements.

    8.

    The Chairman may place reasonable limits on the number of persons who may speak for or against the proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning amendment.

    9.

    Each speaker shall speak only to the merits of the proposed zoning amendment and shall address remarks only to the Planning Commission. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning amendment. The Chairman may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this requirement.

    10.

    Because of time constraints in hearings, interested parties shall be encouraged to submit petitions, studies, letters, and other materials requiring prior study in time to have them included in the final agenda for the hearing. The Planning Commission shall have discretion to accept such materials at the hearing if circumstances did not permit earlier submittal. Such materials, if presented orally at the hearing, shall be subject to the time limits provided herein.

    11.

    Upon conclusion of public comments, as determined by the Chairman, conduct of the meeting shall be returned to the presiding official of the Planning Commission. The Planning Commission shall have discretion to call on previous speakers as necessary for clarification of views expressed or the materials submitted.

    12.

    Nothing in this shall be construed to limit the ability of the Chairman to maintain decorum in the conduct of a hearing, in a fair and orderly manner.

    13.

    The Planning Commission shall have discretion to continue a hearing to a later date if the materials submitted or views expressed require more time for study and consideration than may reasonably be allocated in one meeting.

    14.

    The Planning Commission may call for such additional views, studies, or other information from any source as then considered necessary to making a sound decision on the proposed zoning amendment.