§ 62-345. Procedures for conducting public hearings.

This section establishes procedures, which shall, unless the context specifically indicates otherwise, be applicable to the county board of commissioners, the county planning commission, (hereafter referred to as the "public hearing body") in the conduct of all public hearings. Public hearings as are herein required shall be governed by the following policies and procedures for conducting public hearing, and the public hearing body shall follow such policies and procedures for the conduct of public hearings, except in cases where it is prudent to dispense with formalities in such cases where due process of the applicant or interested parties will be unaffected. Nothing contained herein shall be construed as prohibiting the public hearing body from conducting the public hearing in an orderly and decorous manner to assure the public hearing on a proposed application is conducted in a fair and orderly manner. These rules shall be public record and shall be made available at the public hearing.

(1)

Call of hearing. The presiding officer of the public hearing body shall indicate that a public hearing has been called for the consideration of said applications. Thereupon, the public hearing body shall consider each application on an individual basis in the order of the published agenda or as otherwise called by the presiding officer.

(2)

Report by land development officer. The presiding officer shall call upon the land development officer or other appropriate staff to make a report, if any, concerning the proposed application. The land development officer or other appropriate staff shall then give report, if any, for said application.

(3)

Presentation by applicant. The presiding officer shall call on the applicant or applicant's agent who shall present and explain his application. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes the public health, safety, morality or general welfare.

(4)

Determination of interested parties. Following the applicant's presentation, the presiding officer may ask for a show of hands of those persons who wish to appear in support of/or, opposition to the petition. If it appears that the number of persons wishing to appear in support of/or opposition to the petition is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Proponents and opponents of each decision shall have at least ten minutes per side to present data, evidence and opinions on the proposed application.

(5)

Public testimony. Prior to speaking, each speaker will identify himself or herself and state his or her current address. Each speaker shall speak only to the merits or liabilities of the proposed application under consideration and shall address his or her remarks only to the public hearing body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate these procedures.

(6)

Applicant's rebuttal. After public testimony, the applicant or applicant's agent shall be allowed a short opportunity for rebuttal and final comment.

(7)

Close of public hearing. After the above procedures have been completed, the presiding officer will indicate that the public hearing is formally closed, and the public hearing shall not be reopened except upon formal vote of the public hearing body; provided, however, that this provision shall not require the closure of a public hearing where at the discretion of the public hearing body the hearing should be continued at a later time or date.

(8)

Recess of hearing. The public hearing body, for any reason it deems necessary or desirable, may recess or continue a hearing. Upon recessing or continuing a hearing, the public hearing body shall announce the time, date and place when the hearing or hearings will be resumed and such public announcement shall be considered sufficient notice thereof to all persons.

(9)

Vote. After the public hearing is closed, the public hearing body may vote upon the proposed application. Prior to voting, the public hearing body shall consider evidence and public testimony presented at the public hearing, and the public hearing body shall apply the evidence to the applicable criteria specified in this code for said application. It will not be required that the public hearing body consider every criteria contained in this code, except for variances where all criteria for approving variances must be met. At such public hearings as herein required to be held by the Gilmer County Planning Commission, the planning commission at the conclusion of the public hearing, or within a specified time thereafter may by motion, send forth a recommendation for granting the application or a recommendation for denial of the application. If the planning commission determines from the evidence presented that the applicant has shown that the proposed application is consistent the applicable criteria for said application, then the application shall be granted an approval recommendation, and such approval may be subject to those reasonable conditions as may be imposed by the planning commission. The recommendation shall be forwarded to the county board of commissioners, within ten days after the official action has been taken place, for a final decision of approval or denial.

(10)

Final approval or denial of an application. Upon receipt of the recommendation from the county planning commission, the county board of commissioners shall have 45 days to render a final decision by approving or disapproving of the recommendation, by approving it with modifications or conditions, or by remanding the matter with instructions to the planning commission. Upon making this decision, the applicant shall be notified of the decision within 30 days of the date such decision is rendered.

(Res. No. 05-56, § 15(App. A), 4-14-2005; Res. No. 06-48, § 27, 3-8-2006)