Hearing Procedures



The hearing procedure is as follows:
1.
The Chairperson calls the case by number, address, etc.

2. Those appearing for or against are asked to stand and give their position, name and address.

3. The Zoning Administrator, through the Assistant City Attorney, is given the opportunity to intervene on behalf of the City, a right given under the ordinance. Comments as to the City’s position are often given at this time.

4. If fewer than five members are present, the options are explained.

5. The Technical Secretary of the Board is asked if the premises have been properly posted with the notification sign. Failure to post or improper posting will result in the hearing being dismissed or rescheduled.  The Technical Secretary of the Board then presents the exhibits made or received in the office of the Board. You have the right to examine, approve or object to any exhibit. Please request the right to review any exhibits if you have questions about it.

Example of Exhibit Order:

     (1) The action of the Zoning Administration being appealed.

     (2) The sketch of the property made by the office staff.

     (3) The photograph of the notification sign taken by staff.
          *Any failure to post the notification sign that requires a rescheduling of the appeal
           will result in an additional $50.00 fee.

     (4) The Registered Neighborhood Organization Notification Form.

     (5+) Can be previous Board of Adjustment cases on the property, plans, powers of
            attorney, letters, or any other exhibits that are presented.

7. The statement made on the appeal application is read into the record.

8. The oath that one swears or affirms to tell the truth is administered to all who may wish to testify.

9. The Applicant is then asked to present the case to the Board on whatever grounds relief is sought (see Tips & Miscellaneous page), during which additional exhibits may be submitted to the Technical Secretary, through the City Attorney, for marking. It is often helpful, if you have several documents as exhibits, to make up packets in at least 3 copies: the original for the file to be stamped as an exhibit, one for your use, and one for the City Attorney/Zoning file. In extremely technical cases, it may be useful to have a copy of each document or Code section cited for each Board member. However, it is seldom necessary to have multiple copies of plans, photographs or visual aids. In many cases, it has become almost mandatory to have letters or petitions of consent from the adjacent property owners. All exhibits presented (stamped file copies) must be kept on file in the office of the Board for at least thirty (30) days after the final decision, at which time they may be picked up, unless the case has been appealed to District Court. (On cases granted “per plans submitted”, the drawings are forwarded to the Department of Zoning Administration.)

10. The Board, the Zoning Administration and any objectors may ask questions of the Applicant.

11. Any objectors may then give testimony and present exhibits.

12. The Board, the Zoning Administration and the Applicant may ask questions of the objectors.

13. Closing statements are then permitted.

14. The exhibits are admitted and the case is closed.
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