Sec. 47-363. - Conduct of the unified zoning board's hearing.

(a)  Sign up. All persons who wish to address the unified zoning board at a hearing on the proposed amendment under consideration by the unified zoning board shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)  Matter presented; out of order applications. The Chairman of the unified zoning board will read the proposed amendments under consideration in the order determined by the community development director. The community development director, or his designee, shall then present the amendment, along with the pertinent departmental reviews, if any, prior to receiving public input on the proposed amendment. If an application is not complete, or all requirements of this article have not been complied with, the application is out of order and may be taken off the agenda. It shall be postponed until the next meeting of the unified zoning board. If the application has already been advertised and persons wishing to speak have appeared for the hearing, the board may choose to hear from them, but an additional hearing shall be required. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(c)  Speakers. The Chairman of the unified zoning board will then call each person who has signed up to speak on the amendment in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless a majority of the board, in its discretion, allows the person to speak to the amendment, notwithstanding the failure of the person to sign up prior to the hearing.

(d)  Time limits. Each speaker shall be allowed five minutes to address the unified zoning board concerning the amendment then under consideration, unless the unified zoning board, by majority vote of the members present, votes to allow additional time for a particular speaker to address the board on said proposed amendment. The applicant shall have a minimum of ten minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by majority vote of the board. In all circumstances, in order to comply with state law, the proponent(s) and opponent(s) of each amendment shall have no less than ten minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full ten minutes if desired. In the event the opponents collectively take more than ten minutes, the applicant's time shall be extended similarly if desired. One member of the unified zoning board shall be designated as the timekeeper to record the time expended by each speaker.

(e)  Decorum and order. Each speaker shall speak only to the merits of the proposed amendment under consideration and shall address his remarks only to the members of the unified zoning board. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The chairperson may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the chair from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed amendment is conducted in a fair and orderly manner.

(f)  These procedures shall be available in writing at each hearing.

(Min. of 11-10-2016, § 15.5; Ord. No. 2018-0001, § 3, 4-12-2018)

 

Sec. 47-365. - Conduct of the mayor and city council's hearing.

(a)  Sign up. All persons who wish to address the mayor and city council at a hearing concerning a proposed zoning decision under consideration by the mayor and city council shall first sign up on a form to be provided by the city prior to the commencement of the hearing.

(b)  Matter presented. Proposed zoning decisions shall be called in the order determined by the community development director. The community development director or his designee will read the proposed zoning decision under consideration and summarize the departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. If an application is not complete, or all requirements of this article have not been complied with, the application is out of order and will not be called at that meeting. It shall be tabled for one month. If the application is still incomplete or out of order at the next meeting, it shall be deemed withdrawn. The applicant shall have to wait six months to reapply.

(c)  Speakers. The mayor shall call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first. Prior to speaking, the speaker will identify himself and state his current address. Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the mayor and city council, in their discretion, allow the person to speak to the zoning decision, notwithstanding the failure of the person to sign up prior to the hearing.

(d)  Time limits. Each speaker shall be allowed five minutes to address the mayor and city council concerning the zoning decision then under consideration, unless the mayor and city council allow additional time for a particular speaker to address the mayor and city council on said proposed zoning decision. The applicant shall have a minimum of ten minutes for his presentation (including all related witnesses or experts). The applicant may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Opponents are not allowed rebuttal or a second opportunity to speak, unless specifically granted by the mayor and city council. In all circumstances, the proponent(s) and opponent(s) of each amendment shall have no less than ten minutes per side for presentation of data, evidence, and opinion thereon; if there is only one applicant or opponent, such person shall have the full ten minutes if desired. In the event the opponents collectively take more than ten minutes, the applicant's time shall be extended similarly if desired. A member of the mayor and city council's staff shall be designated as the timekeeper to record the time expended by each speaker.

(e)  Decorum and order. Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his remarks only to the mayor and city council. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The mayor and city council may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection. Nothing contained herein shall be construed as prohibiting the mayor and city council from conducting the hearing in an orderly and decorous manner to ensure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

(f)  These procedures shall be available in writing at all hearings.

(Min. of 11-10-2016, § 15.7; Ord. No. 2018-0001, § 3, 4-12-2018)

Virtual Board Meeting Procedures

 

During the existence of the Covid-19 emergency, City staff will implement the following procedures for remote UZB and City Council meetings and public hearings.

BOARD PROCESS

  • Unified Zoning Board and City Council meetings will be held via the Zoom video conferencing platform.

  • The Zoom video conferencing link will be provided at the top of meeting agenda, which will be posted to the City website the week prior to the meeting as is standard practice.

  • The Zoom link will also be advertised in coordination with the City’s website.

  • The chairman or City manager will oversee the meeting and provide these procedures as part of the opening preamble.

  • Public Hearings will be conducted in accordance with currently existing rules and procedures, which shall be available online at the City’s website: https://www.adairsvillega.net/rules-and-procedures with the following additional provisions:

APPLICANT PROCESS

  • The applicant will designate speakers ahead of the meeting to provide its presentation to the board.

  • The applicant will be identified by case number and name and will only be permitted to present during its specific case.

  • Anyone who is not a designated speaker but is in support of the application may also register to speak in favor by notifying the City at info@adairsvillega.net at or prior to the outset of the meeting.

  • The applicant presentation and anyone in support of an application will have 10 minutes to provide comments as provided by code.

  • If the applicant has concerns that the virtual nature of the meeting is impacting the presentation of his application, he may request that the matter be deferred until such time as the City is able to safely conduct an in-person public hearing.  Such request shall be granted up until the time that the public hearing on the application is closed.  Afterwards, whether or not to grant the applicant’s request for a deferral will be in the discretion of the Board or City Council, as applicable.

PUBLIC COMMENT PROCESS

  • Members of the public are invited and encouraged to participate in the virtual meeting but are reminded to conduct themselves with the same professionalism and demeanor as the UZB or City Council.

  • Members of the public wishing to speak should register to speak prior to or at the outset of the meeting by notifying the City at info@adairsvillega.net.

  • The public is asked to indicate SUPPORT, OPPOSITION, or QUESTION and the case number of the item they are speaking on to ensure staff is able to manage reading comments into the record and responding to questions.

  • The public is also encouraged to submit written comments to the City in advance of the public hearing, which will be made part of the application file.

**The recording of the Zoom virtual meeting will be posted to the City’s Agendas and Meetings webpage here: https://www.adairsvillega.net/council-minutes

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