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The planning commission shall hold an appeal hearing to receive evidence pertinent to the granting or denial of said application. The hearing shall be limited to those issues raised on appeal, and the evidence shall be limited to a review of the record which may include oral arguments and testimony received at the hearing.

A. The commission chair shall preside over the hearing and shall make all rulings on issues of procedure, continuances, form and conduct of the hearing and admissibility of evidence.

B. At the hearing, testimony shall be under oath and subject to the following order and time limitations, unless the planning commission, for good cause shown, permits a change in the order or an extension of time:

1. City planner or representative, ten (10) minutes to present the city position and to set forth the evidence and reasons relied upon for the decision.

2. Appellant or representative, ten (10) minutes.

3. Each interested party supporting or opposing the appeal, five (5) minutes.

4. Appellant, for rebuttal, five (5) minutes.

5. Commission members may ask questions from those that presented oral arguments.

C. Technical rules of evidence do not apply, but the commission’s findings shall be based upon a preponderance of the evidence. All testimony and other evidence taken at the hearing shall be recorded.

D. The appellant bears the burden of proof by a preponderance of the evidence.

E. The planning commission may move into a closed deliberative session following the submission of evidence.

F. If, at the hearing, the planning commission determines that it needs additional information, it may recess for a period of not more than thirty-two (32) days to obtain and evaluate that information. [Ord. 22-17 § 4, 2022.]