17.225.070 Appeal hearing.
A. The board of adjustment shall hold an appeal hearing on the appeal at its first regular meeting 30 days after the appeal record has been completed.
B. At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the assembly, for good cause shown, permits a change in the order or an enlargement of time.
1. Borough staff, including commission representatives: 10 minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision.
2. Appellant: 10 minutes.
3. Private person supporting the appeal: 10 minutes each.
4. Private person opposing the appeal: 10 minutes each.
5. Appellant, for rebuttal: 10 minutes.
C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard.
D. The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. [Ord. 90-44 §6, 1991. Formerly §17.100.070].