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<br /> <br /> <br /> Created: 2025-05-22 16:40:51 [EST] <br />(Supp. No. 36) <br /> <br />Page 47 of 198 <br />e. A statement that all interested individuals will be allowed to provide written or oral comments at <br />the meeting. <br />(c) The hearing on land use requests shall substantially follow the following format: <br />(1) The planning commission or board of appeals and adjustments shall establish proof of the notice of <br />publication for the hearing. <br />(2) The community development director or designee, or representative, shall briefly state the nature of <br />the land use requested, and the ordinances and standards to which it applies. <br />(3) The applicant, or the applicant's representative, shall explain the request. <br />(4) The presiding official shall open the hearing and allow for public comment. <br />(5) Once all who wish to speak have been heard, and all written evidence submitted, the presiding official <br />shall close the hearing. <br />(6) The board or commission shall consider the request. <br />(7) The board or commission shall by motion establish findings and make a recommendation to table, <br />approve, approve with conditions, or deny the request. Approval or denial of zoning amendments shall <br />not be subject to special conditions. <br />(d) When action on a land use request has been tabled, and the applicant has not already been mailed notice of <br />extending the processing deadline to 120 days, the community development director or designee shall mail <br />such notice following the hearing. If tabling action on the application will not allow the council to consider <br />the board's recommendation within 120 days of the submission of the complete application, than tabling <br />consideration of the request shall occur only with the written consent of the applicant. No further public <br />notice is required for requests that have been tabled following the required notice under this chapter. <br />(e) Recommendations on land use requests shall be provided to the city council at their next regularly scheduled <br />meeting following adoption of the recommendation by the planning commission or board of appeals and <br />adjustments. <br />(Prior Code, § 1015-140.1, § 90-43) <br />Sec. 90-46. Presentation of notices. <br />(a) All notices of hearings, variance requests, and other matters required by this chapter shall be made by <br />regular U.S. Mail to the property owner of record at the time of the mailing. <br />(b) Published notices of all hearings and other meetings made under this chapter shall be made in the official <br />newspaper of the city, as designated by the city council. <br />(c) Errors or inconsistencies in any notice, late publishing or mailing, or failure to receive a notice by any <br />individual, shall not limit or invalidate any action taken by the city in the processing and approval of any <br />request made under this chapter. <br />(Prior Code, § 1015-150.1, § 90-44) <br />Sec. 90-47. Enforcement. <br />No land use request shall be granted, including, but not limited to, conditional use permits, variances, <br />subdivisions, building permits, or certificates of compliance, for any property not in compliance with this chapter, <br />unless such request shall result in the property being brought into full compliance, except lawful nonconforming