This Article establishes procedures which shall, unless the context specifically indicates otherwise, be applicable to the Mayor and City Council and Planning Commission (hereafter referred to as the "Public Hearing Body") in the conduct of all public hearings. Public hearings as are herein required shall be governed by the following policies and procedures for conducting public hearings, and the Public Hearing Body shall follow such policies and procedures for the conduct of public hearings, except in cases where it is prudent to dispense with formalities in such cases where due process of the applicant or interested parties will be unaffected. Nothing contained herein shall be construed as prohibiting the Public Hearing Body from conducting the public hearing in an orderly and decorous manner to assure the public hearing on a proposed application is conducted in a fair and orderly manner. These rules shall be public record and shall be made available at the public hearing.

The presiding officer of the Public Hearing Body shall indicate that a public hearing has been called for the consideration of said applications. Thereupon, the Public Hearing Body shall consider each application on an individual basis in the order of the published agenda or as otherwise called by the presiding officer.

The presiding officer shall call upon the Land Development Officer or their designee to make a report, if any, concerning the proposed application. The Land Development Officer or their designee shall then give the report, if any, for said application.

The presiding officer shall call on the applicant or applicant's agent who shall present and explain his application. It shall be the duty of the applicant to carry the burden of proof that the proposed application promotes public health, safety, morality, and/or general welfare and adheres to the standards of this chapter [appendix].

Following the applicant's presentation, the presiding officer may ask for a show of hands of those persons who wish to appear in support of or opposition to the petition. If it appears that the number of persons wishing to appear in support of or opposition to the petition is in excess of that which may reasonably be heard, the presiding officer may request that a spokesperson for the group be chosen to make presentations. Proponents and opponents of each decision shall have at least 10 minutes to present data, evidence and opinions on the proposed application.

Prior to speaking, each speaker will identify him or herself and state his or her current address. Each speaker shall speak only to the merits or liabilities of the proposed application under consideration and shall address his or her remarks only to the Public Hearing Body. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed application under consideration. The presiding officer may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate these procedures.

After public testimony, the applicant or applicant's agent shall be allowed a short opportunity for rebuttal and final comment.

After the above procedures have been completed, the presiding officer will indicate that the public hearing is formally closed, and the public hearing shall not be reopened except upon formal vote of the Public Hearing Body; provided, however, that this provision shall not require the closure of a public hearing where at the discretion of the Public Hearing Body the hearing should be continued at a later time or date.

The Public Hearing Body, for any reason it deems necessary or desirable, may recess or continue a hearing. Upon recessing or continuing a hearing, the Public Hearing Body shall announce the time, date and place when the hearing or hearings will be resumed and such public announcement shall be considered sufficient notice thereof to all persons.

After the public hearing is closed, the Public Hearing Body may vote upon the proposed application. Prior to voting, the Public Hearing Body shall consider evidence and public testimony presented at the public hearing, and the Public Hearing Body shall apply the evidence to the applicable criteria specified in this chapter [appendix] for said application. It will not be required that the Public Hearing Body consider every criteria contained in this chapter [appendix], except for variances where all criteria for approving variances must be met. At such public hearings as herein required to be held by the Mayor and City Council, the Mayor and City Council may enact a Title granting the application, or may by motion deny the application at the conclusion of the public hearing, or within a specified time thereafter. If the Mayor and City Council determine from the evidence presented that the applicant has shown that the proposed application is consistent the applicable criteria for said application, the application shall be granted and such approval may be subject to those reasonable conditions as may be imposed by the Mayor and City Council.

Any petition for an amendment to the text of this chapter [appendix], to amend the zoning map, or for a conditional use permit may be withdrawn at any time prior to the public hearing on said application by the person or entity initiating such a request, upon written notice to the Land Development Officer. In the event of such withdrawal, no filing fee for said application would be refunded by the City.

In a case where an application for text amendment to this chapter [appendix], application for map amendment, or application for conditional use is denied by the Governing Body, or in the case of a variance application that has been denied by the Planning Commission, the same or substantially similar application shall not be eligible for re-submittal and reconsideration until six months has elapsed from the date of said denial.