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415 then be heard by the variance board or planning commission upon the same published 416 notice, mailing notice and hearing procedure as set forth in, chapter 108 of this code. (Ord. 417 1 176, 11 -25-1996) (Ord. 1301, passed 2-9-2004, effective 4-1-2004) *030 �TIME LIMITATION: 418 IM1014# 419 44WI014.04: PROCEDURE FOR VACATING STREET OR ALLY., 420 Any application to vacate a street or alley shall be accompanied by payment of the amount set 421 forth in section 44441015 .03 of this title and by an abstractor's certified property certificate 422 showing the property owners within three hundred fifty feet (350') of the street or alley desired to 423 be vacated. The application shall be heard by the planning commission procedure set forth in 424 chapter 108 of this code, except that the notice shall contain a description of the location of the 425 street or alley to be vacated, (Ord. 1176, 11-25-1996) 426 1014.05: PROCEDURE FOR SETBACK PERMIT: 427 B. Procedure For Setback Permit: An owner of land may file an application for a setback 428 permit as defined in subsection B I of this section by paying the fee set forth in section 42:9 1 Q 141015.03 of this title and providing a completed application and supporting documents 430 as set forth by the community development department. The application s ' hall then be 431 referred to the development review committee as set forth in subsection B2 of this section. 432 In the event that the committee and contiguous property owners unanimously recommend 433 approval of said setback permit, the setback permit may be issued by the community 434 development director. In the event the setback permit is not issued by the community 4 3 5- development directororif the applicant does not find the conditions placed on such a 436 permit per subsection Bl:0 of this section acceptable, the applicant may proceed as provided 437 in section 1014.02 of this chapter, and the original fee shall be applied to the fee as 438 required for a variance. 439 12. If the requirements listed in this section cannot be achieved by the applicant, the 440 variance procedure (section 1014.02 of this chapter) shall apply. All encroachments 441 greater than those described in this section shall adhere to the variance procedure and shall 442 have a demonstrated physical hardship as defined by state statute. 443 13. Properties granted setback permits under this section shall not be allowed further 444 encroachments into the reduced setback area as allowed under subsection 1013.02B of 445 this title. (Ord. 1223, 6-29-19:99) in 4 it-1- 1-W 1`4 10 15, 0 1 1 A I A 10 X WA 1 15.02 44441015.034- .1015.04-0 Enforcement Separate Offenses Fees Board of Zoning Adjustments and Appeals 18