83-002 ORD
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ORDINANCE 83-2
AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING ORDINANCE AND FLOODPLAIN
MAN,GEMENT ORDINANCE REQUIRING THE PLANNING COMMISSION TO HOLD PUBLIC HEARINGS
The City Council of the City of Elk River does ordain as follows:
Section 1. That Section 900.40, Subsection 6(b) of the City's Zoning
Ordinance titled, "Conditional Use Permits" be amended to read as follows:
b. Planning Commission Comment - The Board shall make no decision on an
on an appeal or request for variance until the Planning Commission has
had a reasonable opportunity, not to exceed sixty (60) days, to hold
a public hearing and to review and report to the Board upon appeal or
variance. Not less than ten (10) days before the date of the hearing,
notice of the hearing shall be mailed to the petitioner or appellant,
be published in the official newspaper, and be mailed to each owner of
property situated wholly or partly within three hundre fifty (350)
feet of the property to which the variance or appeal relates. Failure
of a property owner to receive notice shall not invalidate the hearing
or proceeding.
Section 2. That Section 900.42, Subsection 2 of the Elk River Zoning
Ordinance is amended by adding the following:
2. Planning Commission Revie~ - On receipt of the report of the Planning
Commission, the Council may hold a public hearing and shall make a de-
cesion upon the proposal to grant or deny a conditional use permit.
At least ten (10) days in advance of each hearing, notice of the time
and place of such hearing shall be transmitted to the applicant and
shall be published in the offtcial newpaper. All property owners
within three hundre fifty feet (350) shall be notified by mail of the
subject, time and place of the public hearing. Failure of the prop-
erty owner to receive notice shall not invalidate the hearing or pro-
ceeding.
Section 3. That Section 900.42. Subsection 3, of the Elk River Zoning
Ordinance is amended by deleting the word "shall" and adding the word "may" to
the following:
3. Council Action - On receipt of the report of the Planning Commission,
the Council may hold a public' hearing and shall make a decision upon the
proposal to grant or deny a conditional use permit. At least ten (10)
days in advance of each hearing, notice of the time and place of such
hearing shall be transmitted to the applicant and shall be published
in the official newspaper. All property owners within three hundred
fifty feet (350) shall be notified by mail of the subject, time and
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Ordinance 83-2
Page Two
place of the public hearing. Failure of the property owner to receive
notice shall not invalidate the hearing or proceeding.
o Section 4. That Section 900.44, Subsection 3, of the Elk River Zoning
Ordinance is amended by deleting the phrase "or Council" from the public hearing
requirement from the ordinance procedures to read as follows:
3. Public Hearing - No amendment shall be adopted until a public hearing
has been held theron by the Planning Commission. Notice of the time,
place, and purpose of an amendment hearing shall be published in the
official newpaper at least ten (10) days prior to the day of hearing.
When an amendment involves changes in one or more district boundaries
affecting an area of five (5) acres or less, notice of the hearing shall
be mailed at least ten (10) days before the date of hearing to each
owner of property within the area proposed to be changed and owners
of property situated wholly or partially within three hundred fifty
(350) feet of the property to which the amendment relates. Any ap-
propriate records may be used to determine the names and addresses of
such owners, and a copy of the notice, together with a list of the
owners and addresses to which the notice was sent, shall be attested to
by the City Clerk or Building and Zoning Administrator and shall be
made part of the record of the proceeding. The failure of a property
owner to receive notice as specified herein shall not invalidate the
public hearing or the amendment proceeding.
Section 5. That this Ordinance shall take effect and be in force from and
after the date of its publication.
Passed and adopted on: this
day. of
, 1983.
Richard Hinkle
Mayor'
ATTEST:
Robert C. Middaugh
City Administrator