§ 2-100. Public hearings.

(A)

Notice.

(1)

Land use applications. For all land use applications requiring a public hearing as set forth in this ordinance, notice of the public hearing shall be given in the following manner. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.

(a)

Newspaper of general circulation. The City Planner shall publish notice of the time, place, and purpose of the public hearing at least once, not less than ten (10) days nor more than thirty (30) days before the hearing, in a legal newspaper of general circulation. For purposes of computing time, both the day of publication and the day of the public hearing shall be excluded.

(b)

Affected property owners. The City Planner shall mail notice to all owners of record of property located in whole or in part within three hundred fifty (350) feet of the boundaries of the subject property, as identified in the records of the Rice County Assessor's office, not less than ten (10) days nor more than thirty (30) days before the hearing.

(B)

Notification regarding natural resources. When an application for a conditional use permit, variance, appeal, zoning amendment, expansion of a nonconforming use, or other similar land use review relates to the Floodplain Management or Shoreland overlay districts, as established in Chapter 13, Overlay Districts, the City Planner shall submit to the Minnesota Commissioner of Natural Resources a written notice of public hearing at least twenty-one (21) days in advance of the hearing.

(C)

Procedures. All hearings conducted shall be open to the public. Any person may appear and testify at a hearing either in person or by duly appointed agent or attorney. Upon the conclusion of public input, the review body shall announce its decision or recommendation or shall continue the matter to a subsequent meeting. No additional public notice shall be required once the public hearing on an item has been opened. The review body shall keep minutes of its public hearings, and shall also keep records of its official actions. Decisions of the review body shall be filed in the office of the City Planner.

(D)

Continuances. Any applicant or authorized agent may request the continuance of a public hearing, provided that a written request is filed with the City Planner at least two business days prior to the date of scheduled public hearing. The Planning Commission and City Council, upon majority vote, may grant a continuance upon good cause, provided that the record indicates the reason for such continuance, any conditions placed upon said continuance, and the date on which the item will be considered. At the discretion of the Planning Commission or City Council, re-notification of public hearing may be required as specified in Section 2-100(A).

(E)

Notice to applicant regarding decision. The City Planner shall notify the applicant for any land use approval, in writing, of the City Council's decision within ten (10) days. In the event that the request for approval was denied, the letter shall clearly state the reasons for such denial.

(F)

Filing of resolutions and ordinances. The City Planner shall file with the Rice County Recorder's office a certified copy of all resolutions and ordinances pertaining to land use approvals and amendments to this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)