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<br />-, -".--,,..p""'_'I..... ._=~,.."..,"';.'..'"'....-,,"_. ~.,"...'_~.;~~ J!lI <br /> <br />) <br /> <br />Ordinance 83-2 <br />Page Two <br /> <br />place of the public hearing. Failure of the property owner to receive <br />notice shall not invalidate the hearing or proceeding. <br /> <br />o Section 4. That Section 900.44, Subsection 3, of the Elk River Zoning <br />Ordinance is amended by deleting the phrase "or Council" from the public hearing <br />requirement from the ordinance procedures to read as follows: <br /> <br />3. Public Hearing - No amendment shall be adopted until a public hearing <br />has been held theron by the Planning Commission. Notice of the time, <br />place, and purpose of an amendment hearing shall be published in the <br />official newpaper at least ten (10) days prior to the day of hearing. <br />When an amendment involves changes in one or more district boundaries <br />affecting an area of five (5) acres or less, notice of the hearing shall <br />be mailed at least ten (10) days before the date of hearing to each <br />owner of property within the area proposed to be changed and owners <br />of property situated wholly or partially within three hundred fifty <br />(350) feet of the property to which the amendment relates. Any ap- <br />propriate records may be used to determine the names and addresses of <br />such owners, and a copy of the notice, together with a list of the <br />owners and addresses to which the notice was sent, shall be attested to <br />by the City Clerk or Building and Zoning Administrator and shall be <br />made part of the record of the proceeding. The failure of a property <br />owner to receive notice as specified herein shall not invalidate the <br />public hearing or the amendment proceeding. <br /> <br />Section 5. That this Ordinance shall take effect and be in force from and <br />after the date of its publication. <br /> <br />Passed and adopted on: this <br /> <br />day. of <br /> <br />, 1983. <br /> <br />Richard Hinkle <br />Mayor' <br /> <br />ATTEST: <br /> <br />Robert C. Middaugh <br />City Administrator <br />