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~p 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