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HomeMy WebLinkAboutNo 848 Amending Various Sections of the Code About Public Hearings ORDINANCE 848 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MAPLEWOOD CITY CODE ABOUT PUBLIC HEARINGS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 12-310 (f)(1). Variances. (f) Variances. Procedures for granting variances from this section are as follows: (1) The city council may approve variances to the requirements in this section. Before the city council acts on a variance, the planning commission shall hold a public hearing and shall make a recommendation to the city council. The city staff shall notify the property owners within 500 feet of the buffer at least ten days before the hearing. The city may require the applicant to mitigate any buffer alteration. Section 2. This amendment changes Section 14-57. License application approval procedure. Sec. 14-57. License application approval procedure. An application for a home occupation shall be filed with the director of community development. Upon receipt of a complete application, the director of community development or his or her designee, shall prepare a report and recommendation to send to the planning commission. The planning commission shall hold a public hearing for each home occupation license request. The city shall mail a notice to all property owners within 500 feet of the proposed home occupation at least 10 days before the hearing. The city also shall publish the public hearing notice in the official newspaper at least ten days before the hearing. The planning commission will consider the proposal and then shall make a recommendation. The planning commission’s recommendation shall be forwarded to the city council. The city council will make the final decision about all home occupation license requests. (Code 1982, §17-22) Section 3. This amendment changes Section 34-5(c). Sec. 34-5. Preliminary plat procedure. (c) The director of community development shall deliver to the finance director for deposit any moneys received as fees required in this chapter with each preliminary plan. The finance director shall credit the money to the general fund of the city. All moneys so received shall be used to defray the expenses of processing the application. The director of community development shall prepare a report and recommendation. This report shall then be forwarded to the planning commission. The planning commission shall hold a public hearing about the proposal and they shall forward a recommendation to the city council. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. The applicant, property owner, and all other property owners within 500 feet of the property to be subdivided shall be notified by mail at least ten days before the day of the hearing. When a division or subdivision to which this chapter does not apply is presented to the city, the city clerk shall with in ten days certify that this chapter does not apply to the particular division. If the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminary approved, and upon demand the city shall execute a certificate to that effect. Section 4. This amendment changes Section 44-10. Zoning map. Sec. 44-10. Zoning map. (a) Generally. The boundaries of the districts designated in section 44-9 will be shown on a map, and the map is hereby made part of this chapter, which map shall be known as the zoning map of the City of Maplewood. The map shall include any zoning changes recommended by the planning commission and adopted by the city council. The planning commission shall hold a public hearing to consider all zoning map changes and shall make a recommendation about such changes to the city council. The city shall notify all property owners within 500 feet of the proposed zoning map change about the public hearing and shall publish a public hearing notice in the official newspaper at least ten days before the public hearing. All interested persons shall be heard at the hearing or any adjournment thereof. After the hearing, the planning commission shall forward a recommendation to the city council. The city council shall adopt the zoning map and any changes to it; and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described. The map shall be kept up to date as provided in subsection (c) of this section. Section 5. This amendment changes Section 44-1093(c). (c) The development shall conform to the plan as filed with the city. Any substantive changes in the plan shall require a recommendation by the planning commission after they hold a public hearing and require the approval of the city council. Section 6. This amendment changes Section 44-1096(b). Sec. 44-1096. Procedure. (b) The planning commission shall hold at least one public hearing on each application for a conditional use permit. The director of community development shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. The director shall also cause a notice to be mailed to each of the owners of property within 500 feet of the boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. Section 7. This amendment changes Section 44-1240(b). Sec. 44-1240(b). (b) The city shall send a copy of approved amendments, subdivisions, variances or conditional uses under this article to the commissioner. The city shall mail all such approvals within ten days of final action. When the city approves a variance after the commissioner has recommended denial, the notification of the approved variance shall include the minutes of the public hearing and of the city council’s action. Section 8. This amendment changes Section 44-1283(a). Sec. 44-1283. Permit termination. (a) The material extraction permit may be terminated by the city for violation of this article and of any conditions of the permit. No permit may be terminated until the city council has held a public hearing and the city council has determined whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The city council may establish certain conditions which, if not complied with by the operator, will result in immediate suspension of operations until the city council holds a public hearing to consider terminating the permit. Passed by the Maplewood City Council on July 12, 2004.