2006 Minnesota Statutes

394.26 PUBLIC HEARINGS.
    Subdivision 1.[Repealed, 1974 c 571 s 51]
    Subd. 1a. When required. In addition to public hearings required by section 375.51 prior to
the adoption by ordinance of any comprehensive plan or amendments thereto or of any official
control or amendment thereto, public hearings shall be held before any conditional use permit, any
variance, and any proposal for a subdivision is approved or denied by the responsible authority,
and in circumstances where a public hearing is otherwise required by sections 394.21 to 394.37.
Such public hearings may be continued from time to time and additional hearings may be held.
    Subd. 2. Notice. Notice of the time, place, and purpose of any public hearing shall be given
by publication in a newspaper of general circulation in the town, municipality, or other area
concerned, and in the official newspaper of the county, at least ten days before the hearing, except
that notice of public hearings in connection with the adoption by ordinance of any comprehensive
plan or amendments thereto or adoption or amendment of any official controls shall be given in
the manner provided by section 375.51, subdivision 2. In addition to the requirements of section
375.51, subdivision 2, written notice of public hearings on all official controls and amendments
thereto shall be sent to the governing bodies of all towns and all municipalities located within
the county. Written notice of public hearings regarding the application of official controls to
specific properties, including but not limited to conditional uses, variances, zoning regulations,
and subdivision regulations, shall be sent to all property owners of record within 500 feet of
the affected property in incorporated areas. In unincorporated areas, the written notice shall be
sent to property owners as follows:
(a) in the case of variances, to owners of record within 500 feet of the affected property;
(b) in the case of conditional uses, to owners of record within one-quarter mile of the affected
property or to the ten properties nearest to the affected property, whichever would provide notice
to the greatest number of owners;
(c) in the case of all other official controls, including but not limited to zoning regulations
and subdivision regulations, to owners of record within one-half mile of the affected property.
Written notice shall also be given to the affected board of town supervisors, and the
municipal council of any municipality within two miles of the affected property.
    Subd. 3.[Repealed, 1974 c 571 s 51]
    Subd. 3a. Who runs hearing. The board may assign responsibility to conduct public
hearings for one or more purposes to the planning commission, board of adjustment or any official
or employee of the county, except as provided in section 375.51.
History: 1959 c 559 s 6; 1963 c 692 s 4; 1974 c 571 s 20-22; 1976 c 177 s 1; 1980 c 477 s 1