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For more information <br />on conducting public <br />hearings see LMCIT <br />risk management <br />memo, Public <br />Hearings. <br />Chase v. City of <br />Minneapolis, 401 <br />N.W.2d 408 (Minn <br />1981). <br />Rose CliiffLandscape <br />Nursery v. City of <br />Rosemount, 467 <br />N.W.2d 641 (Minn. <br />Ct. App. 1991). <br />Public hearings should include a complete disclosure of what is being <br />proposed, and a fair and open assessment of the issues raised. A public <br />hearing must include an opportunity for the general public and interested <br />parties to hear and see all information and to ask questions, provide <br />additional information, express support or opposition, or suggest <br />modifications to the proposal. <br />Public hearings should be conducted with a goal of developing findings of <br />fact to support the city's decision to grant or deny a zoning application. As a <br />result, it may be helpful for the city to provide the public with guidelines for <br />the procedure of the hearing and to encourage the public to present only <br />factual evidence for public consideration. <br />3. Review of specific types of zoning <br />applications <br />Cities who have adopted a zoning ordinance need procedures to help them <br />review the different types of zoning applications they receive. Cities <br />typically receive applications for conditional use permits, interim uses, <br />variances and requests for rezonings. As discussed above, all of these <br />applications are subject to the 60 -Day Rule. However, this is where the <br />similarities among the review procedures for each type of application ends. <br />Each type of application requires a different standard of review, because <br />state law (and likely local ordinance as well) establishes specific <br />requirements for granting each type of application. <br />a. Permitted uses <br />Cities may vary in their administrative procedures for handling permitted <br />uses. For example, some cities will have their building inspector confirm that <br />a use is permitted and meets all applicable zoning rules at the time a building <br />permit is issued with no other formal action from the city. Other cities, that <br />may not enforce the State Building Code, may require all landowners <br />seeking to develop or build to apply for a formal zoning permit. The permit <br />is issued to confirm that that the use is permitted and /or meets all other <br />applicable zoning standards. <br />Regardless of the administrative procedures used, it is important to <br />remember that a city may not impose additional conditions on a permitted <br />use that fits the standards of city ordinance. Such actions are likely to be seen <br />as arbitrary or denying the landowner equal protection and due process. <br />Generally, a landowner is entitled to engage in the permitted use provided <br />they have met all applicable requirements. <br />ZONING GUIDE FOR CITIES 35 <br />