Various land use applications described in this code require a public hearing before the planning commission, or both the planning commission and the city council. There are two types of public hearings which may be involved in land use applications or amendments to this code. If the action involves a specific parcel or parcels of land, a quasi-judicial hearing is required. If the action does not involve a specific parcel of land, such as a wording change, the deletion, addition or change in a permitted use or conditional use within a zoning district, the hearing would be a legislative hearing. The notice of public hearing procedure is different for each type of hearing.
(Ord. 89-O-446 § 1; Ord. 93-O-446.O § 2)
Land use actions involving a planned unit development, variance, conditional use permit, land development code amendments or comprehensive plan amendments, annexation, street vacations, appeals, partitions, and subdivisions require a public hearing before either the planning commission only or both the planning commission and the city council. The specific sections of this code that provide for these actions, indicate whether one or two public hearings are required.
(Ord. 89-O-446 § 1; Ord. 93-O-446.O § 2)
Upon the filing of an application for a land use action, land development code amendment or comprehensive plan amendment which requires a public hearing, the city manager or his designee shall prepare and file with the city recorder a notice of public hearing. Said notice shall contain a description of the real property and/or the section of the land development code or comprehensive plan which is the subject of the proposed application. The said description shall be sufficient to reasonably identify as to the property which is the subject of the proposed application. The notice shall specify the application requested, the time and place of the public hearing to be held thereon and indicate whether the public hearing shall be held before the planning commission or city council.
(Ord. 89-O-446 § 1; Ord. 93-O-446.O § 2)
The notice of public hearing for quasi-judicial hearings shall be published in a newspaper of general circulation in the city of Brookings. The notice and a map showing the location of the subject property will also be mailed to all property owners within 250 feet of the subject property. The city manager may specify a greater mailing radius if deemed appropriate.
A. 
If the land use application requires approval of the planning commission only, the notice will both appear in the local paper and be mailed at least 20 days prior to the hearing date.
B. 
If the application requires approval of both the planning commission and the city council, the notice will both appear in the local paper and be mailed at least 10 days prior to each hearing date.
(Ord. 89-O-446 § 1; Ord. 93-O-446.O § 2)
Legislative actions affecting this code or the comprehensive plan require a hearing before both the planning commission and the city council. The notice of public hearing for legislative hearings shall be published in a newspaper of general circulation in the city of Brookings at least 10 days prior to the date of each hearing.
(Ord. 89-O-446 § 1; Ord. 93-O-446.O § 2)
In cases where it is not clear whether a quasi-judicial or legislative hearing is required, the quasi-judicial process shall be followed.
(Ord. 89-O-446 § 1; Ord. 93-O-446.O § 2)