Maiden Rock Town City Zoning Code
ARTICLE XI
Permits, Certificates, Variances and Appeals
§ 240-73 Land use permits.
A.
Applicability.
(1)
Land use permits, certifying that any such use, structure or site complies with the provisions of this chapter, shall be required in the following instances, unless specifically exempted therefrom by this chapter:
(a)
Construction, reconstruction, location, relocation, erection, extension, enlargement, conversion or structural alteration of any building, structure or part thereof, except signs requiring a sign permit and structures which are less than six inches in height above grade elevation.
(b)
Establishment of any accessory or principal use, except uses permitted as conditional uses.
(2)
A land use permit shall not be required for structures and activities waterward of the ordinary high-water mark which have minimal land use impacts, such as the establishment of bulkhead lines; placement of sand blankets, fish cribs, shore protection (rip rap), stream fords and private boat landings for the personal use of the riparian owner; waterfowl management practices; weed cutting; construction of small private wharfs or private piers for the personal use of the riparian owner; dredging and waterway enlargements; stream straightening; and placement of individual mooring buoys.
B.
Applications.
(1)
An application for a land use permit shall be submitted to the Zoning Administrator on forms furnished by the Pierce County Department of Land Management and shall include the following information:
(a)
Name and address of the property owner.
(b)
Signature of the property owner or agent.
(c)
Proof of ownership of the parcel.
(d)
Tax parcel number, deed, legal description or other identifier of the subject property.
(e)
An accurate plot plan, drawn at a scale which produces a clearly legible drawing, showing the following:
[1]
Boundaries, dimensions and area of the subject site.
[2]
The spatial relationship of the subject site to abutting public highways and rights-of-way, private roads, easements and navigable waters.
[3]
The location and dimensions of any existing or proposed structures or additions and their relationship to abutting public roads and rights-of way, private roads, property lines, existing and proposed wells and sanitary waste disposal systems and the ordinary high-water mark of navigable waters.
[4]
Location of proposed or existing road access points, parking and loading areas and driveways.
(f)
Additional information as may be required by the Zoning Administrator in order to determine the full compliance with the requirements of this chapter.
(g)
Water supply and sewage disposal. Satisfactory evidence that a safe and adequate supply of water and approved sewage disposal facilities will be provided, in accordance with the requirements of the Pierce County Sanitary Ordinance, shall be submitted.
(2)
Fee. All permit applications shall be accompanied by a fee established by the Pierce County Board of Supervisors.
(3)
No application shall be accepted by the Zoning Administrator until complete as judged by the Zoning Administrator and until all fees established by Pierce County have been paid in full.
C.
Permit issuance or denial. Upon the Zoning Administrator's determination that the proposed use or structure complies with the provisions of this chapter, a land use permit shall be issued. The permit shall authorize the applicant to proceed subject to all provisions of this chapter and any conditions attached to the permit. An application for a use or structure not in conformity with the provisions of this chapter shall be denied a land use permit and the reasons for denial shall be stated. No permit shall be issued for uses or structures involving human occupancy without documentation that provision has been made for safe and adequate water supply and disposal of sewage.
D.
Expiration.
(1)
Land use permits to establish a use shall expire 12 months from the date of issuance if no action has commenced to establish the use. Any change of land use after the expiration of a land use permit shall be considered a violation of this chapter.
E.
Renewal. If construction has commenced prior to the expiration of a land use permit but is not completed prior to such expiration, a twelve-month renewal land use permit shall be issued by the Zoning Administrator upon submittal of a renewal application and fee. Additional renewals shall be granted by the Zoning Administrator upon a finding that progress had been made during the previous year toward completion of the structure. If a twelve-month period passes without evidence of progress towards completion, the Zoning Administrator shall advise the Land Management Committee of the same, and the Land Management Committee may call a public hearing on the matter and may impose a completion schedule. For purposes of this chapter, a structure shall be deemed completed when the roof, exterior walls, doors, windows and subfloors are in place and finished and the sanitary waste disposal system has been installed.
F.
Termination. If a use or structure does not comply with the issued land use permit or this chapter, the permit shall be terminated by the Zoning Administrator. If a use permitted by a land use permit ceases for a period of more than 12 months, the land use permit shall terminate, and all future activity shall require a new land use permit.
§ 240-74 Sign permits.
A.
Applicability. This section only applies to those signs requiring a sign permit, as specified in § 240-61, that are erected, moved, structurally altered or reconstructed.
[Amended 4-19-2016 by Ord. No. 15-07]
B.
Applications.
(1)
All applications for sign permits shall be made to the Zoning Administrator on forms furnished by the Pierce County Department of Land Management and shall include the following:
(a)
Name, address and signature of the applicant.
(b)
Name, address and signature of the property owner, along with proof of ownership, of the site for the proposed sign, if different from the applicant.
(c)
Type, description and dimensions of the proposed sign.
(d)
Location of the building, structure or lot to which or upon which the sign is to be attached or erected.
(e)
A plan, drawn at a scale which produces a clearly legible drawing, showing the following:
(2)
Fee. All sign permit applications shall be accompanied by a fee established by the County Board of Supervisors.
(3)
No application shall be accepted by the Zoning Administrator until complete as judged by the Zoning Administrator and until all fees established by Pierce County have been paid in full.
C.
Permit issuance or denial. Applications for sign permits shall be reviewed by the Zoning Administrator for compliance with the requirements of this chapter. If compliance is found, the sign permit shall be issued. If compliance is not found, the sign permit shall be denied and the reasons for denial stated.
D.
Expiration. All sign permits shall expire 12 months from the date of issuance if the sign has not been erected. No sign shall be erected, moved, reconstructed or altered after expiration of a sign permit unless a new sign permit is obtained.
E.
Termination. If a sign does not comply with the issued sign permit or this chapter, the sign permit shall be terminated by the Zoning Administrator.
§ 240-75 Site plan review.
[Amended by Ord. No. 97-19]
A.
Review and approval.
(1)
Permits for new construction or additions to existing structures and buildings for commercial, industrial, institutional or multifamily uses shall require site plan approval as set forth in this section. The purpose of such approval is to assure site designs which promote compatibility between land uses, create safe and attractive site layouts and structures, provide proper access to streets and transportation, protect property values and contribute to efficient land use in Pierce County.
(2)
The Land Management Committee or its designee shall review the site, existing and proposed structures, architectural plans, neighboring uses, use of landscaping and open space, parking areas, driveway location, loading and unloading areas, highway access, traffic generation and circulation, lighting, drainage, water and sewer systems and proposed operations.
B.
Fee. All site plans shall be accompanied by a fee as established by resolution of the County Board.
C.
Site plan requirements. All site plans shall contain the following information:
(3)
Site plan information.
(a)
Lot boundaries, including legal description, and required setback distances.
(b)
Location of all public and private roads, Official Map streets and easements.
(c)
Location of all watercourses, drainage ditches, shoreland-wetlands, floodplains and required setbacks.
(d)
Location of all existing and proposed public and private utilities, wells, drainage structures and lighting.
(e)
Existing and proposed structures and buildings, structures to be removed the proposed use of all structures and their dimensions.
(f)
Floor plans and elevations, including dimensions, and exterior plans showing the design and character of each structure and building.
(g)
Traffic aspects of existing and proposed driveways and parking lots, including parking stall sizes and layout, handicap stalls and ramps, loading zones, driveway widths and traffic direction, sidewalks and pedestrian walkways and similar improvements.
(h)
Existing and proposed vegetation, areas of permanent open space, landscaping, fences, ground cover, areas of filling and grading in excess of six inches and contours.
(i)
Location of signs.
(j)
Operation plans, construction schedule and construction phases.
(k)
Other pertinent information as may be requested by the Land Management Committee or its designee. Items from the list of required information may be waived by the reviewer.
D.
Review and findings. The Land Management Committee or its designee shall review the site plan following submittal of complete and acceptable site plan materials. The Land Management Committee or its designee shall not approve a site plan unless it is determined that the proposed site plan is in conformance with the intent and purpose of this chapter and is consistent with the following scope of review. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the site plan reviewer by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature or condition likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the county. Any comments or objections to the site plan or general suitability of the site shall be communicated to the applicant, who shall have an opportunity to respond and amend the site plan. The review shall include:
(1)
The relationship of the site plan to adopted land use plans and policies.
(2)
Parking, loading, traffic generation and circulation layout so as to:
(a)
Minimize hazardous traffic movements.
(b)
Achieve efficient traffic flow in accordance with standards in the Institute of Traffic Engineers Transportation and Traffic Engineering Handbook.
(c)
Provide for the optimum number of parking spaces.
(d)
Provide for optimum loading and unloading in the case of commercial and industrial uses.
(e)
Provide for optimum access to public streets and highways.
(f)
Provide for pedestrian safety.
(3)
Provisions for surface and subsurface drainage and for connections to water and sewer lines so as not to overload existing public utilities nor increase the danger of erosion, flooding, landslide or other endangerment of adjacent or surrounding properties.
(4)
The use of landscaping so as to:
(a)
Maintain existing mature trees and shrubs to the maximum extent as is practical.
(b)
Buffer adjacent uses which may be incompatible.
(c)
Screen unsightly activities from public view.
(d)
Break up large expanses of asphalt and buildings with plant material.
(e)
Provide an aesthetically pleasing landscaping design.
(f)
Make optimum use of open spaces.
(g)
Provide plant materials and landscaping designs that can withstand the county's climate.
(5)
Location of principal structures, accessory structures, lighting, freestanding signs, refuse containers, mechanical equipment, etc., so that their locations do not impede safe and efficient traffic flow, do not adversely impact the development of adjacent property or the character of the surrounding neighborhood and do create an attractive grouping, spacing and placement of buildings and structures in relation to the site and its environs.
(6)
The operations of the proposed use to avoid any negative activity effect on adjacent properties.
E.
Sureties. The Land Management Committee may impose time schedules for completion of buildings, parking areas, open space uses, drainage and erosion control systems and landscaping. The Land Management Committee may require appropriate sureties, including but not limited to cash bonds, performance bonds, maintenance bonds and letters of credit, to guarantee that requirements will be completed on schedule. Failure to complete required improvements within specified time limits shall constitute a zoning violation.
F.
Appeals. Any person or persons aggrieved by any decision of the Land Management Committee's designee related to site plan review may appeal the decision to the Land Management Committee. Such appeal shall be filed with the Zoning Administrator within 30 days of the decision.
§ 240-76 Conditional use permits.
[Amended by Ord. No. 97-19]
A.
Applicability. A conditional use permit shall be required for the establishment of each use permitted as a conditional use and for an addition to or expansion of a nonconforming structure, or expansion or intensification of, a nonconforming use. Expansion of a use permitted as a conditional use shall also require a conditional use permit, except that the minor expansion of a building housing a use permitted as a conditional use which would not increase the scale or intensity of that use shall only require a land use permit.
B.
Application.
(1)
An application for a conditional use permit shall be submitted to the Zoning Administrator upon forms furnished by the Pierce County Department of Land Management. The application shall contain the following information:
(b)
Upon written request by the Zoning Administrator, such additional information as may be required by the Zoning Administrator so that the Land Management Committee can determine whether or not the proposed use at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to public health, public safety or the character of the surrounding area. The written request shall contain an explanation of why the additional information is needed.
(c)
Water supply and sewage disposal. Where the proposed use involves human occupancy, satisfactory evidence that a safe and adequate supply of water and approved sewage disposal facilities will be provided, in accordance with the requirements of the Pierce County Sanitary Ordinance, shall be submitted.
(2)
Fee. All conditional use permit applications shall be accompanied by a fee established by the County Board of Supervisors.
(3)
No application shall be accepted by the Zoning Administrator until complete as judged by the Zoning Administrator and until all fees established by Pierce County have been paid in full.
C.
Public hearing. A public hearing shall be held by the Land Management Committee after a public notice has been given as provided in § 240-81. At the public hearing, any party may appear in person or be represented by an agent.
D.
Determination. Following review, investigation and public hearing, the Land Management Committee shall render a decision in writing.
E.
Basis of approval.
(1)
The Land Management Committee shall review each conditional use permit application for compliance with all requirements applicable to that specific use and to all other relevant provisions of this chapter. In approving conditional uses, the Land Management Committee also shall determine that the proposed use at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to the public health, public safety or character of the surrounding area.
(2)
To aid in the review of the proposed project against the above criteria, the Land Management Committee may evaluate the following specific criteria but shall not be limited thereto:
(a)
Whether the proposed project will adversely affect property in the area.
(b)
Whether the proposed use is similar to other uses in the area.
(c)
Whether the proposed project is consistent with adopted Pierce County plans or any officially adopted town plan.
(d)
Provision of an approved sanitary waste disposal system.
(e)
Provision for a potable water supply.
(f)
Provisions for solid waste disposal.
(g)
Whether the proposed use creates noise, odor or dust.
(h)
Provision of safe vehicular and pedestrian access.
(i)
Whether the proposed project adversely impacts neighborhood traffic flow and congestion.
(j)
Adequacy of emergency services and their ability to service the site.
(k)
Provision for proper surface water drainage.
(l)
Whether proposed buildings contribute to visual harmony with existing buildings in the neighborhood, particularly as related to scale and design.
(m)
Whether the proposed project creates excessive exterior lighting glare or spillover onto neighboring properties.
(n)
Whether the proposed project leads to a change in the natural character of the area through the removal of natural vegetation or altering of the topography.
(o)
Whether the proposed project would adversely affect the natural beauty of the area.
(p)
Whether the proposed project would adversely affect any historic or archaeological sites.
(3)
The applicant's failure to satisfy the criteria listed in Subsection E(2) or any other applicable requirement in this chapter may be deemed grounds to deny the conditional use permit. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant.
(4)
Applications for conditional use permits in the Exclusive Agriculture District shall comply with any restrictions or limitations contained in Chapter 91, Wis. Stats. Prior to approving any conditional uses in the Exclusive Agriculture District, the Land Management Committee shall make findings that the conditional use is necessary, in light of alternative locations for such use, and the conditional use is consistent with agricultural use, as required under § 91.75, Wis. Stats.
[Amended by Ord. No. 99-11]
F.
Conditions and restrictions. The Land Management Committee may, in approving an application for a conditional use permit, impose such restrictions and conditions that it determines are required to prevent or minimize adverse effects from the proposed use or development on other properties in the neighborhood and on the general health, safety and welfare of the county. Such conditions may include financial sureties. The Land Management Committee may limit the use of land to one specific use permitted in the zoning district for which the conditional use permit is sought.
G.
Expiration. All conditional use permits shall expire 12 months from the date of issuance where no action has commenced to establish the authorized use. If a time limit has been imposed as a condition for the permit, the permit shall expire at the end of the time limit.
H.
Notification.
(1)
Pursuant to § 91.75(5), Wis. Stats., the Pierce County Department of Land Management shall notify the Wisconsin Department of Agriculture, Trade and Consumer Protection of all conditional uses approved in the Exclusive Agricultural District.[1]
[1]
Editor’s Note: Former Subsection H(2), which immediately followed and required the provision of a copy of any conditional use decision that affected shorelands to the Department of Natural Resources, was repealed 9-27-2016 by Ord. No. 16-03.
I.
Termination. If an established conditional use is not conducted in conformity with the permit or this chapter, the conditional use permit may be terminated by action of the Land Management Committee. If an established use permitted as a conditional use ceases for a period of more than 12 months, the conditional use permit shall terminate, and all future activity shall require a new conditional use permit.
[Amended 4-22-2008 by Ord. No. 07-09]
J.
Resubmission. A conditional use permit application that has been heard and decided shall not be eligible to be resubmitted during the six months following the decision. The six-month period may be waived by the Land Management Committee, provided that the applicant submits a written report identifying how the new application differs materially from the previous application or identifying substantial new evidence that will be offered, and provided that the Land Management Committee votes, by simple majority, that the changes or new evidence would be of such significance that the Committee might consider changing the previous decision.
K.
Appeal. Persons aggrieved by conditional use permit decisions issued by the Land Management Committee may, within 30 days of the filing of each such decision in the office of the Zoning Administrator, file a certiori review action with the Pierce County Circuit Court.
§ 240-77 Certificate of compliance.
No land shall be occupied or used and no building or structure hereafter erected, altered or moved shall be occupied until a certificate of compliance is issued by the Zoning Administrator documenting that the use, building or structure conforms to the provisions of this chapter.
§ 240-78 Variances.
A.
Petition. A petition for variance shall be filed by the property owner, or the owner's agent, using forms furnished by the Pierce County Department of Land Management. Such petition shall include the following:
(1)
Name and address of the property owner and petitioner (if different).
(2)
Signature of petitioner.
(3)
Location of property involved in the petition.
(4)
Proposed use or structure in question, including a site plan showing the preferred arrangement for which the variance is sought.
(5)
Section(s) of this chapter from which a variance is requested.
(6)
Details as to the narrowness, shallowness, shape, topography or other characteristics of the land or the physical conditions applying to the building, structure use or intended use which make it not merely inconvenient but extremely difficult, if not impossible, to comply with the provisions of this chapter.
(7)
A statement that the conditions detailed above are unique to this property and are not generally existing on other properties in the same zoning district.
(8)
A statement that the unnecessary hardship was not caused by the applicant nor by any persons still having an interest in the property.
(9)
Fee. A petition for a variance shall be accompanied by a fee established by the County Board of Supervisors.
B.
Processing.
(1)
Public hearing. The Board of Adjustment shall hold a public hearing in accordance with § 59.694, Wis. Stats., and after a public notice has been given as provided in § 240-81A. At the hearing, any party may appear in person or by agent or by attorney.
(2)
Decision. Within a reasonable time, the Board of Adjustment shall render a decision to either grant or deny the request for variance.
C.
Standards for variance. The Board of Adjustment shall consider the following standards for granting a variance. The burden of proof at all times remains with the applicant to establish that the proposed variance meets the following standards:
(1)
Unnecessary hardship. That there are present actual physical conditions applying to the lot, parcel, building, structure, use or intended use on that parcel which are creating the unnecessary hardship in the application of this chapter, as distinguished from a mere inconvenience to the owner if the strict letter of the regulations is required.
(2)
Unique condition. That the conditions described in Subsection C(1) are unique, exceptional, extraordinary or unusual circumstances applying only or primarily to the property under consideration and are not of such a general or recurrent nature elsewhere in the same zoning district as to suggest or establish the basis for ordinance changes or amendments or of having that effect if relied upon as the basis for granting a variance.
(3)
Conditions not self-created. That the condition creating the hardship or difficulty was not caused by the petitioner nor by any person still having an interest in the property.
(4)
Public interest. That in granting the variance there will not be a substantial detriment to neighboring property and the grant of variance will not be contrary to the purpose of this chapter and the public interest.
(5)
Effect on uses. No variance shall have the effect of allowing in any district a use not permitted in that district.
D.
Department of Natural Resources notification. Pursuant to Section NR 115.05(6)(h) of the Wisconsin Administrative Code, a copy of any variance shall be provided to the district office of the Department of Natural Resources within 10 days of the date such decision is rendered.
E.
Resubmission. A variance petition that has been heard and decided shall not be eligible to be resubmitted during the six months following the decision. The six-month period may be waived by the Board of Adjustment provided that the petitioner submits a written report identifying how the new petition differs materially from the previous petition or identifying substantial new evidence that will be offered and provided that the Board of Adjustment votes by simple majority that the changes or new evidence would be of such significance that the Board might consider changing the previous decision.
§ 240-79 Appeals.
A.
General provisions.
(1)
Where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator or Department Administrator, an appeal may be taken to the Board of Adjustment by any person aggrieved or by any officer, department, board or bureau of the municipality affected.
(2)
Such appeals shall be filed with the Department of Land Management within 30 days after the date of written notice of the decision or order of the Zoning Administrator or Department Administrator.
(3)
Stays. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the Board of Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
B.
Processing an appeal.
(1)
Petitions for appeals shall include:
(a)
Name, address and signature of the appellant.
(b)
Location of property affected by the appeal.
(c)
The decision being appealed and the grounds claimed for the appeal. The burden of proof at all times remains with the appellant.
(d)
Such additional information as may be required by the Board of Adjustment.
(2)
Fee. An appeal shall be accompanied by a fee established by the County Board of Supervisors.
(3)
The Pierce County Department of Land Management shall forthwith transmit to the Board of Adjustment the appeal and all documents constituting the record upon which the action appealed from was taken.
(4)
Public hearing. The Board of Adjustment shall hold a public hearing in accordance with § 59.694, Wis. Stats., and after a public notice has been given as provided in § 240-81A. At the hearing any party may appear in person or by agent or attorney.
(5)
Decision. The Board of Adjustment decision of the appeal shall be rendered in writing within 30 days after the public hearing. Such decision shall:
(a)
State the specific facts which are the basis for the Board's decision.
(b)
Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed from. The Board may also dismiss the appeal for lack of jurisdiction.[1]
[1]
Editor’s Note: Former Subsection C, Department of Natural Resources notification, which immediately followed, was repealed 9-27-2016 by Ord. No. 16-03.
§ 240-80 Amendments.
A.
The County Board of Supervisors may amend this chapter in accordance with § 59.69(5), Wis. Stats., and Chapter NR 115 of the Wisconsin Administrative Code and after a public notice has been given as provided in § 240-81. At the hearing any party may appear in person or by agent or attorney.
B.
Fee. A petition for an amendment shall be accompanied by a fee established by the County Board of Supervisors. Such fee may be waived as specified in the Department of Land Management rules of procedure.
D.
Zoning amendments in the Exclusive Agriculture District.
(1)
Pierce County may approve petitions for rezoning areas zoned for exclusive agriculture use only after findings are made based upon consideration of the following:
(a)
Adequate public facilities to accommodate development either exist or will be provided within a reasonable time.
(b)
Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide them.
(c)
The land proposed for rezoning is suitable for development, and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonable adverse effect on rare or irreplaceable natural areas.
(2)
Pursuant to § 91.77(3), Wis. Stats., the Wisconsin Department of Agriculture, Trade and Consumer Protection shall be notified of all rezonings pertaining to the Exclusive Agriculture District.
F.
Resubmission. A petition for zoning amendment that has been heard and decided shall not be eligible to be resubmitted during the six months following final action by the Pierce County Board of Supervisors. The six-month period may be waived by the Land Management Committee, provided that the petitioner submits a written report identifying how the new zoning amendment petition differs substantially from the previous petition or identifying substantial new evidence that will be offered, and provided that the Land Management Committee votes by simple majority that the changes or new evidence would be of such significance that the Pierce County Board of Supervisors might consider changing the previous decision.
G.
Limitations on use. The Land Management Committee and the Pierce County Board of Supervisors may, in the process of approving a zoning amendment, limit the use of land to one or more specific uses permitted in the zoning district for which the amendment is sought.
§ 240-81 Public hearings.
When public hearings are required by this chapter or by Wisconsin statutes, the following shall apply:
A.
Notice for public hearings.
(1)
Notice of any public hearing which the Land Management Committee or Board of Adjustment is required to hold shall be given by publishing in the county a Class 2 notice in accordance with Chapter 985, Wis. Stats. The notice shall specify the time and place of such hearing.
(2)
If the public hearing involves a petition for a zoning amendment, a copy of the hearing notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing.
(3)
If the public hearing involves a variance or an appeal before the Board of Adjustment, the Board of Adjustment shall give due notice to the parties in interest.[1]
[1]
Editor’s Note: Former Subsection A(4), which immediately followed and required notification of the Department of Natural Resources for any hearing involving shorelands, was repealed 9-27-2016 by Ord. No. 16-03.
B.
Public hearing procedures. The Land Management Committee or Board of Adjustment may adopt any formal or informal public hearing procedures.