Subd. 1. Types of amendments. The amendments adopted by the City Council may be as follows:
A. A change in a district's boundary (rezoning).
B. A change in a district's regulations.
C. A change in any other provision of this chapter.
Subd. 2. Methods to initiate proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
A. By petition of an owner of the property which is proposed to be rezoned, or for which district regulation changes are proposed.
B. By recommendation of the Planning Commission.
C. By action of the City Council.
Subd. 3. Procedures.
A. By property owner. The procedure for a property owner to initiate a rezoning or district regulation change applying to his or her property is as follows:
1. The property owner or his or her agent shall meet with the Zoning Administrator to explain the situation, learn the procedures and obtain an application form.
2. The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator and shall pay a filing fee as established from time to time by the City Council.
3. The Zoning Administrator shall transmit the application and required exhibits to the Planning Commission and shall notify, by U.S. Mail, property owners within the affected zone and within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings, unless such notice is required by law.
4. The Zoning Administrator shall set the date for a public hearing required by law, and shall have the notice of such hearing published in the legal newspaper at least once, not less than ten days, nor more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or the City Council.
5. The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days after the public hearing, one of three actions: approval, denial, or approval with special conditions/modifications.
6. The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission. Amendments to this chapter shall be by passage upon a simple majority vote of the City Council, provided that any action or passage overriding the recommendations of the Planning Commission shall require a four-fifths majority vote of the entire City Council.
7. No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of such request, except the Planning Commission may permit a new application if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrants it.
B. By Planning Commission or City Council.
1. Amendments of this chapter not initiated by the Planning Commission shall be referred to the Planning Commission for study and review.
2. All amendments of this chapter initiated by the Planning Commission or the City Council shall be the subject of a public hearing pursuant to law. A date shall be set for a public hearing and notice of such hearing published in the legal newspaper at least once not less than ten days, nor more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or City Council give notice in the manner required by law.
3. The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days after the public hearing one of three actions: approval, denial, or approval with special conditions/modifications.
4. The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission. Amendments to this chapter shall be by passage upon a simple majority vote of the City Council, provided that any action or passage overriding the recommendations of the Planning Commission shall require a supermajority (two-thirds) vote of the entire City Council.
Subd. 4. Exhibits to accompany the application. The following shall be submitted with an amendment application made by a property owner.
A. A preliminary building and site development plan. The City Council may also require a boundary survey of the property.
B. Evidence of ownership or enforceable option on the property.
Subd. 5. Criteria. The City Council may adopt amendments to this chapter and the city zoning map in relation both to land uses within a particular district or to the location of district lines. Such amendments shall comply with the procedural requirements of law. Amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city. The Planning Commission shall annually prepare a report for the City Council as to the operations of this chapter, including, when necessary, recommendations as to the enactment of amendments or supplements thereto.
(Ord. 699, passed 1-18-22)