An application for a zoning ordinance text or map amendment, conditional use permit, interim use permit, variance and/or site plan review shall be processed in accordance with the following procedure.
(A) Timeline. Pursuant to M.S. § 15.99, as it may be amended from time to time, an application for an amendment shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant.
(B) Application. Applications shall be filed with the Zoning Administrator on an official application form of the city, accompanied by a fee as established by City Council resolution. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development or use. The number of copies to be provided and any additional data shall be determined by the Zoning Administrator. Applications shall be complete before they are accepted. A complete application shall include the following information:
(1) A city application form(s) relating to the request signed by all persons with an interest in the subject property affected by the request. A copy of an owner's duplicate certificate of title or other approved documentation of interest shall also be submitted with the signed application form(s);
(2) All supporting information required by this chapter and/or outlined in § 152.135 of this chapter and application documents included with the city application forms;
(3) Payment of all fees, associated with the applicable application(s);
(4) A pre-application meeting shall be required by city staff at which the appropriate application procedures, requirements and applicable provisions relating to the request will be reviewed and explained; and
(5) An application will be deemed complete unless the applicant receives written notice within 15 business days exclusive of Saturdays, Sundays and legal holidays of its submission indicating it is not complete and indicating what information is missing. This notice shall be considered given by its deposit in the United States mail, first class postage prepaid, addressed to any listed applicant at the address given on the application form. In the event the applicant fails to provide an address on the application form, this notice requirement for incomplete applications shall be deemed waived by the applicant.
(C) Additional data. The City Council, Planning Commission and city staff may request additional information from the applicant concerning the application or may require as a condition of proceeding with its consideration of any matter that the applicant furnish expert opinion and data at the expense of the application.
(D) Technical reports. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the Planning Commission and City Council. The technical reports are to be entered in and made part of the record of the Planning Commission and forwarded to the City Council.
(E) Notice of hearing. For applications involving zoning amendments, conditional use permits, interim use permits and variances, the Zoning Administrator shall set a date for a public hearing. Notice of the hearing shall consist of a legal property description, a general description of the property location and a description of the request to be published in the official newspaper at least ten days prior to the hearing. With the exception of zoning amendments to properties in excess of five acres, written notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the records available to the city, within 350 feet of each parcel included in the request.
(F) Notice not received. Failure of the city to send or a property owner to receive notice shall not invalidate any proceedings under this chapter, provided that a bona fide attempt has been made to comply with the requirements of division (E) above of this section.
(G) Hearing. After receipt of the report of the Zoning Administrator, the Planning Commission shall conduct the public hearing and consider the application at its next regular meeting.
(H) Presentation of application. The applicant or a representative of the applicant shall appear before the Planning Commission in order to present the case for the application and to answer questions concerning the request.
(I) Recommendations of Planning Commission. The Planning Commission shall recommend actions or conditions relating to the application as deemed necessary or desirable to carry out the intent and purpose of this chapter and the Comprehensive Plan. The recommendation shall be either in the minutes or by written resolution and forwarded to the City Council.
(J) Record before City Council. The Zoning Administrator shall place the report and recommendation of the Planning Commission and the city staff on the City Council agenda after Planning Commission action, or the expiration of 60 days after the first consideration by the Commission, whichever is earlier, subject to the limitations of M.S. § 15.99, as it may be amended from time to time. The reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
(K) City Council review. Subject to the limitations of M.S. § 15.99, as it may be amended from time to time, the City Council shall act upon an application after it has received the report and recommendation from the Planning Commission. If, upon receiving the reports and recommendations of the Planning Commission and Zoning Administrator, the City Council desires further consideration, or finds that inconsistencies exist in the review process, data submitted or recommended action, the City Council may, before taking final action, refer the matter back to the Planning Commission with a statement detailing the reasons for referral.
(L) City Council action.
(1) Approval of a proposed amendment shall require a majority vote of all members of the City Council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial shall require a two-thirds majority vote of all members of the City Council.
(2) Denial of applications for amendment shall be accompanied by written findings of fact of the City Council, including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this chapter and is otherwise injurious to the public health, safety and welfare.
(3) Approval of an amendment shall be effective upon its date of publication.
(M) Approvals required.
(1) Approval of an amendment shall require a majority vote of all members of the City Council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a four-fifths super majority vote of all members of the City Council.
(2) Approval of a request for conditional use permit, interim use permit or variance shall require passage by a three-fifths vote of all members of the City Council.
(3) Approval of a request for site and building plan review shall require passage by a majority vote of all members of the City Council.
(N) Notice to applicant. The Zoning Administrator shall notify the applicant of the decision of the City Council in writing, including any relevant resolution and findings which may have been passed by the City Council.
(O) Filing of notice of action. A certified copy of any zoning ordinance amendment, conditional use permit, interim use permit or variance authorized shall be filed with the County Recorder.
(P) Reconsideration. Whenever an application has been considered and denied by the City Council, a similar application affecting substantially the same property shall not be considered again by the Planning Commission or City Council before the expiration of six months from the date of its denial and any succeeding denials. However, a decision to reconsider the matter may be made by not less than four-fifths vote of all members of the City Council at any time.
(Prior Code, § 11-3-3) (Ord. 258, passed 5-4-2006)