(A) Purpose and intent. The regulations, restrictions, and zoning districts promulgated in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed; provided that no action be taken until after a public hearing in relation thereto, at which parties with interest and citizens shall have an opportunity to be heard. These changes may be to the text, Zoning Map, or any other component of this chapter.
(B) Initiating a request.
(1) The Planning Commission or City Council may, upon their own motion, initiate a zoning amendment request in accordance with the provisions of this chapter.
(2) Any person owning property, or having documented interest therein, may initiate a request for a zoning amendment for that property in conformance with the provisions of this chapter. The property owner or designated representative shall complete the required application for a zoning amendment which may be obtained from the Zoning Administrator.
(C) Filing an application.
(1) The application shall be filed with the Zoning Administrator who shall refer the application together with comments thereon to the Planning Commission. Such application shall be accompanied by a fee as established by the City Council. The Zoning Administrator, after receipt and review of the application, may request additional information from the applicant which is deemed necessary for a proper review by the Planning Commission. The request for a zoning amendment shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.
(2) Whenever an application for a zoning amendment has been considered and denied by the City Council, a similar application for the zoning amendment affecting the same property shall not be considered again by the Planning Commission for at least one year from the date of its denial, except as follows:
(a) The Planning Commission determines that the circumstances surrounding the previous application have changed substantially; or
(b) The City Council, by a two-thirds vote, directs the Planning Commission to reconsider the zoning amendment.
(D) Public hearing. Upon receipt of an application for a zoning amendment, the Zoning Administrator shall set the time and date for a public hearing. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten days prior to the hearing. In the case of zoning amendments involving changes in district boundaries affecting an area of five acres or less, a written notice of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(E) Consideration of request by Planning Commission. Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting. The Planning Commission shall formulate its recommendations and forward a report and recommended findings of fact to the City Council who shall consider the request at its next regular meeting. Should the Planning Commission fail to provide a recommendation to the City Council, the applicant may appeal directly to the City Council for a decision. Failure of the Planning Commission to provide a recommendation to the City Council shall not invalidate the proceedings or actions of the City Council.
(F) Consideration of request by City Council.
(1) If, upon receiving the report and recommendation of the Planning Commission, the City Council finds inconsistencies in the review process, the City Council may refer the matter back to the Planning Commission for further consideration prior to making a final decision. The City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any conditions it considers necessary to protect the health, safety, and welfare.
(2) The City Council must take action on the zoning amendment request within 60 days from the date an application is received and deemed complete by the city. Approval of a proposed amendment shall require a two-thirds vote of the City Council.
(G) Effective date. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in a newspaper of general circulation.
(H) Appeals. Any person, taxpayer, department, board, or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 45 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be from time to time amended, supplemented, or replaced.
(Ord. passed - -)