(A) Criteria for granting amendments. The City Council may adopt amendments to this chapter and the zoning map in relation to land uses within a particular district or to the location of the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Comprehensive Plan or changes in conditions in the city.
(B) Procedure.
(1) An amendment to the text of this chapter may be initiated by the City Council, the Planning Commission, or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the Council until it has received the Planning Commission’s recommendations. Individuals wishing to initiate an amendment to this chapter shall complete a zoning amendment application form and submit it to the Zoning Administrator.
(2) (a) A public hearing on the rezoning application shall be held by the Planning Commission within 30 days after the request for the zoning amendment has been received.
(b) Legal notice concerning official action pursuant to this section shall be as follows:
1. A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
2. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail.
(3) The City Council must take action on the application within 60 days following receipt of a complete application, unless the timeline has been extended or waived in accordance with M.S. § 15.99, as it may be amended from time to time. The person making the application shall be notified of the action taken. The amendment shall be effective upon majority vote of the Council, with the exception of an amendment changing all or part of the classification of a district from residential to either commercial or industrial, which shall be effective only if two-thirds of all members of the Council concur with its passage. The City Council shall maintain records of amendments to the text and zoning map of the ordinance.
(4) No application of a property owner for an amendment to the text of the ordinance 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 warrant it.
(5) To defray administrative costs including map changes, publication expenses, and filing fees for the purpose of processing requests for an amendment to this chapter, the applicable fee shall be paid by the petitioner. The applicable fee for a zoning ordinance amendment shall be established by the City Council.
(Prior Code, § 519.090) (Ord. passed 10-8-2003)