(A) Purpose. This section specifies the procedures for amendments to the text of this chapter or associated Official Zoning Map.
(B) Application.
(1) An amendment to the text of this chapter or a change in the boundaries or designations in the Official Zoning Map may be initiated by a simple majority of the City Council or Planning Commission. Any persons owning property within the city, or their designated agent, may initiate an application to amend the district boundaries or designation on the Official Zoning Map for property in which they have a real estate interest.
(2) A request for an amendment to the text of this chapter or a change in the boundaries or designations in the Official Zoning Map shall be filed with the city on an official application form. The application shall be accompanied by a fee as set forth in a resolution by the City Council. The application shall include detailed written and graphic materials fully explaining the request. The city may require that the applicant submit the following information before the application can be deemed complete:
(a) The name and address of the applicant or applicants;
(b) The legal description of the area proposed to be rezoned, the name and addresses of all the owners of property lying within such area, and a description of the property owned by each;
(c) The present zone classification of the area and the proposed zone classification;
(d) A description of the present use of each separately owned parcel within the area and the intended use of any parcel of land therein;
(e) If determined by the city, a site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping, and other improvements;
(f) A statement of how the rezoning would fit in with the general zoning pattern of the neighborhood and the zoning plan of the entire city;
(g) A survey showing the property to be rezoned and the present zoning of the surrounding area for at least a distance of 350 feet, including the street pattern of the area, together with an abstractor’s certificate with the names and addresses of the owners of the land in each area;
(h) Proof of ownership of the property; and
(i) Such other information as the city may require.
(C) Notice.
(1) Pursuant to Minnesota Statutes, an application for an amendment to the text of this chapter or a change in the boundaries or designations in the Official Zoning Map shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to Minnesota Statute. If the initial 60 day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.
(2) Upon receipt of a complete application, as determined by the city, and following preliminary staff analysis of the application, the city, when appropriate, shall set a public hearing following proper hearing notification. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. Written notification of the hearing shall also be mailed at least 10 days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. This distance is increased to 1,000 feet for sites in the Conservancy, Rural Residential and Agricultural zoning districts.
(3) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.
(D) Procedure.
(1) Findings of fact. The Planning Commission recommendation and City Council decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Planning Commission and City Council shall consider the following standards, as set forth in division (E).
(2) The Planning Commission and city staff shall have the authority to request additional information from the applicant.
(3) The applicant or the applicant’s representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.
(4) The Planning Commission shall make findings of fact and make a recommendation on the request. The recommendation shall be in writing and accompanied by the report and recommendation of the city staff.
(5) Upon receiving the report and recommendation of the Planning Commission and the city staff, the city shall schedule the application for consideration by the City Council. The reports and recommendations shall be entered in and made a part of the permanent record of the City Council meeting.
(6) Approval of a request shall require passage by a majority vote of the entire City Council, except an amendment changing a district from residential to commercial or industrial that shall require a 2/3 majority vote.
(E) Standards for zoning amendments.
Map Amendments | Text Amendments |
Map Amendments | Text Amendments | |
The existing use and zoning of nearby property. | x | |
The extent to which the proposed amendment promotes the public health, safety, comfort, convenience, and general welfare of the city. | x | |
The relative gain to the public, as compared to the hardship imposed upon the applicant. | x | x |
The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for 1 or more of the uses permitted under the existing zoning classification. | x | |
The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located. | x | |
The evidence, or lack of evidence, of community need for the use proposed by the applicant. | x | |
The consistency of the proposed amendment with the Comprehensive Plan. | x | x |
The consistency of the proposed amendment with the intent and general regulations of this chapter. | x | |
Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy. | x | |
Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this chapter and the Comprehensive Plan. | x | |
That the proposed amendment will benefit the residents of the city as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest. | x | x |
The extent to which the proposed amendment creates nonconformities. | x | x |
The trend of development, if any, in the general area of the property in question. | x | |
Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted. | x | |
The extent to which the proposed amendment is consistent with the overall structure and organization of this chapter. | x | |
That there is an adequate buffer or transition between potentially incompatible districts. | x | |
That the proposed action will not adversely affect property values. | x | |
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010)