A. Amendments To The Zoning Ordinance: The regulations, restrictions, and zoning districts promulgated in this title may, from time to time, be amended, supplemented, changed, rezoned, or repealed; provided that no action be taken until after a public hearing in relation thereto, at which parties with interest and citizens shall have an opportunity to be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, map, or both components of this title.
B. Initiation Of Zoning Amendment Request: The planning commission or city council may, upon their own motion, initiate a zoning amendment request in accordance with the provisions of this title.
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 title. The property owner or designated representative shall complete the required application for a zoning amendment which may be obtained from the zoning official.
C. Filing Application For A Zoning Amendment: The application shall be filed with the zoning official who shall refer the application together with comments thereon to the planning commission. The chair of the planning commission may call for a public hearing for the next planning commission meeting to expedite the process. If the timing of the application is such that the public notification requirements cannot be met prior to the next meeting, the chair of the planning commission shall schedule the public hearing for the following month. The zoning official, 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 to occur no later than forty (40) days from the date of submission.
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:
1. Applications are withdrawn prior to the city council taking final action on the request;
2. The planning commission determines that the circumstances surrounding the previous application have changed substantially;
3. The planning commission decides to reconsider such matter by a two-thirds (2/3) vote of the city council.
D. Time Frame For Zoning Ordinance Amendment Approval: An official zoning decision will be made on zoning ordinance amendments within a sixty (60) day time frame. The sixty (60) day time frame starts from the date the completed city application, all required information, and fees are submitted to the zoning official. If the application does not contain all information required by law or by a previously adopted rule, ordinance or policy, the zoning official will provide written notification within ten (10) business days telling the applicant "what information is missing". The clock will restart on the sixty (60) days once the information is received by the zoning official.
E. Extension Of Zoning Ordinance Amendment Approval Time Frame: The city may extend the sixty (60) day limit for an additional sixty (60) days. The zoning official must give the applicant written notice of the extension before the initial sixty (60) day period ends. The written notice must indicate two (2) things: the reason for the extension and the length of the extension (up to an additional 60 days). Reasons for an extension may include, for example, the need for additional staff review of complex issues or the need for additional public meetings or planning commission review.
When state law requires the preparation of an environmental assessment worksheet (EAW) or an environmental impact statement (EIS) the deadline is extended until sixty (60) days after the review process is completed.
F. Public Hearing: Upon receipt of an application for a zoning amendment, the zoning official 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 the official newspaper at least ten (10) days prior to the hearing. In the case of a zoning amendment affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') 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 title provided a bona fide attempt has been made to comply with the notice requirements of this title.
G. Consideration Of Zoning Ordinance Amendment Request By Planning Commission: Providing the applicant has furnished all information, as requested by the zoning official, 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 within seven (7) days of its meeting at which the application was first considered.
The planning commission shall provide its recommendation 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 within the allotted forty seven (47) days, 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.
H. Consideration Of Zoning Amendment Request By City Council: 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.
The city council must take action on the zoning amendment request at the next available council meeting from the date of receiving the recommendation of the planning commission or the appeal of the applicant when no report is received. Approval of a proposed amendment shall require a majority vote of the city council.
I. 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 the official newspaper.
J. Appeals: Any person or persons or any taxpayer, department, board, or bureau of the city aggrieved by the decision of the city council shall have the right to seek review within forty five (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 Minnesota statutes, chapter 462 as such statute may be from time to time amended, supplemented, or replaced.
Chart 3: Zoning Amendment Process
(Ord. 230, 5-6-2002)