A. Authority; Vote Required: The provisions of this title may be amended by majority vote of the entire council, and amendments changing the boundaries of any zoning district or changing the regulations of any existing district may be approved by a majority vote of the entire council, except that all the following rezonings shall require a four-fifths (4/5) vote of the entire council:
From Any Of These Districts | To | Any Of These Districts |
From Any Of These Districts | To | Any Of These Districts |
A Agricultural | I Industrial | |
B Business | ||
OP Office park | ||
E Estate | COMM-PUD | |
OFFICE-PUD | ||
MU-PUD | ||
R Residential or MF-PUD | IRM Integrated resource management overlay | |
SG Sand and gravel overlay | ||
PUDs with commercial or industrial uses | ||
(Ord. 1098, 11-8-2004)
B. Initiation: Proceedings for amendment of this title shall be initiated by:
1. A petition of seventy five percent (75%) or more of the owners in the area subject to the proposed amendment;
2. A recommendation of the planning commission; or
3. By action of the council.
C. Application For Amendment: All applications for amendment which are initiated by the petition of seventy five percent (75%) or more of the owners in the area subject to the proposed amendment shall be filed with the clerk, and if the application involves the changing of zoning districts and boundaries thereof, the application shall be accompanied by an abstractor's certified property certificate showing the property owners within three hundred fifty feet (350') of the outer boundaries of the property in question. When the application is initiated by the owners of one hundred percent (100%) of the property, the council may waive the requirement of the abstractor's certified property certificate. The application shall be forwarded to the planning commission by the clerk. (Ord. 1098, 11-8-2004; amd. 2008 Code)
D. Public Hearing; Notice And Procedure:
1. The planning commission shall hold at least one public hearing affording an opportunity for all parties interested to be heard and shall give not less than ten (10) days' notice nor more than thirty (30) days' notice of the time and place of such hearing published in the designated official newspaper for the city. Such notice shall also contain the description of the land and the proposed change in zoning. At least ten (10) days before the hearing, the clerk shall mail an identical notice to the owners and to each of the property owners within three hundred fifty feet (350') of the outside boundaries of the land proposed to be rezoned. If the property is to be rezoned from A agricultural, E-1 estate or E-2 estate, the individual notice shall be mailed to each of the property owners within one thousand feet (1,000'). Failure of the clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings. The council may waive the above notice requirements in connection with a citywide zoning initiated by the planning commission or council.
2. The planning commission shall hold said public hearing after the rezoning request has been received and there has been sufficient time to mail and publish the required notices.
3. The planning commission shall make a written report to the council stating its findings and recommendations. A copy of the planning commission's report to the council shall be mailed to the applicant.
E. Referral To Planning Commission: The council shall not amend this title or rezone any land or area in any zoning district or make any other proposed amendments to this title without having first referred it to the planning commission for their consideration and recommendation.
F. Action By Council: The council shall approve or deny the application within the time limits set forth in Minnesota statutes section 15.99.
G. Effect Of Denial: The denial of a rezoning or ordinance text amendment application by the council shall constitute a finding and determination that the proposed rezoning is not in the best interest of the physical development of the city. No application for rezoning which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said denial. (Ord. 1098, 11-8-2004)