(A) Criteria for approval. The Council may amend this subchapter and the zoning map in relation to land uses within a particular district or as to the location of district lines (rezoning). Amendments shall not be made indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the Comprehensive Plan, policies plan or changes in conditions in the city.
(B) Procedure. Amendment may be initiated by the Council, the Planning Commission or upon application of a property owner. Individuals wishing to initiate an amendment shall complete a zoning amendment application form and submit it to the city. Any amendment not initiated by the Planning Commission shall be referred to that Commission for review, and no amendment shall be acted upon by the Council until it has received the Planning Commission recommendations or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency or otherwise in compliance with M.S. § 15.99, Subd. 2. The procedure for a property owner to initiate a zoning amendment is as follows:
(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain the situation, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee as established by the City Council.
(3) The Zoning Administrator shall set the date for a public hearing and shall have notices of such hearing published in the official newspaper at least once, not less than 10 days and not more than 30 days prior to said hearing. A zoning map amendment shall require notification of all property owners within 350 feet of the outer boundaries of the property in question however, failure of any property owner to receive such notification shall not invalidate the proceedings. The notice shall include a description of the land and the proposed change. The mailed notice requirement shall be waived for a city-wide zoning amendment initiated by the Planning Commission or City Council.
(4) The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days, 1 of 3 actions — approval, denial, or conditional approval.
(5) The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission. The zoning amendment shall require the affirmative vote of the majority of the members of the City Council.
(6) No application of a property owner shall be considered by the Planning Commission within the 1 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.
(C) Comprehensive Plan. An amendment to this chapter or the zoning map shall be construed as an amendment to the Comprehensive Plan and its map.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-04, passed 11-16-2020)