(A) Initiation. An amendment to this chapter may be initiated by the City Council, the Planning Commission or by petition of affected property owners as defined herein. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report, as hereinafter provided, and may not be acted upon by the Council until it has received the recommendation of the planning agency on the proposed amendment or until 30 days have elapsed from the date of reference of the amendment without a report by the Planning Commission.
(Prior Code, Ch. 300 § 508.01)
(B) Record. The Zoning Administrator shall maintain a record of all applications for amendments to this chapter.
(Prior Code, Ch. 300 § 508.02)
(C) Application. Where an amendment to this chapter is proposed by a property owner, an application therefor shall be filed with the Zoning Administrator; the application shall be accompanied by development plans, if any, for the use which requires the rezoning. The development plans shall show such information as may be reasonably required by the Administrator, including but not limited to those things listed below.
(1) The plans shall contain sufficient information for the city to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the Comprehensive Plan.
(a) Site plan drawn to scale showing parcel and building dimensions;
(b) Location of all buildings and their size, including square footage;
(c) Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;
(d) Landscaping and screening plans, including species and size of trees and shrubs proposed;
(e) Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated within the area;
(f) Type of business or activity and proposed number of employees;
(g) Proposed floor plan and elevations of any building with use indicated;
(h) Sanitary sewer and water plan with estimated daily flow rates;
(i) Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made part of the application;
(j) A location map showing the general location of the proposed use within the city; and
(k) A map showing all principal land use within 500 feet of the parcel for which application is being made.
(2) The applicant shall supply proof of ownership of the property for which the amendment is requested consisting of an abstract of title or registered property certificate, certified by a licensed abstractor, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership.
(3) The application form shall be accompanied by an accurate list showing the names and the mailing addresses of the record owners of all the property within a minimum of 500 feet of the property for which the amendment is sought, verified as to accuracy by the applicant.
(Prior Code, Ch. 300 § 508.03)
(D) Public hearing. The Zoning Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting; provided, however, if the next regular meeting of the Planning Commission is within 15 days of the date of filing, then such consideration may be at the second regular meeting after the filing. At that meeting, the Planning Commission shall conduct a public hearing on the application. The public hearing shall be scheduled by the Zoning Administrator within the times specified by law.
(1) Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application, and such other person as the Planning Commission may direct, at least 10 days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.
(2) The applicant or that applicant's representative may appear at the public hearing in order to answer questions concerning the proposed use.
(Prior Code, Ch. 300 § 508.04)
(E) Planning Commission report. The Planning Commission report on the application, as provided in the official minutes of the public hearing/Planning Commission meeting, shall be forwarded to the City Council, for consideration at its next regular meeting; unless the applicant consents to extending consideration by the Planning Commission. The report shall recommend that the amendment be granted or denied and shall include the Planning Commission's recommendation as to any conditions to be imposed if the amendment is granted, including time limits or provisions for periodic review and shall state the reasons therefor.
(1) The Planning Commission's report may be filed with the Zoning Administrator who shall refer the same to the Council for consideration at its next regular meeting; provided, however, if the next regular meeting of the Council is within 7 days of the date of filing, then the consideration may be at the second regular meeting after the filing. At the same time, the Zoning Administrator shall mail to the applicant a copy of the Planning Commission's report and a notice of the time and place of the meeting at which the City Council will consider the report.
(2) If the Planning Commission fails to file a report with the Zoning Administrator within the time provided by this section, the application shall be referred to the Council as herein provided, without report, after the time for filing the report has expired.
(Prior Code, Ch. 300 § 508.05)
(F) Council action on application.
(1) The Council shall make its decision on the application within the time specified by law. The Council shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the applicant.
(2) In the event the order directs amendment of this chapter, the Zoning Administrator shall refer the order to the City Attorney to prepare an amendment of this chapter as provided by law.
(Prior Code, Ch. 300 § 508.06)
(G) Re-application. No re-application for zoning amendment shall be resubmitted for a period of 6 months from the date of the denial of a previous application.
(Prior Code, Ch. 300 § 508.07)
(H) Planned unit development. Any application for amendment to this chapter which relates to a specific tract of land shall be considered an application for a planned unit development permit under the provisions of §§ 159.060 through 159.068, and the provisions of that subchapter relating to applications for permit and review thereof shall be controlling over the provisions of this section; except where the application for amendment involves only a change in the boundaries of existing zoning districts or reclassification of land from one existing zoning classification to another existing classification.
(Prior Code, Ch. 300 § 508.08)
(I) Zoning and the Comprehensive Plan. Any amendment to this chapter shall amend the Comprehensive Plan in accordance therewith. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan should or should not be amended.
(Prior Code, Ch. 300 § 508.09)
(J) Hearing. Prior to approval of any zoning change not conforming to the Comprehensive Plan, a public hearing shall be conducted by the Planning Commission and the results noted in the minutes of the official proceedings. The public hearing required for the zoning change or amendment may also serve as the public hearing for an amendment to the Comprehensive Plan.
(Prior Code, Ch. 300 § 508.10)
(K) Amendments. The City Council may adopt or amend a zoning ordinance by a majority vote of all its members, unless the adoption or amendment of any portion of a zoning ordinance would change all or part of the existing classification of a zoning district from residential to either commercial or industrial; then, pursuant to M.S. § 462.357, as it may be amended from time to time, the adoption or amendment requires a 2/3 majority vote of all members.
(Prior Code, Ch. 300 § 508.11)
(L) Compliance. In granting or recommending any rezoning provided for in this chapter, the Zoning Administrator, the Planning Commission or City Council shall find that the proposed development conforms substantially to the policies, goals, and standards of the Comprehensive Plan.
(Prior Code, Ch. 300 § 508.12)