(1) Purpose. The purpose of this section is to prescribe the procedure and requirements for any change to the zoning classification, text or zoning boundaries of a property or any amendment to any provision of this chapter.
(2) Initiation. Amendments may be initiated by action of the City Council, recommendation of the Planning and Zoning Board, or by petition of a property owner.
(3) Submittal requirements.
(a) Petitions for text amendments shall include detailed written and graphic materials fully explaining the proposed change.
(b) Petitions for map amendments shall include, as determined by the Community Development Director, either site and building plans consistent with the requirements established in City Code § 1007.020 (Site and Building Plan Review) or information required by City Code Title 1000 for a plat submittal.
(4) Procedure. An application for zoning (text or map) amendment shall be approved or denied within 60 days of the date of its official complete submission pursuant to M.S. § 15.99 unless extended pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
(a) The property owner or their agent shall file with the Zoning Administrator a completed application form together with the required submittals and a fee as required in § 1007.000(8) of this chapter. The request for the amendment shall be placed on the agenda of the Planning and Zoning Board according to the city's deadline and meeting schedule.
(b) The city shall set the date for a public hearing and have notice of such hearing published in the legal newspaper at least ten days prior to said hearing in accordance with M.S. § 462.357, Subd. 3.
(c) The city shall mail notice of the public hearing to all property owners within 600 feet of any property proposed for zoning text or map amendments. Said notice shall be mailed at least ten days prior to the day of the public hearing in accordance with M.S. § 462.357, Subd. 3. Failure of any property owner to receive the mailed notification shall not invalidate the proceedings.
(d) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation of the action to the City Council.
(e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors:
1. The proposed action is consistent with the official City Comprehensive Plan.
2. The proposed action is or will be compatible with present and future land uses of the area.
3. The proposed action conforms with all performance standards contained herein.
4. The proposed action can be accommodated with existing public services and will not overburden the city’s service capacity.
5. Traffic generation by the proposed action is within capabilities of streets serving the property as described in § 1007.020(4)(d) of this chapter.
(f) The Planning and Zoning Board shall make findings of fact and recommend approval or denial of the request. Such recommendation shall be accompanied by the report and recommendation of the city staff.
(g) Approval of a proposed amendment shall require passage by a majority vote of all members of the City Council except that the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a four-fifths majority vote of all members of the City Council. If the City Council denies a request, it shall state in writing the reasons for the denial at the time it denies the request.
(h) An amendment to this chapter, adopted by the City Council, shall take effect 30 days after its publication or at such later date as it specifies.
(i) No application for a zoning text or map amendment which has been denied shall be resubmitted for a period of 12 months from the date of said order of denial.