(A) Certain land use decisions which directly affect the use of land within the designated land use districts and involve any of the following actions must be certified by the Commissioner as complying with the state Wild and Scenic Rivers Act, the statewide Standards and Criteria, and the Rum River Rule, as described in division (B) below:
(1) Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land;
(2) Granting a variance from a provision of this chapter, which relates to the zoning dimension provisions of §§ 154.035 et seq. and any other zoning dimension provisions established in Minn. Rules, parts 6105.1400 through 6105.1500, as may be amended from time to time; or
(3) Approving a plat which is inconsistent with this chapter.
(B) The certification procedure is as follows:
(1) A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under this chapter, shall be sent so as to be received by the Commissioner at least 30 days prior to the hearings or meetings to consider these actions. The notice or application shall include a copy of the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.
(2) The City Council shall notify the Commissioner of its final decision on the proposed action within ten days of the decision.
(3) The Commissioner shall, no later than 30 days from the time he or she receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of disapproval.
(4) The action becomes effective when and only when either:
(a) The final decision taken by the City Council has previously received certification of approval from the Commissioner;
(b) The City Council receives certification of approval after its final decision;
(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and the city has received from the Commissioner neither certification of approval nor notice of disapproval; or
(d) The Commissioner certifies his or her approval after conducting a public hearing.
(5) In case the Commissioner gives notice of disapproval of an ordinance, amendment, variance, or inconsistent plat, either the applicant or the Zoning Administrator may within 30 days of the notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of disapproval becomes final.
(a) The hearing will be held in an appropriate local community building within 60 days of the demand and after at least two weeks' public notice.
(b) The hearing will be conducted in accordance with M.S. § 103G.311(2), (6), and (7), as may be amended from time to time.
(c) The Commissioner shall either certify his or her approval or deny the proposed action within 30 days of the hearing.
(Ord. 324, passed 11-16-00)