(A) Powers. The Council may, on its own motion, or on request of the Planning Commission, or on petition or appeal of the affected property owners, do the following.
(1) Transfer land, or a portion thereof, from the district in which it is situated onto another district, by amendment to this chapter.
(2) Change any of the regulations of this chapter as to the use of land in any district, or as to the restrictions upon buildings or structures herein, by amendment to this chapter
(B) Procedure.
(1) An applicant shall file a completed application form together with required exhibits with the Zoning Administrator, and shall pay a filing fee as established by the Council.
(2) The Zoning Administrator shall review the application, and within ten business days after receiving the application shall notify the applicant in writing if the application is not complete, and shall inform the applicant of what additional information is required.
(3) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall have notices of the hearing published in the legal newspaper and shall notify all property owners within the affected zone, and within 350 feet of the outer boundaries of the property in question at least once, not less than ten days and not more than 30 days prior to the hearing; however, failure of any property owner to receive notification shall not invalidate the proceedings. The Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or City Council. Notice of the hearings shall be posted at the City Hall and in one other place at least ten days prior to the public hearing. This notice shall describe the particular amendment, date, time and place of hearing. The current City Assessor’s current tax records shall be deemed sufficient for the location or certification of ownership of the adjacent properties.
(4) The city shall take action to approve or deny the application within 60 days of receiving a completed application. If the city cannot take action to approve or deny the application within 60 days of receiving the completed application, the city may extend the time line for taking action before the end of the initial 60-day period by providing written notice of the extension and its anticipated length, which may not exceed 60 days, unless approved by the applicant in writing. Amendments to the zoning code must be adopted by a 2/3 vote of all of the members of the City Council, as provided by M.S. § 462.357, Subdivision 2, as it may be amended from time to time.
(5) The Planning Commission shall hold the public hearing, and may table the application for further investigation it necessary, or the Commission shall recommend to the Council one of three actions: approval, conditional approval or denial.
(6) The Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission.
(7) No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of the 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.
(Ord. 221, passed 11-6-1995)