(A) Purpose. The Council may on its own motion, on request of the Planning Commission, or on petition or appeal of the affected property owners perform the following acts:
(1) Transfer land, or a portion thereof, from the district in which it is situated to another district, by amending this Zoning Code; and
(2) Change any Zoning Code provision relating to the use or platting of land in any district or the restrictions upon buildings or structures by amending this Zoning Code.
(B) Procedures.
(1) An application for amendment shall be filed with the City Administrator in duplicate, accompanied by a fee established annually by Council resolution. The City Administrator shall forward 1 copy to the Planning Commission.
(2) The Commission shall recommend granting or denying the application to the Council within 30 days.
(3) A public hearing shall be held on the application. Notice of the time and place shall be given not more than 30 days nor less than 10 days before the day of the hearing. The notice shall be published at least 1 in the official city newspaper. The owners of the property under consideration and the property owners within 300 feet of the subject property shall be notified by mail. The City Assessor's current tax records shall be sufficient for identifying these property owners.
(4) (a) The Council, upon receiving the Planning Commission's report, and without further public hearing, may vote upon the adoption of a proposed amendment or may refer it back to the Commission for further consideration.
(b) If the Council refers the proposed amendment back to the Commission and the Commission does not give the Council a modified recommendation within 30 days after the hearing, the Council may take action without awaiting the modification.
(c) In considering recommendations, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire city and the uses to which the property affected is being devoted at the time; no change shall be recommended unless it is required for the public good.
(d) The amendment shall be adopted only following its passage upon the vote of all of the members of the Council in accordance with the requirements of M.S. § 462.357, Subd. 2, as amended.
(C) Petition or appeal for amendments. An appeal by affected property owners for amending this Zoning Code shall include the following:
(1) Name, address and signature of each petitioner;
(2) Specific description of the property proposed to be rezoned, and the names and addresses of the owners of this property;
(3) The present and proposed zone classifications of the area;
(4) The present use of each separately owned tract within the area, and the intended use of any tract of land, if known to the petitioners;
(5) How the rezoning will fit in with the general zoning pattern of the neighborhood and the zoning plan of the city; and
(6) (a) Three copies of a map showing the property to be rezoned and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of the area.
(b) The map scale shall be 100 feet to 1 inch.
(1987 Code, § 703.08) (Am. Ord. 546, passed 8-23-2011)