(A) Criteria for granting zoning amendments.
(1) The County Board of Commissioners may adopt amendments to this chapter and zoning maps in relation both to land uses within a particular district or to the location of the district lines.
(2) Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Policies Plan or changes in conditions in the county.
(B) Procedure.
(1) An amendment to the text of this chapter or zoning map may be initiated by the County Board of Commissioners, the Planning Commission, the Zoning Administrator, or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the County Board until it has received the Planning Commission’s recommendation. Notwithstanding the aforementioned, the Zoning Administrator is authorized to refer any application filed under this section from the Planning Commission prior to it receiving a recommendation and refer the application directly to the County Board in the even the application has the potential to violate the time limits established under M.S. § 15.99. Individuals wishing to initiate an amendment application form shall submit it to the Zoning Administrator and pay the required fee.
(2) Written notice of public hearings on the proposed amendment shall be sent to the governing bodies of towns and municipalities located within two miles of the property to be rezoned within the county. In unincorporated areas, the property owners of record within one-half mile of the property zoning amendment. In incorporated areas, the property owners within 500 feet of the property in question shall be notified in writing of the proposed zoning amendment.
(3) A public hearing on the rezoning application shall be held by the Planning Commission. Notice of said hearing shall be published in the official newspaper designated by the County Board. The recommendation of the Planning Commission will be referred to the County Board following the hearing recommending approval, neutral response, disapproval or modified approval of the proposed amendment.
(4) The County Board will act on the application after referral by the Planning Commission. The County Board shall review the application based on the record compiled by the Planning Commission and the Zoning Administrator. The County Board may, in exceptional and rare circumstances on matters of significant public interest, order a second public hearing to be conducted during a board meeting or as part of a committee of the Board. The person making the application shall be notified of the action taken. The Zoning Administrator shall maintain records of amendments to the text and zoning map of this chapter.
(5) 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 one-year period following denial of such 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. 23-4, passed 12-19-2023)