SECTION 1203.01 AMENDMENTS TO ZONING ORDINANCE:
The regulations, restrictions and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed or repealed; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties with interest and citizens shall have an opportunity to be heard. At least ten (10) days' notice of the time and place of such hearing shall be published in the official newspaper of general circulation in the City. Any action taken pursuant to this Section shall be in compliance and accordance with the rules and regulations of the Department of Natural Resources, State of Minnesota, and the Federal Emergency Management Agency.
SECTION 1203.02 PROCEDURE:
Pursuant to Minnesota Statutes 15.99, as may be amended, an application for an amendment shall be approved or denied within sixty (60) days from the date of its official and complete submission unless notice of extension is provided by the City or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty (60) days unless this limitation is waived by the applicant. Additional City requirements are as follows:
A. Requests for rezoning (text or map) shall be filed with the City Planner on an official application form. Such application shall be accompanied by a fee as provided by City Council resolution. Such application shall also be accompanied by five (5) large scale copies and one (1) reduced scale (11" x 17") copy of detailed written and graphic materials fully explaining the proposed change, development, or use. The request for amendment shall be placed on the agenda of the first possible Planning Commission meeting occurring thirty (30) days after the date of submission of the application. The request shall be considered officially submitted when all the informational requirements are complied with.
B. Proof of Ownership or Authorization: The applicant shall supply proof of title of the property for which the rezoning is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the requested rezoning.
C. Upon receipt of said application, the City shall set a public hearing following proper hearing notification as applicable. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Notice of said hearing shall consist of a legal property description and description of the request, and shall be published in the official newspaper at least ten (10) days prior to hearing and written notice of said hearing shall be mailed at least ten (10) days prior to all owners of land within one thousand (1,000) feet of the property in question (public right-of-way shall not be included in the one thousand (1,000) foot measurement). The City Planner shall have the right to provide additional property owners notification beyond the one thousand (1,000) foot distance if it is judged that the request will have impact upon additional properties. The records of the County Assessor shall be deemed sufficient for determining the location and ownership of all such properties. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding.
D. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Section provided a bona fide attempt has been made to comply with the notice requirements of this Section.
E. The City Planner shall instruct the appropriate staff persons to prepare technical reports, and provide general assistance in preparing a recommendation on the action to the Planning Commission and City Council.
F. The Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not limited to) the following factors:
1. The proposed action in relation to the specific policies and provisions of the official City Comprehensive Plan.
2. The proposed use's conformity with present and future land uses of the area.
3. The proposed use's conformity with all performance standards contained herein.
4. The proposed use's effect on the area in which it is proposed.
5. The proposed use's impact upon property value in the area in which it is proposed.
6. Traffic generation by the proposed use in relation to capabilities of streets serving the property.
7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity.
G. The Planning Commission and City staff shall have the authority to request additional information from the applicant or to retain expert testimony at the expense of the applicant, said information to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
H. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed request.
I. The Planning Commission shall recommend approval or denial of the request.
J. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission. If, however, the Planning Commission has not acted upon the request within a period of time sufficient to allow a decision to be made within the time requirements of Section 1203.02 (Procedures), the City Council may proceed with its consideration and action on the request.
K. Upon receiving the report and recommendation the Planning Commission, the City shall place the report and recommendation on the agenda for the next regular City Council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
L. Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Council shall have the option to set and hold a public hearing if deemed advisable.
M. If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular request.
N. Approval of a proposed amendment shall require passage by a majority vote of all members of the City Council.
O. The amendment shall not become effective until such time as the City Council approves the ordinance reflecting said amendment and after said ordinance is published in the official newspaper.
P. Whenever an application for an amendment has been considered and denied by the City Council, a similar application and proposal for the amendment affecting the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial except as follows:
1. Applications are withdrawn prior to the City Council taking action on the matter.
2. If the City Council determines by a vote of not less than four of five (4 of 5) that the circumstances surrounding a previous application have changed significantly.
SECTION 1203.03 AMENDMENTS - INITIATION:
The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this Ordinance. Any person owning real estate or having documented interest therein, within the City may initiate a request to amend the district and map boundaries or text of this Ordinance, so as to affect the said real estate.