Brooklyn Center City Zoning Code
35-210 Rezoning
Application Procedures And Reconsideration
35-210Rezoning Application Procedures and ReconsiderationThe following rules shall govern applications for amendments to the Zoning Ordinance hereinafter referred to as "Rezoning Applications":1)Proceduresa)A rezoning application may be initiated by the City Council, the Planning Commission, or by the owner of the subject property. Any such application shall be referred to the Planning Commission for public hearing, study, and report and may not be acted upon by the City Council until it has received the recommendation of the Commission, or until seventy-eight (78) days have elapsed from the date of referral of the application without a report by the Planning Commission. The date of referral is defined as the date of the public hearing.b)The applicant or his authorized agent shall fill out and submit to the Secretary of the Planning Commission a "zoning application", copies of which are available at the municipal offices, together with a fee in an amount as set forth by City Council resolution. The application shall be filed with the Secretary of the Planning Commission at least seventeen (17) days before the date of the public hearing.c)The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting; provided, however, that the Secretary may, with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission.d)Not less than ten (10) days before the date of the hearing the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to the property owners within 350 feet (including streets) of the subject property. The failure of any such owner or occupant to receive such notice shall not invalidate the proceedings hereunder.e)Not less than ten (10) days prior to the date of the hearing the Secretary shall publish a notice of hearing in the official newspaper.f)The Planning Commission shall report its recommendations to the City Council not later than sixty (60) days following the date of referral to the Commission.g)The application and recommendation of the Planning Commission shall be placed on the agenda of the City Council within eighteen (18) days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation within seventy-eight (78) days of the date of referral to the Commission.h)The City Council shall make a final determination of the application within forty-eight (48) days of the recommendation by the Planning Commission or in the event the Commission has failed to make any recommendation, within one hundred and eight (108) days of the date of referral to the Commission.i)The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.j)The applicant or his agent shall appear at each meeting of the Commission and of the City Council during which the application is considered. Furthermore, each applicant shall provide for the Commission or the City Council, as the case may be, the maps, drawings, plans, records or other information requested by the Commission or the City Council for the purpose of assisting the determination of the application.2)Review of Rezoning Where property within the municipality has been rezoned for a less restrictive land use upon petition of the owner or his agent pursuant to the provisions of this ordinance, and where no structural work thereon has commenced within two (2) years of the date of the rezoning action by the City Council, the Planning Commission may review the zoning classification of the property in the light of the Comprehensive Plan and make appropriate recommendations to the City Council which may include the recommendation that the subject property be rezoned to permit a more restrictive use in conformance with the provisions of the Comprehensive Plan.