Corcoran City Zoning Code

Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning Map shall be approved or denied, pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows:

A.

Request for rezoning (text or map) shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

B.

Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council.

C.

Notice of said hearing shall be mailed to all owners of land within 350 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357.

D.

Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Chapter.

E.

Notice of said hearing shall also be published in the official newspaper at least 10 days prior to the hearing and consist of:

1.

Legal property description.

2.

Description of request.

3.

Map detailing property location.

F.

The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

G.

The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

H.

The Planning Commission shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City staff.

I.

The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission and the City staff.

J.

Upon receiving said reports and recommendations of the Planning Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

K.

Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary.

L.

The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request.

M.

For any application that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, approval shall require passage by a two-thirds vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full Council.

N.

For any application requesting a rezoning to a Planned Unit Development District, approval shall require passage by a four-fifths vote of the seated City Council present at the time of the vote. Approval of a proposed amendment shall require passage by a majority vote of the entire Council. A vote that fails due to failure of requisite votes is deemed a denial.

O.

The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment.

P.

Whenever an application for an amendment has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the full City Council.

Subd. 2. Evaluation Criteria. 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:

A.

The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans.

B.

The proposed action meets the purpose and intent of this Ordinance or, in the case of a map amendment, it meets the purpose and intent of the individual district.

C.

There is adequate infrastructure available to serve the proposed action.

D.

There is an adequate buffer or transition provided between potentially incompatible districts.

Subd. 3. Initiation. Any person owning real estate within the City may initiate a request to amend the district boundaries or text of this Chapter so as to affect the said real estate. The City Council or Planning Commission may, upon their own, initiate a request to amend the text or the district boundaries of this Chapter.

Subd. 4. Certification of Taxes Paid. Prior to approving an application for rezoning, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the rezoning application relates.

(Ord. 486, passed 05-25-23)