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Eden Prairie City Zoning Code

SECTION 11

78. - AMENDMENTS.

Subd. 1. Purposes. This Chapter may be amended and the boundaries of any district may be changed in accord with the procedure described in this section.

Subd. 2. Initiation. An amendment may be initiated by the Council, the Planning Commission, or by petition of affected property owners. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date of reference of the amendment without a report by the Planning Commission.

Subd. 3. Application and Fee. Application for any changes must be made on forms provided by the City and shall include all information and data requested. Application fee shall be established by the Council by resolution.

Subd. 4. Public Hearing. No amendment shall be adopted until a public hearing has been held thereon by the Council. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the day of the hearing. When an amendment involves changes in district boundaries a notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within three hundred fifty (350) feet of the property to which the amendment relates. For the purpose of giving mailed notice, the responsible person may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

Subd. 5. Reapplication. No application for the same or substantially the same change shall be made within one (1) year from the date of denial.

Subd. 6. Adoption. Amendments to this chapter may be adopted by a majority vote of all of the members of the Council, except that any amendment that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds vote of all of the members of the Council.

(Ordinance No. 4-2023, 1-26-2023)