The city council or planning commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this Appendix E. The procedural requirements of this article shall not apply to such proposed amendments except to the extent required by state statute. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this Appendix E so as to affect the said real estate.

Prior to filing a formal application for an amendment as hereinafter provided, a prospective applicant may present a sketch plan to the zoning administrator for review. The procedures for sketch plan review are found in section 9-3 of this Appendix E.

Pursuant to Minn. Stats. § 15.99, an application for an amendment shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1)

Request for rezonings (text and map amendments) shall be filed with the zoning administrator on an official application form, with the submittals as specified in article [section] 9-7 of this Appendix E, at least 30 days in advance of the meeting at which it will first be considered. Such application shall be accompanied by a fee as provided by city council resolution. Unless modified by the zoning administrator, such application shall also be accompanied by five large-scale (at least 22 inches by 34 inches) copies, one reduced-scale (11 inches by 17 inches) copy of site plans, and written materials fully explaining the proposed change, development, or use. The zoning administrator may waive or alter any of the submittal requirements of article [section] 9-7 of this Appendix E or as specified above if not applicable to a project. The request shall be considered as being officially submitted when all the information requirements are complied with as determined by the zoning administrator. In cases when an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within 15 business days from the date of submission.

(Ord. No. 445, § 1, 10-7-2009)

(2)

Upon receipt of a complete application, as determined by staff review, and following 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, report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and a general description of the property location, and be published in the official newspaper at least ten days prior to the hearing. Written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question, if notification is required by state statute.

(3)

Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Appendix E.

(4)

The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate for planning commission and city council review, and provide general assistance in preparing a recommendation of action to the city council.

(5)

The planning commission shall consider possible 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 official city comprehensive plan.

b.

The proposed use is or will be compatible with present and future land uses of the area.

c.

The proposed use conforms with all performance standards contained herein and the Code.

d.

The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.

e.

Traffic generation by the proposed use is within capabilities of streets serving the property.

(6)

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 at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Appendix E. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(7)

Unless excused by the zoning administrator, the applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.

(8)

The planning commission shall, as appropriate, make findings of fact and recommend approval or denial of the request. Such recommendation shall be accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the city council meeting.

(9)

The city council shall not act upon an amendment until the planning commission has held a public hearing on the request. The public hearing shall be held open until the city council takes action on the application. The city council shall act upon the amendment within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to Minn. Stats. § 15.99.

(10)

Subject to limitations of Minn. Stats. § 15.99, if, upon receiving said reports and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council may 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 record detailing the specific reasons for referral.

(11)

Approval of a proposed amendment shall require a majority vote of the city council. Approval of a proposed zoning map amendment which changes all or part of the existing classification of a zoning district from an R, Residential district to Commercial shall require a four-fifths vote of the city council.

(12)

The amendment shall not become effective until 30 days after publication of this Appendix E.

(13)

The applicant shall be made aware of the city council's action on the amendment in writing.

(14)

Whenever an application for an amendment has been considered and denied by the city council, a similar application for the amendment affecting substantially the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or city council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the city council.

(Ord. No. 657, § 1, 9-18-2023)

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.