The rezoning of districts and boundaries (collectively referred to as a rezoning) as set forth in this ordinance may be amended and/or changed whenever the public necessity, general welfare or good land use planning requires such. Such rezoning shall reflect the goals and policies as detailed in the county's comprehensive land use plan.

The following procedure shall be followed by those persons applying for rezoning of property:

A.

Application.

1.

An application for rezoning of the districts of this ordinance may be initiated by:

a.

A petition from the owner or owners of the affected property within the jurisdiction of this ordinance.

b.

A recommendation of the planning commission.

c.

Action by the county board.

2.

The applicant shall request the proper form for rezoning petition from the zoning administrator. The application shall contain the following written information:

a.

Rezoning.

(1)

Names and addresses of the petitioner or petitioners.

(2)

Legal description of the property proposed to be rezoned.

(3)

Present district classification of the property.

(4)

Proposed district classification of the property.

(5)

Proposed use of the property.

(6)

Names and addresses of all owners of property within the area to be rezoned and a description of each parcel.

(7)

Stated reason for requested rezoning.

(8)

Statement of compatibility with the county comprehensive land use plan.

(9)

Statement of what conditions within the county have changed making the rezoning necessary.

(10)

Statement of the effect on surrounding property values and compatibility with existing land uses.

(11)

Map, plot plan or survey plot of property to be rezoned showing dimensions, present zoning of adjacent properties and existing uses, buildings and ownership within 500 feet in incorporated areas and one-half mile in unincorporated areas.

(12)

Detailed site plan as required in this ordinance if the application will result in development.

(13)

Signature of petitioner or petitioners and owners.

(14)

Any other information or exhibits as requested by the planning commission or county board necessary to make findings, recommendations and dispositions in the petition.

b.

The zoning administrator shall have the option of deleting any information requirements determined to be not applicable to the particular application.

3.

The completed application shall be filed with the zoning administrator accompanied by the fee as set by the county board.

B.

Application processing.

1.

Upon receipt of the completed application, the zoning administrator shall forward a copy of the completed application and attachments to the planning commission.

2.

The zoning administrator shall schedule any required public hearings on the application.

3.

The zoning administrator shall give proper notice of the public hearing in the following manner:

a.

Notice of the time, place and purpose of the public hearing shall be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county at least ten days before the hearing.

b.

Written notice of the time, place and purpose of the public hearing shall be mailed at least ten days but not more than 30 days prior to the hearing to the governing bodies of all townships and municipalities within the county and where the action will affect specific properties, notice shall also be given to:

(1)

Owners of all affected property.

(2)

All property owners for property located in incorporated areas within 500 feet of the affected property.

(3)

All property owners within one-half mile of the affected property in unincorporated areas.

c.

Written notice of the time, place and purpose of the public hearing shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing if any of the affected property is within a shoreland management or recreation river district.

d.

For the purpose of giving mailed notice, the current records on file in the office of the county treasurer shall be deemed sufficient. The failure of any property owner to receive written notice or any defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the notification requirements has been made. Property owners of record shall not include recorded contract for deed vendors.

e.

A copy of the notice and a list of property owners and addresses to which the notice was sent shall be made a part of the record of proceedings.

f.

The planning commission or delegation thereof shall view the property which may be affected by the proposed application prior to the public hearing.

C.

Public hearing.

1.

The planning commission shall hold at least one public hearing on the proposed rezoning application.

2.

The applicant or his representative shall appear before the planning commission in order to answer questions concerning the proposal.

3.

All proposed changes in zoning use or district boundaries to this ordinance, when requested by the planning commission, shall be reviewed by the county soil and water conservation district, county surveyor, county highway engineer, and any other appropriate county office to determine the adequacy to accommodate the change requested.

4.

The planning commission and appropriate county 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 the appropriateness and relationship to the intent and purpose of this ordinance and the county comprehensive land use plan. See section 5.07 herein.

5.

The applicant for a rezoning which, in the opinion of the planning commission may result in a material adverse effect on the environment, may be requested by the commission to demonstrate the nature and extent of the effect.

6.

An accurate record of all testimony shall be kept by the secretary of the planning commission. This record shall include the names of all persons testifying or otherwise participating in the hearing.

D.

Findings.

1.

The planning commission shall consider all facts from all sources prior to submitting a recommendation to the county board relating to a proposed rezoning. Its judgment shall be based upon, but not limited to, the following factors, as applicable:

a.

Does the application conform to the presently adopted future land use plans for the county and adjacent municipalities where applicable?

b.

Is the proposed rezoning compatible with the present and future land uses in the area of the proposal?

What is the present zoning?

What is the proposed zoning?

c.

Will the change have a negative effect on the surrounding properties or uses in the following areas?

Dust?

Noise?

Vibration?

Odor?

Heat?

Glare?

Lighting?

Discharges into the air, water or land?

d.

Would the proposed change adversely affect property values of adjacent landowners to an unreasonable degree?

e.

What additional public services would be necessitated and would existing utilities be sufficient to accommodate the proposal?

f.

Have the potential public safety or traffic generation impacts been addressed through controlled access, combined access, frontage road access, or some other means?

g.

Does the change conform to other applicable county ordinances and plans; comply with state and federal laws, rules, and regulations; and is compatible with all other governmental agencies or political subdivisions?

E.

Time limits for rezoning.

1.

[Generally.] All rezoning proceedings herein shall be conducted in compliance within the time limitations contained in Minn. Stat. § 15.99. Subject to the following exceptions, the county board must make a decision to approve or deny the application for rezoning within 60 days of the receipt of the completed application by the zoning administrator. Failure to deny an application within 60 days is approval of the request. If an application for rezoning is denied, the reason for the denial must be stated in writing at the time the application is denied.

a.

The 60-day time limit begins upon the zoning administrator's receipt of a written application for rezoning containing all information required by law or by a previously adopted rule, ordinance or policy of the county. If the zoning administrator receives a written application that does not contain all required information, the 60-day limit starts over only if the zoning administrator sends notice within ten business days of receipt of the application telling the applicant what information is missing.

b.

A response to an application for rezoning meets the 60-day time limit if the county board or zoning administrator can document that the response was sent to the applicant within 60 days of receipt of the completed application.

2.

Extensions. Exceptions to the 60-day time limit include extensions for the following reasons:

a.

State statute, federal law, or court order require a process to occur before final action can take place, and the time periods required by these laws or orders make it impossible to act within the 60-day period. In such cases, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order.

b.

A request requires prior approval from a state or federal agency. In such cases, the deadline of the county board action is extended to 60 days after the required prior approval is granted.

c.

Prior to the end of the initial 60-day period, the county board or planning commission may direct the zoning administrator to extend the time period by up to 60 days by providing written notice of the extension to the applicant. Said notification must state the reasons for the extension and the anticipated length. Additional extensions may be granted if approved by the applicant.

d.

Or as agreed to by the applicant and the planning commission, board of adjustment or county board.

F.

Recommendation. It shall take a concurring vote of a majority of the full planning commission to override a written recommendation of an affected township board of supervisors. The zoning administrator shall report the findings and recommendations of the planning commission to the county board at its next regularly scheduled board meeting. The report shall recommend approval, disapproval or modified approval of the application. Time limitations may be waived for good cause.

G.

Decision.

1.

Upon receipt of the report and recommendations from the planning commission, the county board shall take action on proposed application within 60 days.

2.

The county board shall have the option to set and hold a public hearing upon the application as it deems necessary. After the hearing, if any, the county board may adopt the proposal or any part thereof in such form as it deems advisable.

3.

The concurring vote of a majority of the full county board shall be necessary for the approval or denial of an application for a rezoning. It shall take a four-fifths vote to override a recommendation of the planning commission.

4.

The board shall make written findings in each case and state the reasons for its decision. Unless otherwise stated the board shall be deemed to have adopted the findings of the planning commission.

5.

The decision shall be filed with the zoning administrator, who shall:

a.

Forward written notice of the county board's decision to the applicant.

b.

File a certified copy of the approved rezoning application with the county recorder and county auditor for record.

c.

Forward a copy of all rezoning affecting recreation rivers or shoreland management districts to the commissioner of the department of natural resources within ten days of such action.

6.

The zoning administrator shall maintain a record of all amendment and rezoning applications considered by the planning commission and county board. Changes to the official zoning maps and directory shall be made as provided by this ordinance.

7.

The approved rezoning application shall become effective immediately upon adoption by the county board, by publication or any other requirement as provided by law.

8.

All decisions of the county board in considering requests for rezoning as provided by this ordinance shall be final. Any aggrieved person or persons, or any department, board, or commission of the jurisdiction or of the state shall have the right to appeal the decision to the county district court on questions of law and fact. Said appeal shall be made within 30 days after the notice of the decision is delivered to the applicant and any other person who otherwise requests notice in writing and provides the zoning administrator with their name and address. Delivery of notice shall be complete upon mailing by first class, United States mail. Any person may waive their right to notice as provided herein.

A.

In the recreation rivers and shoreland management districts, any change shall be effective only upon the certification of the commissioner of the department of natural resources as provided for in MN Rules, parts 6105.0230 and 6120.3900. The commissioner of the department of natural resources shall have been notified regarding the request at least ten days from the time he receives the notice of the county board decision, communicate to the county either:

1.

Certification of approval, with or without conditions; or

2.

Notice of non-approval.

If the county receives neither certification of approval nor notice of non-approval within 30 days, the decision of the board becomes effective.

Whenever an application for rezoning has been considered and denied by the county board, a similar application affecting substantially the same shall not be considered by the planning commission or county board for a period of one year, unless there has been a substantial change of facts or a change of circumstances warrants it in the opinion of the planning commission.

To defray administrative costs of processing requests for rezoning of the districts or boundaries, all applications shall be subject to the following fees:

A.

A flat sum fee in an amount set annually by the county board.

B.

Additional fees may be charged to the applicant for actual costs incurred by the county for site inspections, evaluations, legal, engineering, planning consultant assistance, and for any other expenses incurred that are necessary for proper review and consultation to assist the planning commission and county board in its decision-making.