The provisions of this chapter may be amended by the Board of County Commissioners of Carver County.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   A request for amendment, rezoning, extension or addition to the regulations of this chapter can be initiated by the following: a petition from a resident or residents or property owner or owners within the jurisdiction of this chapter; a recommendation of the Planning Commission; action by the County Board.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   An applicant for an amendment to the zoning code may request a meeting with the Planning Commission prior to making a formal application. The applicant should make available to the staff and the Planning Commission sufficient information to present a general idea of the proposal. The applicant may request that the meeting be placed on the Commission agenda any time before the agenda is mailed to the members of the Planning Commission.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   An application for amendment or rezoning shall be filed with the Department and be accompanied with the filing fee as may be established by the County Board.

   (B)   Required information accompanying application to change the wording of this chapter shall contain the following:

      (1)   Stated reason for change requested;

      (2)   Statement of compatibility to the comprehensive plan;

      (3)   Text of portion of the existing ordinance to be amended;

      (4)   Proposed amended text and statements outlining any other effects that the amendment may have on other areas of this chapter; and

      (5)   Additional information as may be requested by the Planning Commission or Department.

   (C)   Required information accompanying applications to change district boundaries shall contain the following:

      (1)   The names and addresses of the petitioner or petitioners and their signatures to the petition;

      (2)   A specific description of the area proposed to be rezoned, and the names and addresses of all owners of property within the area, and a description of the property owned by each;

      (3)   The present district classification of the area and the proposed district classification;

      (4)   Proposed use of land (a statement of the type, extent, area, and the like);

      (5)   Map and plot plan or survey;

      (6)   Compatibility with the comprehensive plan (a statement of conditions warranting changes in zoning);

      (7)   A legal description of the property to be rezoned;

      (8)   Map, plot plan or survey plot of property to be rezoned (showing location, dimensions, zoning of adjacent properties, existing uses and buildings of adjacent properties) within 500 feet in incorporated areas, and ½-mile in unincorporated areas and drawn to scale; and

      (9)   Additional information as may be requested by the Planning Commission or county staff.

(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)

   A public hearing shall be conducted as provided in § 152.285.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Prior to submitting its recommendation to the County Board the Planning Commission shall support its recommendations by making findings of fact based on evidence from all sources.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   (A)   Following the closing of the public hearing and action by the Planning Commission, the Department shall forward the Planning Commission findings and recommendations on the proposed amendment or rezoning to the County Board.

   (B)   Special conditions in floodplain; Floodplain standards. For floodplain standards, see the Floodplain Overlay District regulations in §§ 152.143 through 152.156.

(Ord. 47, passed 7-23-02; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

   The following shall be the procedure for amending this chapter or rezoning:

   (A)   Time for action. The County Board shall take action on the proposed amendment following receipt of the recommendations by the Planning Commission so as to comply with M.S. § 15.99, as it may be amended from time to time. Should the Planning Commission fail to provide findings and a recommendation in a timely manner, the Board shall take action so as to comply with M.S. § 15.99, as it may be amended from time to time.

   (B)   Findings of fact. Before adopting an ordinance to amend the zoning code or denying the petition for amendment the Board shall examine the hearing record and any other relevant information or reports. The Board shall adopt a resolution stating its reasons for approval or denial. To approve an application the Board shall find as follows:

      (1)   The amendment is in conformance with the comprehensive plan;

      (2)   The amendment is not in conflict with any other official controls; and

      (3)   The amendment will not be detrimental to the health, safety or general welfare.

   (C)   Amendments to the chapter shall be adopted by ordinance. Changes in district boundaries shall be by ordinance. Following passage of the ordinance, the Department shall make appropriate changes on the zoning map.

   (D)   Notice to applicant. The Department shall send written notice of the County Board action to the applicant.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)

   Floodplain standards. For floodplain standards, see the Floodplain Overlay District regulations in §§ 152.143 through 152.156.

(Ord. 47, passed 7-23-02; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)

   In the event the proposed change in the zoning use district boundaries is denied by the County Board, no request for the same district change on the same property will be considered for at least one year.

(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)