An amendment of this ordinance may be initiated by petition of the owner of the property to be rezoned, upon recommendation of the planning commission or by the city council. The ordinance may be amended whenever consistent with the public health, safety or general welfare. All amendments shall be consistent with the intent of this ordinance and of the comprehensive plan.

An application for a change in the boundaries of a zoning district made by the owner of the property shall be submitted to the city planner on forms provided by the city and shall be accompanied by the following:

a)   a map or plat of the property and the land within 400 feet thereof;

b)   evidence of ownership or an interest in the property;

c)   the fee required by section 710 of the code of city ordinances; and

d)   such other information as may be required by the city.

   An application for a change in the boundaries of a zoning district which would result in the creation of a zoning district which is inconsistent with the land use designation of the property in the comprehensive plan must be accompanied by an application for an amendment to the comprehensive plan.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

A public hearing before the planning commission shall be held on all applications for amendments to this ordinance. Notice regarding an amendment which involves a change in the boundaries of a zoning district shall be published in the official newspaper at least 10 days prior to the public hearing and shall be sent by mail within a similar time to the applicant and to the owners of all property located wholly or partially within 400 feet, as reflected in the certified records of the Hennepin county auditor. Notice regarding an amendment which does not involve a change in the boundaries of a zoning district shall be published in the official newspaper not less than 10 days prior to the public hearing. The planning commission shall make a decision within 60 days following the hearing or any continuance which is not appealed by the applicant.

After receiving the planning commission's recommendation, the city council must consider the matter and may hold whatever hearing it deems advisable. The city council must act upon the amendment within 60 days of submission of a completed application or such longer period agreed to by the applicant. The city may take an additional 60 days for a decision upon notifying the applicant of the reasons for such an extension. In the case of an amendment involving a change in the boundaries of a zoning district, the city must mail a copy of its decision to the applicant. If the council fails to make a timely decision, the amendment will be deemed to have been approved. The city council may adopt an amendment to this ordinance only upon a majority vote, except that the city council may only adopt a rezoning from residential to any commercial or industrial zone upon an affirmative vote of at least two-thirds of its full membership. In the case of a rezoning to PUD, planned unit development, or the approval of a master development plan, the required votes will be based on the gross floor area of the proposed uses. In these cases, a commercial or industrial zone will be considered to be any plan with more than 25% of the gross floor area in commercial or industrial use.

Any amendment to this ordinance adopted by the city council shall be effective upon adoption or at such later date as may be specified in the amendment.