The regulations, restrictions, districts and boundaries set forth in this ordinance may be amended, supplemented, changed or repealed whenever the public necessity, general welfare or good land use planning requires such. Such amendments shall be issued as a means to implement changes in the goals and policies of the county as reflected in the comprehensive land use plan.

The following procedure shall be followed by those persons applying for an amendment to this ordinance:

A.

Application.

1.

An amendment to the provisions or 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 an amendment petition from the zoning administrator. The application shall contain the following written information:

a.

Amendment to text.

(1)

Names and addresses of the petitioner or petitioners.

(2)

Stated reason for change requested.

(3)

Statement of compatibility with the county comprehensive land use plan.

(4)

Text of the portion of the existing ordinance to be amended.

(5)

Proposed amended text.

(6)

Statement outlining the effects that the proposed amendment may have on the intent and purposes of this ordinance.

(7)

What changing conditions within the county make the amendment necessary.

(8)

What error in the existing ordinance would be corrected by the proposed amendment.

(9)

Signature of petitioner or petitioners.

(10)

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

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.

d.

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 amendment application.

2.

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

3.

All proposed amendments to this ordinance, when requested by the planning commission, may 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 an amendment 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 amendment. Its judgment shall be based upon, but not limited to, the following factors, as applicable:

a.

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

b.

Was there an error or oversight in preparing the original ordinance, which indicates the proposal should have been included at that time?

c.

Is this change beneficial to the county or is it merely a convenience or benefit to an individual person or parcel?

d.

Does the amendment conform to other applicable county ordinances and plans; comply with state and federal laws, rules, and regulations; or conflict with any other governmental agencies or political subdivisions?

e.

Will the amendment have a negative effect on the surrounding properties or uses from dust, noise, vibration, odor, heat, glare, lighting or discharges into the air, water or land?

f.

Are the proposed amendments compatible to the county's physical, geological, hydrological and other environmental features? The planning commission may require the applicant, at their own expense, to provide sufficient proof from a reliable source(s) that the site's features are compatible to the proposed uses.

g.

Is there evidence the applicant cannot receive a reasonable return on investment through developing the property with the ordinances currently in effect?

E.

Time limits are not applicable. Amendments to the zoning ordinance are not subject to the time limits in Minnesota Statutes § 15.99.

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 may take action.

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 an amendment. It shall take four-fifths vote to override a recommendation of the planning commission.

4.

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, amendment, with the county recorder and county auditor for record.

c.

Refer the decision or order to the county attorney to prepare the amendment of this ordinance, if applicable.

d.

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

5.

The zoning administrator shall maintain a record of all amendment applications considered by the planning commission and county board. Changes to the Meeker County Zoning Ordinance shall be made as provided by this ordinance.

6.

The amended ordinance shall become effective immediately upon adoption by the county board, by publication on its effect date if so stated or any other requirement as provided by law.

7.

All decisions of the county board in considering requests for amendments provided by this ordinance shall be final.

Whenever an application for an amendment has been considered and approved by the county board the necessary changes shall be adopted by ordinance.

A.

In the recreation rivers and shoreland management districts such adoption 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 an amendment 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.

The planning commission in cooperation with the zoning administrator shall at least once a year prepare and file with the county board a report on the operations of the zoning ordinance as amended, including, when necessary, recommendations as to the enactment of amendments or supplements thereto. This report shall include, but need not be limited to, the study of the following:

A.

Development of property uses.

B.

Nature of population trends.

C.

Commercial and industrial growth, both actual and prospective.

D.

Affect upon the county as a whole in view of the county's comprehensive land use plan and how the ordinance has assisted in implementing the plan.

To defray administrative costs of processing requests for an amendment of this ordinance, 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.