09-20-2021 Planning Commission Packet

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Planning Commission Sec. 78-43. -Adoption and amendment procedure. Exhibit F LA21-62 (a) At any time after the adoption of a land use plan for the city, the planning commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the council with its recommendations for adoption. Subject to the requirements of this chapter,the council may adopt and amend a zoning ordinance with the favorable vote of a majority of the entire city council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require approval by a two-thirds vote of the entire city council. (b) No zoning ordinance or amendment shall be adopted until a public hearing has been held by the planning commission or by the council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city not less than ten days prior to the day of the hearing. When an amendment includes changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days prior to the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the • records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subsection has been made. State Law reference— Similar provisions, Minn. Stat. §462.357, subd. 3. (c) An amendment to this chapter may be initiated by: (1) Action of the council; (2) A recommendation of the planning commission; or (3) By petition of the owners of their or adjoining property, the zoning of which is proposed to be changed. An amendment not initiated by the planning commission shall be referred to the planning commission for study and report and may not be acted upon by the council until it has received the recommendation of the planning commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning commission. (d) Rezoning applications may be denied by motion of the council, and such motion shall constitute a • finding and determination that the proposed rezoning is not in the best interest for the physical development of the city. No application which has been denied wholly or in part shall be