CHAPTER 60 - INTRODUCTORY PROVISIONS
60.330 AMENDMENT PROCEDURE:
As provided for in this section, the City Council may from time to time amend the boundaries of the zoning districts established on the zoning map or amend the formal text of the zoning ordinance.
60.331
Initiation of Amendments: Amendments to this ordinance may be initiated in one of four ways, as follows:
- The zoning administrator or Commission has the primary responsibility for identifying the need for amendments. The Commission may initiate the review of such amendments by motion.
- The City Council may on its own motion initiate amendments by referring them to the zoning administrator and Commission for review.
- Any owner may formally petition the Council to grant an amendment to the zoning map for land for which he is property owner. The petition shall be filed with the zoning administrator, according to the provisions in paragraph 60.332.
- Any individual may suggest to the City Council or the Commission that it initiate an amendment on its own motion. Such suggestions are entitled to such consideration as the Council or Commission deem appropriate.
60.332
Filing of Formal Petition: In the case of amendments initiated under paragraph 60.331 (3) above, the application shall be submitted to the Zoning Administrator in accordance with the standards and procedures in paragraphs 60.504 and 60.505.
60.333
Procedure: Any proposed amendment to the Zoning Ordinance shall be processed under the Type III Review Procedure, with the Phase II Hearing process being used, as described in Paragraph 60.532.
60.334
Notification: For all amendments, notice shall be provided by publication once in the official newspaper at least 10 days before the date of the hearing scheduled by the Zoning Administrator. In addition, for any amendment initiated under paragraph 60.331 (3), mailed notice shall be sent to all owners of land situated wholly or partly within 350 feet of the outer perimeter of the subject property. Where the zoning map is to be changed or amended incidental or as part of a general revision to the zoning ordinance, whether such revision is made by repeal of the existing zoning ordinance and enactment of a new ordinance, or otherwise, notice of mail shall not be required.
60.335
Submission Criteria: Appendix B outlines the information that is to be submitted with an application for a rezoning amendment initiated under paragraph 60.331 (3).
60.336
Withdrawal of a Petition: If a formal petition is withdrawn before it is heard by the Commission, the withdrawal shall be without prejudice and shall have no effect upon any subsequent petition. If a formal petition is withdrawn after it is heard by the Commission, the withdrawal shall be with or without prejudice as the governing body shall decide.
60.337
Ordinance Adoption: where the Council wishes to proceed with an amendment it shall instruct the City Attorney to prepare an ordinance for subsequent adoption by the Council. This determination shall be made within 60 days of the final Commission action on the application.
Any determination by the Council shall be supported by findings based on the policies in Paragraph 60.338 and these findings shall be reflected in the minutes of the Council proceedings.
A determination to proceed shall not bind the Council to subsequently approve or approve with conditions any ordinance prepared relative to the zone change application. The second reading of the ordinance shall be considered the official action on the matter.
Where the applicant or a representative of the applicant was not present when the determination was made, the applicant shall be notified by registered mail of the Council determination.
60.338
Policy for Rezoning: Subdivision 1. The Commission shall recommend for approval, and the Council shall approve, a request to amend the zoning map or the text of the zoning ordinance if the amendment satisfies the criteria provided in this section: Subd. 2. The criteria of this subdivision apply to those amendments to the zoning map filed by formal petition. An amendment need only satisfy one of the following criteria:
- the area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan;
- the area was originally zoned erroneously due to a technical or administrative error;
- while both the present and proposed zoning districts are consistent with the Plan, the proposed district better furthers the policies and goals of the Comprehensive Plan as found in Chapters 2 and 3 of the Rochester Urban Service Area Land Use Plan, Chapter 3 of the Housing Plan, and Chapter 10 of the ROCOG Long Range Transportation Plan; or
- The area has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage development or redevelopment of the area.
- The area includes lands identified as Decorah Edge in accordance with Chapter 59 and application of the site capacity calculation pursuant to Section 61.531 would provide for beneficial development that maintains typical urban density while preserving habitat and protecting processes that maintain groundwater quality and quantity.
- the permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood; and
- the proposed amendment does not involve spot zoning. (Spot Zoning involves the classification of a single lot or several small lots to a district which is different than that assigned to surrounding properties, for reasons inconsistent with the proposes set forth in this ordinance, the state enabling legislation, or the decisions of courts in this state.)
- whether there is a public need for the amendment;
- whether the amendment will accomplish one or more of the purposes of this ordinance, the Comprehensive Plan or other adopted plans or policies of the City of Rochester; and
- whether adoption of the amendment will be lawful.
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