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<br />Sec. 113-34 - Payment of city expenses <br />All applicants for the issuance of any permit or final plan approval shall pay in addition to <br />the fees and charges for platting, subdividing, rezoning, and the permits for variances for land <br />development or redevelopment within the city, all out-of-pocket expenses incurred by the city in <br />employing the services of any engineer, legal counsel, or other professional consultants with <br />regard to reviewing said plat, subdivision, application for rezoning and conditional use permit or <br />variance. <br /> <br />(Code 1993, § 9-2.14) <br /> <br />Sec. 113-35 - Amendments <br />(a) Initiation of amendments. An amendment to this chapter may be initiated by the city <br />council, the planning commission, or by petition of a property owner whose property would <br />be affected by the proposed amendment. <br />(b) Application for amendment. All applications for amendments initiated by a property owner <br />shall be filed with the zoning administrator on an official application form. The application <br />shall be accompanied by a fee established by city council resolution and a cash escrow, in an <br />amount determined by the zoning administrator, to reimburse the city for all out-of-pocket <br />costs the city may incur in reviewing the application. When the amendment involves the <br />changing of zoning district boundaries, the application shall be accompanied by an <br />abstractor's certified property certificate listing the property owners within 350 feet of the <br />boundaries of the property to which the amendment relates. <br />(c) Public hearing. When a proposed amendment to this chapter has been properly initiated, <br />the city clerk shall call a public hearing before the planning commission. A notice of the <br />time, place, and purpose of the hearing shall be published in the city's official newspaper at <br />least ten days prior to the hearing. When an amendment involves changes in district <br />boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten <br />days before the date of the hearing to each owner of affected property and property situated <br />wholly or partly within 350 feet of the property to which the amendment relates. The failure <br />to give mailed notice to individual property owners, or defects in the notice shall not <br />invalidate the proceeding, provided a bona fide attempt to comply has been made. The <br />planning commission shall conduct the hearing and make a recommendation to the city <br />council. <br />(d) Action by city council. The city council shall not act upon a proposed amendment until it <br />has received the recommendation of the planning commission or until 60 days after the first <br />regular planning commission meeting at which the proposed amendment was considered. <br />(e) Consistency with comprehensive plan. No amendment to this chapter shall be adopted <br />which is in conflict with the city's comprehensive plan. <br />(f) Time deadline; approval requirements. Pursuant to Minn. Stats. § 15.99, an application for <br />an amendment must be approved or denied within 60 days from the date a properly <br />completed application is received by the city unless the time period is waived by the <br />applicant or extended as provided by statute. Approval of an amendment shall require a <br />majority vote of all the members of the city council. Amendments which change all or part <br />of the existing classification of a zoning district from residential to either commercial or