10-23-1996 Council Agenda - Laserfiche WebLink

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462.357 HOUSING. REDEVELOPMENT, PLANNING, ZONING 870 in the notice shall not invalidate the proceedings, provided a bona fide attempt to com- ply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivi- sion apply to cities of the first class. In such cities amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous prop- erty within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The gov- erning body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commis- sion or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted. and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical. and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily news- paper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjust- ments may be taken by any affected person upon compliance with any reasonable con- ditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of cir- cumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic con- siderations alone shall not constitute an undue hardship if reasonable use for the prop- erty exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 2, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land Page 84 871 is located. The boar the temporary use o erring body as the c insure compliance a Subd. 6a. Nora state that handicapp ing ordinances or otl roundings. For purp in section 245A.02, Subd. 7. Permit or fewer persons, a I family day care facili to serve 14 or fewer use of property for t Subd. 8. Permit 7 or in any town, mu lion, a state licensed day care facility sen multifamily resident: or county zoning autl to assure proper mai. shall be imposed on t conditional uses or s additional condition: the residential facilit\ tial or day care facilit ing regulation. History: 1965 c c c 539 s 1; 1973 c 559 c 356 s 248; 1982 c 4S s 23; 1986 c 444; 198 2 s 66,67; 1994 c 473 462358 PROCEDU TIONS. Subdivision 1. [F Subd. 1 a. Author welfare, to provide fo: agricultural lands, to dies of all income leve sewage, storm draina facilities, a municipal standards, requireme: of subdivisions. The made applicable only be uniform for each c A municipality m tons to unincorporate but not in a town whit or more noncontiguot is authorized to cont: within this area. Subd. 2. [Repeale Subd. 2a. Terms may address without