Ch11.§12-1 · City of Nowthen public records

A. Application: An amendment to the text of the Chapter, or the Official Zoning Map, may be initiated by the City Council, Planning & Zoning Commission, or by application of a property owner. Individuals wishing to initiate an amendment to the Zoning Ordinance shall fill out an application and submit it to the City Clerk, together with a fee, as set forth by Section 1-2-2 of the City Code. B. Public Hearing: 1\. Before voting on the enactment of an amendment, the Commission shall hold a public hearing thereon, pursuant to public notice. The hearing shall be held within forty-five (45) days after the request for the zoning amendment has been received. It shall be the responsibility of the Clerk to have notice of the time, place, and purpose of the public hearing published in the official newspaper ten (10) days prior to the hearing. 2\. Also, when an amendment involves changes in district boundaries affecting an area of five (5) acres or less, a written notice of the hearing stating its time, place and purpose shall be mailed by the City Clerk at least ten (10) days before the day of the hearing to each owner or affected property and property situate wholly or partially within one thousand three hundred twenty (1,320) feet of the property to which the amendment relates For the purpose of giving mailed notice, the Clerk 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 Clerk and shall be made a part of the records of the proceedings. The failure to give mailed notice to the individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. 3\. If, after any public hearing held upon an amendment, the proposed amendment is revised or further revised to include land previously not affected by it, the Commission shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.   C. Planning & Zoning Commission Report: The Commission shall make its report to the Council at the next regular City Council meeting following the hearing recommending approval, disapproval, or modified approval of the proposed amendment. D. City Council Action: The City Council shall act upon the request within forty-five (45) days after receipt of the report from the Planning & Zoning Commission. The applicant shall be notified of the action taken. The City Council shall maintain records of amendments to the text and Official Zoning Map of this Chapter. E. Recommendation: No application of a property owner for an amendment to the text of this Chapter or the Official Zoning Map shall be considered by the Planning & Zoning Commission within one (1) year following a denial of such request, except the Planning & Zoning Commission may permit a new application, if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. (Ordinance #3, adopted November 9, 2010) 11-12-2: CRITERIA: The City Council and the Planning & Zoning Commission shall consider possible adverse effects of the proposed amendment. Their judgment shall be based upon (but not limited to) the following factors: A. The proposed action's consistency with the specific policies and provisions of the Comprehensive Plan. B. The proposed use's compatibility with present and future land uses of the area. C. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. D. Traffic generation of the proposed use in relation to capabilities of streets serving the property. E. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. (Ordinance #39, adopted December 13, 2011)   # SECTION 13 ADMINISTRATION AND ENFORCEMENT Section: 11-13-1 Administrative Officer 11-13-2 Duties of the City Clerk 11-13-3 Enforcement 11-13-4 Ordinance Repealed 11-13-5 Separability 11-13-1: ADMINISTRATIVE OFFICER: The Nowthen City Council shall instruct the Building Official to enforce this Chapter and perform the following duties: F. Conduct inspections of buildings and use of land to determine compliance with the terms of this Chapter. (Ordinance #3, adopted November 9, 2010) G. The City Council shall appoint a Building Official to carry out the permit and inspection provisions of this Chapter. 11-13-2: DUTIES OF CITY CLERK: The Nowthen City Council shall instruct the Clerk to perform the following duties: A. Maintain permanent and current records relating to this Chapter, including, but not limited to: all maps, amendments, conditional uses, variances, appeals, and applications therefore and minutes for all applicable meetings. B. Receive, file, and forward all applications for appeals, variances, conditional uses, or other matters to the designated official bodies. (Ordinance #3, adopted November 9, 2010) 11-13-3: ENFORCEMENT: A. Remedies: In the event of a violation or a threatened violation of this Chapter, the City Council or Planning & Zoning Commission, in addition to other remedies, may request the Attorney to institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations or threatened violations. B. Penalties: Any person, firm, partnership, corporation, or other legal entity who violates any of the provisions of this Chapter shall be guilty of a misdemeanor as defined by State Law. Each day that a violation is permitted to exist shall constitute a separate offense. (Ordinance #3, adopted November 9, 2010)   11-13-4: ORDINANCE REPEALED: Whereas the Building Code of the Town Board, Anoka County, Minnesota, including the Zoning Plan and Building Regulation adopted by the Town Board on October 8, 1957, is found inconsistent with this Chapter and is therefore repealed in its entirety. (Ordinance #3, adopted November 9, 2010) 11-13-5: SEPARABILITY: It is hereby declared to be the intention that the several provisions of this Chapter are separable in accordance with the following: 1\. If any Court of competent jurisdiction shall adjudge any provisions of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. 2\. If any Court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, building, or structure, such judgment shall not affect other property, buildings, or structures. (Ordinance #3, adopted November 9, 2010; Ordinance 2013-04, adopted April 9, 2013)

Ch.11 § 12-1

Amendment history