Ordinance No. 131 Consolidated Land Use Ordinance

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3. Shall not generate such additional traffic associated with the use that would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving the area. 6. Amendments. 1. General. In accordance with provisions of Minnesota Statues, the City Council may, from time to time, adopt amendments to this Ordinance providing such amendments are consistent with the intent of the Comprehensive Municipal Plan. 2. Initiation. The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text, tables or district boundaries and maps of this Ordinance. Any person(s), firm(s), or corporation(s) who are the fee title owners of real property in the City or who have been designated in writing to represent the interest of the fee title owners of real property in the City may initiate a request to amend the text, tables or district boundaries and maps so as to affect the said real property or such real property adjacent thereto. 3. Application. An application to Amend the Zoning Ordinance shall be made on a form provided by the City. If the application to Amend the Zoning Ordinance is to be considered in association with any other Building Permits, Variances, Conditional or Interim Use Permits, or Subdivision, all related applications shall be submitted simultaneously with the application so as to represent the full intent of the application. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City's fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on the date of the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, The City shall act on the application within the period prescribed unless said required period is extended or waived. 4. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation of health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed application on: the Comprehensive Municipal Plan; the character and development of the affected neighborhood(s) and Zoning District(s); conformance with the Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the amendment. 1. Only applications for zoning amendment which meet one of the following conditions should be considered: 1. A mistake has been made in the original zoning which was inconsistent with the Comprehensive Municipal Plan adopted by the City which should now be corrected; or 2. Substantial changes have occurred within the City since the adoption of the Comprehensive Municipal Plan which changes should result in an amendment of both the zoning and the Comprehensive Municipal Plan; or 3. There shall exist a clear public need for a benefit to be derived from the proposed zoning which shall be greater than any benefit or convenience of the property owners. 4. Beyond a public need being evident, the application shall show that the public interest would be best served by rezoning the property in question and that the property in question is the best qualified to serve said public need; or 5. In the case of "down zoning" which would diminish the intensity of the current use to a less intensive use, the proposed zoning shall allow the property owners a reasonable use of their property under the terms of this ordinance as well as serve the public interest. 2. When reviewing a zoning amendment applications, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 84