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AN ORDINANCE AMENDING CHAPTER 50, SECTION 50-37.1 G, OF THE CITY CODE TO CLARIFY THAT THE 12 MONTH APPLICATION LIMITATION DOES NOT APPLY TO CITY INITIATED PLANNING OR ZONING PROPOSALS.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Chapter 50, Section 50-37.1 G, of the Duluth City Code, be amended as follows:
50-37.1 Common procedures and requirements.
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G. Successive applications.
If an application pursuant to this Chapter has been denied by the city, an application requesting the same or essentially the same approval shall not be accepted during the next 12 months.; This prohibition does not apply to proposals initiated by the city;
Statement of Purpose
STATEMENT OF PURPOSE: This amendment clarifies a potential ambiguity in the City Code. This section in the Code was never intended to prohibit the city from initiating a planning or zoning proposal. Such interpretation would be in conflict with the Minnesota Municipal Planning Act. Pursuant to Section 50-37.3 of the Duluth City Code, the planning commission held a duly noted public hearing on September 12, 2017, and voted unanimously to recommend city council approval of the above-described text amendment.