(A) Requirements for change. Whenever the public necessity, safety and general welfare or good zoning practices justifies such action, and after consideration and recommendation by the City Zoning Commission as provided herein, the City Council may change zone district boundaries, use groups, or the regulations established under this chapter; provided that such modification or repeal in each instance is presented to the City Council in the same manner and upon the same notice as required for the adoption of this code.
(Prior Code, § 16-6-1)
(B) Initiation of change. A proposed change of zone district boundaries or regulations may be initiated by the City Council, City Zoning Commission, or by application of one or more of the owners of property within the area requested to be changed.
(Prior Code, § 16-6-2)
(C) Public hearing. Every three months or at the discretion of the City Zoning Commission, the Commission will set an informal hearing to consider requested changes or amendments to the zoning ordinance or zoning map. The hearing shall be held not less than 15 days after the proposed amendment has been published in a newspaper of general circulation in the city.
(Prior Code, § 16-6-3)
(D) Recommendations. The Zoning Commission may recommend approval or disapproval of a requested change, either in whole or in part. Recommendations for changes shall be presented to the City Council.
(Prior Code, § 16-6-4)
(E) Adoption. The City Council shall thereafter by resolution either adopt or reject the proposed amendment, which if adopted shall take effect upon the twentieth day after its publication by the City Council in the official city newspaper.
(Prior Code, § 16-6-5)
(F) Site plan and schedule. All requests for change in the zoning map shall be accompanied by the following:
(1) Intention. A complete statement giving reason and intention for the planned future use of the area proposed for amendment;
(2) Site plan. A site plan, drawn to scale, showing existing and proposed structures, uses, open space and facilities for parking and loading, and arrangements for pedestrian and vehicular circulation of the area proposed for amendment and all abutting properties with their use and zoning district defined. Water and sewer facilities must also be shown on site plan;
(3) A proposed time schedule for beginning and completion of development.
(Prior Code, § 16-6-6)
(G) Fees and expenses. All requests for changes in the zoning ordinance or map, except those initiated by the City Council or City Zoning Commission, shall be accompanied by deposit of $20 which shall be used to defray expenses for the administrative preparation for consideration of the request. Five dollars is the fee for submitting a request for a building permit.
(Prior Code, § 16-6-7)
Statutory reference:
Related provisions, see SDCL Chapter 11-4, §§ 11-4-8, 11-4-9