A. Pursuant to SDCL 11-4, Custer Municipal Code 17.08.040(E) is repealed and all zoning ordinances shall only be adopted or renewed by these procedures set under 17.04.012.
B. City Council is the only governing body that can adopt or renew a zoning ordinance. A proposed zoning ordinance may also be adopted through a referendum pursuant to SDCL 9-20.
C. Before adoption or renewal of a zoning ordinance by City Council, the Council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten (10) days in advance by publication in a legal newspaper of the municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.
D. Upon adopting a zoning ordinance, the ordinance is subject to the provisions of SDCL 9-19-7 as a comprehensive regulation unless the ordinance was adopted by referendum.
1. SDCL 9-19-7 states the title of all ordinances shall be read twice with at least five days intervening between the first and second reading. The ordinance shall be signed by the mayor or acting mayor, filed with the Finance Officer, and published once except that an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, health, or milk regulations need not be published in a newspaper, but upon adoption of such an ordinance the Finance Officer shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and twenty days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.
E. Any protests to a proposed zoning ordinance shall follow the following guidelines:
1. Any written protests to a proposed ordinance must be filed with the Finance Officer and it must be signed by at least forty percent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty feet from any part of the proposed district. Any written protest must be filed before the date the ordinance becomes effective pursuant to SDCL 9-19-7.
2. For purposes of determining who is an owner of equity for a written protest, a corporation is construed to be a sole owner, and if parcels of land are in the name of more than one person, ownership representation is in proportion to the number of signers who join in the petition in relation to the number of owners.
3. If a written protest has been filed correctly, the ordinance does not become effective unless the ordinance is approved by two-thirds of the City Council.
4. The protest provisions of this section do not apply to any ordinance regulating or establishing flood plain areas. (Ord. 789 (part), 2017)