The following shall be the procedures used after the application and the required fees have been submitted to the Planning Administrator:
A. The Planning Administrator shall review the completed zoning application and determine if approval of the application would be contrary to the intent of the zoning of the City of Custer or negatively affect the continuity of the official zoning map of the city. Additionally, any application not containing and/or addressing all the information required in Section 17.44.020(A), shall be rejected, and returned to the applicant, along with the fees and the reasons for rejection.
B. If the Planning Administrator finds the application complies with the application requirements, the Planning Administrator shall present the application to the Planning Commission in a public hearing at the next available scheduled meeting in coordination with the appropriate public notifications. The Planning Administrator shall also present a report indicating the Planning Administrator’s recommendation concerning the approval of the application. At the public hearing, any interested person shall be given a full, fair, and complete opportunity to be heard.
1. Notice of the Planning Commission public hearing shall be given by sign, mail, and newspaper.
a. Sign: A sign will be furnished by the Planning Administrator and posted by the Planning Administrator. The sign must be posted in plain public view at the property where the zoning application is requested and must be posted no less than ten (10) days prior to the date of the Planning Commission meeting and must remain posted until final action by the City Council is completed. The sign shall comply with SDCL 11-4-4.4.
b. Mail: A minimum of ten (10) days prior to the public hearing, the applicant shall notify, by mail, all property owners within two hundred and fifty (250) feet from the property boundary line of the property being considered for zoning or rezoning. Any adjacent property under the applicant’s ownership shall not be considered for measurement of such area, and in such situation, the measurement shall begin at the next contiguous property boundary line. Mail notification shall be given by use of a “Notice of Hearing” form established by the Planning Administrator and shall be sent by First Class Mail.
c. Newspaper: The Planning Administrator will publish legal notice in the local newspaper at least ten (10) days prior to the City Council meeting.
C. After reviewing the application, the Planning Commission shall make recommendations to the City Council to approve or deny the application.
D. Following the Planning Commission meeting, City Council shall review the zoning application in a public hearing at the next available scheduled meeting in coordination with the appropriate public notifications. At the public hearing, any interested person shall be given a full, fair, and complete opportunity to be heard.
1. After recommendation is made by the Planning Commission, notice of the City Council public hearing shall be given by sign, mail, and newspaper.
a. Sign: A sign will be furnished by the Planning Administrator and posted by the Planning Administrator. The sign must be posted in plain public view at the property where the zoning application is requested and must be posted no less than ten (10) days prior to the date of the City Council meeting and must remain posted until final action by the City Council is completed. The sign shall comply with SDCL 11-4-4.4.
b. Mail: A minimum of ten (10) days prior to the public hearing, the Planning Administration shall notify, by mail, all property owners within two hundred fifty (250) feet, from the property boundary line of the property being considered for zoning or rezoning. Any adjacent property under the applicant’s ownership shall not be considered for measurement of such area, and in such situation, the measurement shall begin at the next contiguous property boundary line. Mail notification shall be given by use of a “Notice of Hearing” form established by the Planning Administrator and shall be sent by first class mail.
c. Newspaper: The Planning Administrator will publish legal notice in the local newspaper at least ten (10) days prior to the City Council meeting.
E. The City Council shall issue its decision after consideration of review criteria set forth in Section 17.43.060 of this code, Planning Administrator recommendation, Planning Commission recommendation, and all public input. (Ord. 849, 2021: Ord. 803, 2018)