The following shall be the procedures used after an application for a variance and the required fees have been submitted to the Planning Administration:
A. The Planning Administrator shall review the completed variance application and determine if granting the variance would be contrary to the public interest. Additionally, any application not containing and/or addressing all the information required in Section 17.48.020(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 Administrators 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 Administration and posted by the Planning Administration. The sign must be posted in plain public view at the property where the variance 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 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 a variance. 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. 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 Board of Adjustment to approve, approve with conditions, or deny the application.
D. Following the Planning Commission recommendation, Board of Adjustment shall review the variance 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 Board of Adjustment public hearing shall be given by sign, mail, and newspaper.
a. Sign: A sign will be furnished by the Planning Administration and posted by the Planning Administration. The sign must be posted in plain public view at the property where the variance is requested and must be posted no less than ten (10) days prior to the date of the Board of Adjustment meeting and must remain posted until final action by the Board of Adjustment 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 a variance. Any property within this area which is under the applicant's ownership shall not be considered for measurement 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. The Planning Administration will publish legal notice in the local newspaper at least ten (10) days prior to the Board of Adjustments meeting.
E. The Board of Adjustment shall issue its decision after consideration of review criteria set forth in Section 17.48.040 of this code, Planning Administrator recommendation, Planning Commission recommendation, and all public input. A variance shall be considered approved if the application receives an affirmative vote by two-thirds majority of present voting members of the Board of Adjustment. As a condition of approval, the Board of Adjustment may impose, consistent with the general purpose of the zoning ordinance, appropriate conditions and safeguards to any variance granted. (Ord. 843, 2020: Ord. 804, 2018)