(A) (1) Whenever the public necessity, safety, and general welfare or good zoning practices justifies such action and after consideration and recommendation by the City Planning and Zoning Commission, as provided herein, the City Council may change zoning district boundaries or use groups or the regulations established by this chapter.
(2) A proposed change of zoning district boundaries or regulations may be initiated by the City Planning and Zoning Commission, City Council, or by application of one or more of the owners of property within the area requested to be changed. However, no such action may be taken until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.
(3) Notice of the time and place of such hearing shall be published once ten days prior to the date of the meetings as provided in SDCL Chapter 11-4, and its amendments. Unless otherwise provided for in these regulations, any change in these regulations shall require City Council approval of an ordinance describing said changes. The City Council may not consider said ordinance until the Planning and Zoning Commission has delivered a recommendation to either approve or not approve said ordinance.
(B) The landowner or other person(s) requesting the amendment shall complete an application for amendment, available from the Administrative Official. Completed applications shall be returned to the Administrative Official for review. To be considered by the Planning and Zoning Commission and City Council, the application form shall be completed and shall be accompanied by the following items:
(1) Any required attachments and fees including registered or certified mail costs in § 155.177; and
(2) Any additional information requested by the Administrative Official as lawfully may be required to determine conformance with and provide for enforcement of this subchapter.
(C) The Administrative Official shall review the application and shall forward a summary of the application and his or her comments regarding said application to the Planning and Zoning Commission for its review.
(D) (1) The Administrative Official shall set the date, time, and place for a joint public hearing to be held by the Planning and Zoning Commission and City Council. The Administrative Official shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed amendment; such notice shall be published not less than ten days prior to the public hearing.
(2) If the proposed amendment will change the boundaries of a zoning district, the Administrative Official shall notify all owners of property within 250 feet of the proposed boundary change by registered or certified mail at the expense of the applicant at least one week before the public hearing.
(E) The public hearing shall be held, and any person may appear in person or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning and Zoning Commission.
(F) The Planning and Zoning Commission shall either recommend or not recommend approval of the amendment to the City Council.
(G) The City Council shall either approve or not approve the ordinance describing the proposed changes to these zoning regulations in accordance with standard procedures for reading, approval, publication, and effective date.
(H) When the City Council approves a proposed amendment affecting the zoning classification of property, affected property owners may file a written protest to stop such an amendment from taking effect. If the protest meets the following standard, such amendment shall not become effective unless the amendment is approved by two-thirds of the City Council. The protest shall be signed by at least 40% of the owners of equity in the parcels in the area affected by the amendment and the parcels or parts of parcels within 250 feet of the area affected by the amendment.
(Ord. passed - - 2006)
Statutory reference:
Related provisions, see SDCL Chapter 11-4