The regulations, restrictions, boundaries and options set forth in this chapter may be amended, supplemented, revised or repealed from time to time as conditions warrant, subject to the following conditions.
(A) Text or map amendments. Proposed amendments shall:
(1) Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally;
(2) Be consistent with the intent and purposes of the ordinance;
(3) Not directly or indirectly adversely affect any other part of the ordinance;
(4) Be consistent with and not in conflict with the Hot Springs Comprehensive Plan;
(5) Errors or oversights as may be found in the ordinance as originally adopted shall be corrected under the normal amendment procedure; and
(6) No new zoning district shall be created to contain an area of less than four acres. The four acres need not be under common ownership.
(B) Text amendment request. Text amendment requests shall be filed with the Zoning Administrator. Requests may be initiated by the Commission, City Council or the Zoning Administrator.
(1) General. The proposed amendment shall be presented at a regularly scheduled meeting of the Commission, at which time the Commission may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.
(2) Hearing by the Commission. The Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Commission shall forward its recommendation to the City Council.
(3) Hearing by City Council. The City Council shall publish once, at least ten days prior to the hearing, notice of a final public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Commission, the City Council may refuse or adopt the ordinance, with or without amendment.
(C) Map amendment request. An application for a map amendment shall be filed with the Zoning Administrator. Rezoning requests may be initiated by either the property owner or a designated representative, or by an appropriate governmental agency. If by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application.
(1) Application. The proposed application shall be presented at a regularly scheduled meeting of the Commission, at which time the Commission may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.
(2) Notification procedure. The applicant shall notify by certified letter, at least ten days in advance of the public hearing, the owners of equity of all property in the city limits within 200 feet, exclusive of streets and alleys, from any part of the property subject to the rezoning, of the date, place and time of the public hearing. Such notification shall fully set forth a description of the development plan for the property, if any, in the event the rezoning request is approved.
(3) Hearing by the Commission. The Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Commission shall forward its recommendation to the City Council.
(4) Hearing by City Council. The City Council shall publish once, at least ten days prior to the hearing, notice of a final public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Commission, the City Council may refuse or adopt the ordinance, with or without amendment.
(D) Vacating of streets and alleys.
(1) The vacating of unimproved streets and alleys shall be pursuant to SDCL § 9-45.
(2) The vacating of improved streets and alleys shall be pursuant to SDCL § 9-45 and shall be subject to review by the City Planning and Zoning Commission in accordance with the § 154.03(D).
(3) Streets and alleys may be vacated by the city reserving, however, any easements and rights-of-way presently existing in said street or alley for public utility or drainage purposes.
(4) The petitioner(s) shall, by certified mail, notify all property owners within 200 feet of the subject property, exclusive of rights-of-way, as to the nature of the request and the time and date and location at which the request will be considered. A list of those property owners and their mailing addresses shall be provided to the City Finance Officer prior to the public hearing on the matter.
(5) Upon application, the petitioner(s) shall place a sign, provided by the city, on or adjacent to the street or alley in question, in clear view of the street identifying that the property is being considered for vacation. The sign shall be placed no less than ten days prior to the public hearing on the matter and shall remain until a decision on the request has been made.
(E) Time limit and notification.
(1) All proposed amendments shall be scheduled for public hearing within 45 days of receipt of such proposal, unless an extension is mutually agreed upon by the interested parties.
(2) All proposed amendments shall be decided by the governing body within 60 days of the public hearing.
(Prior Code, § 27-A-08-05)