A. Application: A proposed change in the zoning district classification or boundaries of the zoning map may be initiated by the city council, city planning commission or the owners of property within the area requested to be changed. A written application shall be filed with the public works department requesting a change in the zoning district classification; such application shall be provided by public works department and shall be completed by the applicant.
B. Planning Commission Hearing:
1. Application: Upon the filing of an application for a request of zoning district classification change with the public works department, accompanied by the remittance of the applicable fees, the department shall draft the appropriate ordinance for consideration by the planning commission and city council.
2. Notice: The planning commission shall send notice of the planning commission and council hearings thereof. It shall be sent to each of the owners of record of all property lying within one hundred forty feet (140') of the tract measured by excluding streets and alleys rights of way for rezoning requested and the application made. The commission shall publish such notice in the municipality's legal newspaper once not less than ten (10) nor more than fifteen (15) days prior to the hearing.
3. Appearance At Hearing: Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing. At the hearing, any person may appear in person, by agent or attorney.
4. Planning Commission Findings: The planning commission shall submit to the city council its written findings and conclusions on those applications for zoning district regulation or classification changes that it has considered.
C. City Council Hearing:
1. Application And Notice: The city council shall conduct a public hearing and act on the submitted ordinance. Notice of the time and place of the public 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 adopt or refuse the ordinance, with or without amendment.
2. Appearance At Hearing: At the hearing, any person may appear in person, by agent or attorney.
3. Review Of Planning Commission Decision; Determination: At such public hearing, the city council shall review the decision and recommendation of the planning commission of the proposed ordinance submitted to the city council. The city council, in making its determination of such application, may make changes in the zoning map in accordance with, or in modification or rejection of, the recommendation of the planning commission. (Ord. 2408, 10-1-2012)
4. Approval Or Denial: Approval or denial of any application for a zoning district classification change shall be a majority of the members of the city council. (Ord. 2512, 4-6-2015)
a. If a zoning ordinance is adopted, the ordinance shall be published and take effect as other ordinances unless the referendum is invoked, or unless a written protest is filed with the finance office, signed by at least forty percent (40%) of the owners of equity in the lots included in any district and the lands within two hundred fifty feet (250') from any part of such proposed district.
b. A corporation shall be construed to be a sole owner, and when parcels of land are in the name of more than one person, ownership representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners.
c. If a protest is filed, the ordinance does not become effective unless the ordinance is approved by two-thirds (2/3) of the city council. Such written protest shall not be allowed as to any ordinance regulation or establishing floodplain areas. See South Dakota Codified Laws 11-4-5.
5. Reapplication: No application requesting a zoning district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the city council shall again be considered by the planning commission before the expiration of six (6) months from the date of the final action of the city council on the previous application. However, this shall not prevent the city council from acting on its own initiative in any case or at any time as provided in this chapter. (Ord. 2408, 10-1-2012)