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(a) It shall be a function and duty of the planning commission to propose a plan for the physical development of the city, including any areas outside the boundary and within its planning jurisdiction which, in the planning commission’s judgment, bear relation to the planning of the city.
(b) The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission’s recommendations for the physical development and may include, among other things, the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterways and waterfront developments, playgrounds, airports and other public ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; a zoning ordinance for the regulation of the height, area, bulk, location and use of private and public structures and premises, and of population density as may be provided by law may be included as an adjunct to the comprehensive plan; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities or terminals; the general location, character, layout and extent of community centers and neighborhood units and the general character, extent and layout of the replanning of blighted districts and slum areas.
(c) The planning commission may from time to time propose amendments, extensions or additions to the comprehensive plan or carry any of the subject matter into greater detail. The planning director shall be responsible for preparing the master plan and amendments and extensions thereof and for submitting with recommendations the plans and modifications to the city planning commission for its consideration and adoption.
(d) Types of amendments.
(1) Comprehensive plan amendments. The planning director shall be responsible for preparing the master plan and amendments to the city planning commission for its consideration and adoption.
(2) Future land use plan [comprehensive plan] amendments. Property owners and/or the planning director may be responsible for preparing amendments to future land use map for city planning commission consideration and adoption.
(e) The public should be notified of proposed amendments and allowed an opportunity to be informed of the amendments and provide comment. The planning director and planning commission will consider neighborhood opinions in evaluating proposed amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide:
(1) Whether the proposed amendment is consistent with the goals, policies and overall intent of the text within the comprehensive plan;
(2) Whether the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property;
(3) Whether the proposed amendment achieves an arrangement of activities which promote harmonious interaction and minimizes land use conflicts surrounding the subject property;
(4) Whether the proposed amendment would adversely affect the environment, historic resources, natural resources, urban services, public facilities and transportation system;
(5) Whether the proposed amendment is warranted by an approved engineering analysis, including, but not limited to, adopted city-initiated master plans;
(6) Whether the proposed amendment would result in a logical and orderly development pattern;
(7) Whether the proposed amendment adversely affects any other part of the city, or creates any direct or indirect adverse effects; and
(8) In conclusion, whether the proposed amendment creates an undue impact on surrounding neighborhoods; whereas proposed developments should be consistent with the physical characteristics of the surrounding neighborhoods or improves their living environment and quality of life.
(1957 Rev. Ords., § 2.912; 1992 Code, § 32-30) (Ord. 1992, passed 8-3-1959; Ord. 06-06, passed 1-3-2006)
In the preparation of the comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
(1957 Rev. Ords., § 2.913; 1992 Code, § 32-31) (Ord. 1992, passed 8-3-1959)
(a) Plan proposed as a whole or in part. The planning commission shall propose to the city council the comprehensive plan as a whole by a single resolution, or, as the work of making the whole comprehensive plan progresses, may from time to time propose parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.
(b) Public hearing required before recommendation of plan to city council; notice; submission. Before recommendation to the city council of the comprehensive plan or part thereof, the planning commission shall hold at least one public hearing, notice of the time and place of which shall be given at least 15 days in advance by publication in a newspaper having general circulation in the city. The planning commission shall submit the recommended comprehensive plan or part thereof to the city council.
(c) Vote required for adoption of plan; notice and hearing; reference to maps and descriptive matters; signature of mayor; ordinance subject to publication and protest provisions. The adoption by the city council of the plan or any part, amendment or additions shall, following the same type of notice and public hearing as required by division (b) above, be by resolution carried by the affirmative votes of not less than a majority of all the members of the city council. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the city council to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof, by the identifying signature of the mayor. If a zoning ordinance is included as an adjunct to the comprehensive plan, or any part, amendment or addition, that zoning ordinance shall be subject to the provisions of SDCL 11-4-5.
(1957 Rev. Ords., § 2.914; 1992 Code, § 32-32) (Ord. 1992, passed 8-3-1959)
(a) Whenever the city council shall have adopted the comprehensive plan of the city or any part thereof, no street, park or other public way, ground, place, space, no public building or structure, no public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof, shall be constructed or authorized in the city or within its subdivision jurisdiction as defined in § 154.033, until and unless the location and extent thereof shall have been submitted to and approved by the planning commission.
(b) In case of disapproval, the planning commission shall communicate its reasons to the city council, and the city council, by vote of not less than two-thirds of its entire membership, shall have the power to overrule the disapproval and, upon the overruling, the city council or the appropriate board or officer shall have the power to proceed.
(c) If the public way, ground, place, space, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing such, fall within the province of the city council or other body or official of the city, the submission to the planning commission shall be by the board or official having jurisdiction, and the planning commission’s disapproval may be overruled by the board by a vote of not less than two-thirds of its entire membership or by the official.
(d) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for any street or other public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled.
(e) The failure of the planning commission to act within 65 days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by the city council or other submitting official.
(1957 Rev. Ords., § 2.916; 1992 Code, § 32-33) (Ord. 1992, passed 8-3-1959)
From and after the time when the city council shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of the making and adoption of a major street plan, the planning commission may recommend and the city council is hereby authorized and empowered by ordinance to establish, regulate and limit, and to change and amend, building or setback lines on the streets and to prohibit any new building being located within the building or setback lines. The regulations authorized by this section shall not be adopted, changed or amended until a public hearing has been held thereon, following the same notice as provided in § 154.030(b).
(1957 Rev. Ords., § 2.917; 1992 Code, § 32-34) (Ord. 1992, passed 8-3-1959)
From and after the time when the city council shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of making and adoption of a major street plan, and shall have filed a certified copy of the major street plan in the office of the register of deeds of the county, no plat of a subdivision of land lying within the city, or of land within the joint jurisdictional area and not located in any other municipality, shall be filed or recorded until it shall have been submitted to and a report and recommendations thereon made by the planning commission to the city council and the city council has approved the plat. This section shall be applicable to land within three miles of the city limits of the city and not located in any other municipality only if the comprehensive plan or major street plan includes that land. However, in the case of extra municipal land lying within three miles of more than one city, the jurisdiction of each municipality shall terminate at a boundary line equidistant from the respective corporate limits of the cities, unless otherwise agreed to by a majority vote of the governing body of each city. The plats shall, after report and recommendations of the planning commission are made and filed, be approved or disapproved by the city council. The planning commission shall make its recommendation to the city council within 60 days of submission.
(1957 Rev. Ords., § 2.918; 1992 Code, § 32-35) (Ord. 1992, passed 8-3-1959)
Cross-reference:
Subdivisions, see ch. 157
In exercising the duties granted to it by this chapter, the planning commission shall recommend and the city council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in § 154.033. The regulations may provide for the harmonious development of the city and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the city; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-36) (Ord. 1992, passed 8-3-1959)
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