§ 158.398  HEARING BY BOARD AND CITY COUNCIL.
   (a)   Generally. The board of county commissioners and the city council shall jointly conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in these regulations. The county auditor shall cause to be published a notice of the time and place when and where all persons interested shall be given a full, fair and complete hearing. The public hearing shall comply with the provisions of SDCL 11-2, 11-4 and 11-6.
   (b)   Supplementary notice. Supplementary to the published notice, a sign(s) to be provided by the Lincoln County planning department shall be posted on the property at least seven days prior to the scheduled hearing.
   (c)   Hearing. Upon the day of the public hearing, the board of county commissioners and the city council shall review the decisions and recommendations of their respective planning commissions on all applications coming before them as provided in these regulations. The board of county commissioners and the city council must each vote in favor of the proposed action before any changes or modifications are made in the regulations, restrictions or zoning map.
   (d)   Protest. Twenty days after publication of the board of county commissioners’ and city council’s approval, the zoning district classification change shall take effect unless the referendum be invoked, or unless a written protest is filed with the county auditor, signed by at least 40% of the owners of equity in the lots or parcels located within 250 feet from any part of the proposed district. 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. If a protest is filed, the ordinance shall not become effective unless the ordinance is approved by a resolution by two-thirds of the board of county commissioners and two-thirds of the city council.
(1992 Code, App. F, § 20.04)  (Ord. 10-06, passed 1-23-2006)