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(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)
No application requesting a zoning district classification change on any property whose application includes any property either entirely or substantially the same as that which has been denied by the board of the county commissioners and city council, shall again be considered by the planning commissions before the expiration of six months from the date of the final action of the board of county commissioners and city council.
(1992 Code, App. F, § 20.05) (Ord. 10-06, passed 1-23-2006)
ZONING BOARD OF ADJUSTMENT
The zoning board of adjustment shall consist of the planning commissions of Lincoln County and Sioux Falls. The board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances and hear appeals to the terms of these regulations in harmony with the general purpose and intent and in accordance with general and specific rules herein contained.
(1992 Code, App. F, § 21.01) (Ord. 10-06, passed 1-23-2006)
(a) The board shall meet at the regularly scheduled joint meetings of the county and city planning commissions. Special meetings may be held at the call of the chairpersons. All meetings of the board shall be open to the public and all business coming before the board shall be transacted at the meetings.
(b) The board shall keep minutes of its proceedings, records of examinations and other official actions, all of which shall be filed in the county planning department and shall be a public record.
(1992 Code, App. F, § 21.02) (Ord. 10-06, passed 1-23-2006)
The zoning board of adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case that all of the following conditions are present:
(a) The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(b) The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use;
(c) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located;
(d) The proposed variance will not unreasonably impair: an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area;
(e) That because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(f) The variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations;
(g) The board shall hear and make determinations on variance to exceed the height limits as established by these regulations; and
(h) The board of adjustment, under its authority to grant variances may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.
(1992 Code, App. F, § 21.04) (Ord. 10-06, passed 1-23-2006)
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