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(a) Date. Upon the filing of an application for a future land use plan amendment, the department of planning and building services shall set a date for public hearing on the request.
(b) Day. The date for the public hearing shall be a day when the planning commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on those requests, or the planning commission may designate a special meeting at which to hear a requested comprehensive plan or future land use plan amendment.
(c) Public notice.
A. Applicants requesting future land use plan amendments on parcels between 20 acres and 640 acres shall post signs ten days immediately prior to the public hearing.
B. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director.
C. Before any action shall be taken by the planning commission, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the proper location before the time specified by this section.
(2) Written notice. Written notice shall be sent by the city to adjacent property owners within 300 feet, measured from lot line to lot line. The letters shall be postmarked at least ten business days prior to the hearing and state the date, time and location of the public hearing.
(3) Publication. The public hearing, date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper of the community. After conducting the public hearing, the city planning commission shall submit its recommendation to the city council.
(4) Failure to provide notice. Failure to provide actual notice to each person so entitled shall not render any proceeding hereunder invalid, provided that the applicant or the city substantially complies with the requisite published legal newspaper notice, public notice and hearing requirements of this subchapter.
(d) Hearing. Upon the day of the public hearing, the planning commission shall review the decisions and recommendations of the planning staff of all applications coming before the planning commission as provided in this subchapter. The planning commission, in making its determination of the applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning staff.
(e) Action and protest. Approval or denial of any application for a comprehensive plan or future land use plan amendment shall be by a majority of members present.
(f) Planning commission report. The planning commission shall submit to the city council a final report containing its recommendations on those applications for amendments which were considered.
(g) Planning commission standards for approval. The future land use map amendment shall be required when the director of planning and building services determines that the policies of Chapter 3—Shape Neighborhoods within the Shape Sioux Falls 2035 Comprehensive Plan are not being met.
(1992 Code, App. B, § 15.60.040) (Ord. 42-83, passed 6-27-1983; Ord. 06-06, passed 1-3-2006; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)