§ 160.632 FILING FEE.

   Upon the filing of any application for an amendment with the department of planning and building services, the applicant shall pay to the city the appropriate fee as designated in §§ 160.745 through 160.760.

(1992 Code, App. B, § 15.60.030) (Ord. 42-83, passed 6-27-1983; Ord. 06-06, passed 1-3-2006; Ord. 9-13, passed 3-19-2013)

§ 160.633 PLANNING COMMISSION HEARINGS.

   (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.

      (1)   Signs.

         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)

§ 160.634 CITY COUNCIL HEARING.

   The city council shall conduct a public hearing to act on all comprehensive plan or future land use plan amendments applications which have been processed and forwarded to them for public hearing as provided in this subchapter.

   (a)   Public notice.

      (1)   Signs.

         A.   Applicants requesting future land use plan amendments on parcels between 20 acres and 640 acres shall post signs ten days 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 city council, 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)   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.

   (b)   Hearing. Upon the day of the public hearing, the city council shall review the decisions and recommendations of the planning commission of all applications coming before the city council as provided in this subchapter. The city council, in making its determination of the applications, may make changes in accordance with or in rejection or modification of the recommendation of the planning commission.

   (c)   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. Any person or persons, jointly or severally, aggrieved by any decision of the city council, or any taxpayer, or any officer, department or board of the city, may make application with the circuit court for appropriate writ not later than 30 days after the filing of the decision. Twenty days after publication of the city council’s approval, the amendment shall take effect

(1992 Code, App. B, § 15.60.050) (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)

§ 160.635 REAPPLICATION.

   No applicant requesting a comprehensive plan or future land use plan amendment whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the planning commission or city council shall be again considered by the planning commission before the expiration date of six months from the date of the final action on the petition.

(1992 Code, App. B, § 15.60.060) (Ord. 42-83, passed 6-27-1983; Ord. 06-06, passed 1-3-2006; Ord. 9-13, passed 3-19-2013)

CHANGE OF ZONE

§ 160.650 APPLICATION TO CITY OR BY CITY FOR ZONING DISTRICT CHANGE.

   (a)   Any person, firm, or corporation desiring a change in regulations, restriction, or boundaries of the zoning map shall make application for that change to the planning commission. Written application shall be filed with the department of planning and building services of the city, requesting a change in the zoning district classification.

   (b)   The application shall be provided by the planning department and be completed in full by the applicant. The application shall include a legal description or zoning exhibit to legally describe the property within the application.

   (c)   The applicant shall ensure that the property owner(s) within the area desiring a zoning district change has been notified. Notification may include signatures on the application or letters sent to the owner(s). The applicant shall provide evidence of the notification at the time of the application.

   (d)   The city council may from time to time on its own motion, after public notice and hearing, and after a report by the planning commission, amend, supplement or change the boundaries or regulations herein or subsequently established.

   (e)   In conjunction with a change of zoning classification, a developer or city council may include certain conditions that shall guide the development of the zoning district. Conditions may only be amended by a subsequent change of zoning. Types of situations where conditions are eligible include:

      (1)   Limitations in certain uses typically eligible within a zoning district.

      (2)   Additional transitional requirements for the zoning district to transition to an adjacent zoning district by conditioning the approval of an alternative site plan.

   (f)   Any transitional conditions issued by the city council shall be in written form and with enough detail to provide the applicant with enough guidance to develop and build the site transitions. All conditions shall be included in the approval letter sent by the planning office to the applicant.

(1992 Code, App. B, § 15.61.010) (Ord. 42-83, passed 6-27-1983; Ord. 50-09, passed 6-1-2009; Ord. 9-13, passed 3-19-2013)

§ 160.651 FEES.

   Upon the filing of any application for a zoning district classification change with the department of planning and building services and the city, the applicant shall pay to the city the appropriate fee as designated in §§ 160.745 through 160.760.

(1992 Code, App. B, § 15.61.020) (Ord. 42-83, passed 6-27-1983; Ord. 120-01, passed 12-10-2001; Ord. 9-13, passed 3-19-2013)