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(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)
The planning commission and city council shall consider the following criteria in their review of zoning change requests. Proposed zoning change amendments that satisfy all of the criteria may be approved.
(a) The requested zoning change is justified by a change in conditions since the previous zoning classification was established or by an error in the zoning map.
(b) The city and other agencies will be able to provide necessary public services, facilities, and programs to serve the development allowed by the new zoning classification at the time the property is developed.
(c) The proposed amendment is consistent with the purpose of this Land Development Code, the adopted Shape Sioux Falls 2035 Comprehensive Plan and other adopted policies of the city.
(d) No proposed amendment shall be allowed that is a spot zoning. Spot zoning is a rezoning of a lot or parcel to benefit an owner for a use that is incompatible with surrounding land uses and that does not further the Shape Sioux Falls 2035 Comprehensive Plan. Spot zoning does not necessarily occur when there is an isolated parcel that is zoned differently than the adjacent zoning. Spot zoning occurs only when all of the following situations occur:
(1) A small parcel of land is singled out for special and privileged treatment.
(2) The singling out is not in the public interest but only for the benefit of the land owner.
(3) The action is not in accord with the Shape Sioux Falls 2035 Comprehensive Plan.
(Ord. 9-13, passed 3-19-2013)
Upon the filing of an application for a request of zoning district classification change with the department of planning accompanied by the deposit to defray the cost in the manner prescribed in §§ 160.745 through 160.760, the department of planning shall set a date for public hearing on the requested change of district classification. The date for a public hearing shall be a day when the planning commission is regularly scheduled to hear zoning district classification change requests 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 the requests; or the planning commission may designate a special meeting at which to hear a requested change of district classification.
(a) Public notice.
(1) Signs.
A. Signs shall be posted on the property for a continuous period of ten days immediately prior to any public hearing held by the planning commission or city council to consider any rezoning application.
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. Letters 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 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.
(b) 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.
(c) Action and protest. Approval or denial of any application for a zoning district classification change shall be by a majority of members present.
(d) Planning commission report. The planning commission shall submit to the city council a final report containing its recommendations on those applications for zoning district classification changes which it has considered and all other amendments to this subchapter. If no report is received from the planning commission in 65 days, it may be assumed that the commission has approved the amendment. Whenever the proposed change of boundaries or regulations affects the area outside the city limits of the city, no amendment, supplement or change in any area shall be effective unless the county planning commission of the county in which the area lies shall sit with the city planning commission and both the commissions make a recommendation to the city council and the board of county commissioners.
(1992 Code, App. B, § 15.61.030) (Ord. 42-83, passed 6-27-1983; Ord. 95-95, passed 7-3-1995; Ord. 18-96, passed 2-5-1996; Ord. 120-01, passed 12-10-2001; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)
The city council shall conduct a public hearing to act on all zoning district classification change applications which have been processed and forwarded to them for public hearing as provided in this subchapter. After the planning commission hearing, the department of planning shall set a date for public hearing on the requested change of district classification. The date for a public hearing shall be a day when the city council is regularly scheduled to hear zoning district classification change requests as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by city council for holding public hearings on the requests; or city council may designate a special meeting at which to hear a requested change of district classification.
(a) Public notice.
(1) Signs.
A. Signs shall be posted on the property for a continuous period of ten days immediately prior to any public hearing held by the city council to consider any rezoning application.
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 the zoning map 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 zoning district classification shall be by a majority of members present. Twenty days after publication of the city council’s approval, the zoning district classification change shall take effect unless the referendum be invoked, or unless a written protest be filed with the city clerk, signed by at least 40% of the owners of equity in the lots included in any proposed district and the lands 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, owner 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 does not become effective unless the ordinance is approved by a resolution by six members of the city council at its next regularly scheduled meeting. The protest provisions of this section do not apply to any ordinance regulating or establishing floodplain areas.
(1992 Code, App. B, § 15.61.040) (Ord. 42-83, passed 6-27-1983; Ord. 55-97, passed 8-4-1997; Ord. 67-98, passed 7-6-1998; Ord. 18-11, passed 4-4-2011; Ord. 9-13, passed 3-19-2013)
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 city council shall again be considered by the planning commission before the expiration of six months from the date of the final action of the city council.
(1992 Code, App. B, § 15.61.050) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
ADMINISTRATIVE MODIFICATION OF REQUIRED YARDS AND BUFFER YARD BERMS
The city council has authorized the director of planning and development services to grant minor modification of the setback and landscaping regulations of any form based upon the following standards. Minor modifications are intended to allow very narrow changes that do not change the performance of the required yards or required buffer yard berms.
(a) Types. The following types of modifications are allowed.
(1) The modification is a maximum of 10% or less than 1 foot whichever is less of the setback requirement.
(2) Buffer yard berms may be reduced or eliminated if differences in topography of the adjacent sites perform the same as the required berm would.
(3) Allow required landscape units to be placed outside the required yard if located within a drainage, electrical, or gas easement.
(b) Standards. The following standards must be reached before approving a modification.
(1) The applicant must justify the extenuating circumstances and show good cause for the modification.
(2) The modification does not alter significantly the intent of the zoning ordinance regulations.
(Ord. 9-13, passed 3-19-2013; Ord. 37-19, passed 4-2-2019)
BOARD OF ADJUSTMENT
There is hereby established a board of adjustment which may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances, hear appeals or make special exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with the general or specific rules herein contained.
(1992 Code, App. B, § 15.63.010) (Ord. 42-83, passed 6-27-1983; Ord. 43-86, passed 5-19-1986; Ord. 9-13, passed 3-19-2013)
Cross-reference:
Administration, see title III
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