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Amendments to this chapter will be handled in the following manner.
(a) The city council may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement or otherwise modify this chapter herein or subsequently established. Any proposed amendment, supplement, or modification shall first be submitted to the planning commission for its recommendations and report. The report shall contain the findings of the planning commission regarding the effect of the proposed amendment, supplement, or modifications upon adjacent property and upon the comprehensive plan of the City of Sioux Falls. If no report is received from the planning commission in 90 days, it may be assumed that the commission has approved the amendment. Whenever a municipality assumes zoning jurisdiction in any area outside the limits of the municipality, the county zoning commission of the county in which the area lies shall sit with the city planning commission on all matters pertaining to the planning and regulation of the area; and no zoning powers provided by this subchapter shall be effective in any area until each of the commissions makes a recommendation to the city council and the board of county commissioners. Each planning commission shall make the recommendation to the city council and county commissioners within 90 days of a request by the city planning commission that the county planning commission sit with them for purposes of zoning in the area outside the city limits of the municipality.
(b) If the ordinance be adopted, the same shall be published and take effect as other ordinances unless the referendum be invoked.
(1992 Code, App. B, § 15.73.030) (Ord. 42-83, passed 6-27-1983; Ord. 5-88, passed 1-18-1988; Ord. 9-13, passed 3-19-2013)
Violations of the ordinance shall be treated in the manner specified below.
(a) The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which the violation shall exist, shall be guilty of a violation of a city ordinance. Each and every day that the violation continues after notification may constitute a separate offense.
(b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the appropriate authorities of the city, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land.
(1992 Code, App. B, § 15.73.050) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent of this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions; however, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of this inconsistency only. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(1992 Code, App. B, § 15.73.070) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
This chapter shall in no manner affect pending actions, either civil or criminal, founded on or growing out of any ordinance or part of any ordinance hereby repealed; this chapter shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any ordinance or part of any ordinance hereby repealed.
(1992 Code, App. B, § 15.73.080) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)