A. An owner wishing to enter into a development lot agreement shall submit the following to the City of Spearfish:
1. A completed development lot agreement application form.
2. A copy of the deeds for all lots pertaining to the agreement.
3. An exhibit depicting the existing structures, proposed improvements, and easements on the lots to be affected by the development agreement. This exhibit shall illustrate that all easements and the terms of the zoning ordinance can be satisfied.
4. A filing fee as established in the fee schedule adopted by resolution by the City Council.
B. Upon satisfactory completion of the requirements in 4.1A, the City of Spearfish and the owner shall sign the development lot agreement, and the City of Spearfish shall file such agreement with the Lawrence County Register of Deeds prior to the issuance of a building permit (if permit is required).
C. All properties with existing accessory uses and/or structures located on adjacent lots to the main use as of January 27, 2011, are hereby considered to be legal non-conforming, and may continue in use without being required to enter into a development lot agreement. All future accessory uses/structures shall be required to submit according to the provisions of 4.1A and 4.1B.
D. Owners that wish to release a development lot agreement shall do so by completing the Development Lot Agreement Application Form for Zoning Administrator approval, and shall demonstrate they meet the following criteria, where applicable:
1. All accessory structures and uses that were permitted by the development lot agreement no longer exist.
2. A building permit for the main/primary permitted use is issued for a lot having an accessory use/structure affected by the development lot agreement.
E. Upon approval, the Zoning Administrator shall then file a Release of Development Lot Agreement with the Lawrence County Register of Deeds.
(Ord. No. 1129, 1-3-11; Ord. No. 1195, 7-7-14)