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Text amendment requests shall be filed with the Zoning Administrator. Requests may be initiated by the Planning and Zoning Board or Board of Commissioners.
(A) Proposed amendment. The proposed amendment shall be presented at a regularly scheduled meeting of the Planning and Zoning Board, at which time the Board may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.
(B) Hearing by the Planning and Zoning Board. The Planning and Zoning Board shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning and Zoning Board shall forward its recommendation to the Board of Commissioners.
(C) Hearing by Board of Commissioners. The Board of Commissioners shall publish legal notice not less than ten days prior to the public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Planning and Zoning Board, the Board of Commissioners shall make a final determination within 30 days from the date of the hearing.
(Ord. passed 2-3-2011, § 2.38.020)
An application for a rezoning shall be filed with the Zoning Administrator. Rezoning requests may be initiated by either the property owner or a designated representative or by an appropriate governmental agency. If by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application.
(A) Appearance. The applicant shall appear before the Planning and Zoning Board to present the application, at which time the Planning and Zoning Board may initiate a study of the request. If in the opinion of the Planning and Zoning Board a study is not required, a public hearing shall be set.
(B) Notification procedure. The applicant shall notify by certified letter, at least ten days in advance of the public hearing, the owners of equity of all property in the city limits within 250 feet, inclusive of streets and alleys, from any part of the property subject to the rezoning, of the date, place, and time of the public hearing. Such notification shall fully set forth a description of the development plan for the property, if any, in the event the rezoning request is approved.
(C) Hearing by the Planning and Zoning Board. The Planning and Zoning Board shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning and Zoning Board shall forward its recommendation to the Board of Commissioners.
(D) Hearing by Board of Commissioners. The Board of Commissioners shall publish legal notice not less than ten days prior to the public hearing. After taking into account all pertinent information and the recommendation of the Planning and Zoning Board, the Board of Commissioners shall make a final determination within 30 days of the date of the hearing.
(Ord. passed 2-3-2011, § 2.38.030)
(A) Approval or denial of any application for a zoning district classification shall be by a majority of all members of the Board of Commissioners. After publication of the Board of Commissioners’ approval as provide for in SDCL § 9-19-7, 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 such proposed district.
(B) 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.
(C) If a protest is filed, the ordinance does not become effective unless the ordinance is approved by a resolution by two-thirds of the Board of Commissioners at its next regularly scheduled meeting. The protest provisions of this section do not apply to any ordinance regulating or establishing floodplain areas.
(Ord. passed 2-3-2011, § 2.38.040)
BOARD OF ADJUSTMENTS
(A) The purpose of the variance is to modify the strict application of the specific requirements set out in each zoning district in conditions where such strict application would result in practical difficulty or unnecessary hardship depriving an owner of the reasonable use of his land.
(B) The variance shall be used only where necessary to overcome some condition which prevents an owner from using his or her lot as this chapter intended.
(Ord. passed 2-3-2011, § 2.40.010)
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