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(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)