The regulations imposed, and the districts created, under this section may be amended, supplemented or repealed by ordinance, but no such amendment shall be made without public notice and without a public hearing, at which, parties in interest and citizens shall have an opportunity to be heard.
(A) Procedure; application. An application requesting to amend the zoning ordinance or requesting a change of zone needs to be filed by the property owner. The application will be furnished by the Zoning Administrator. The application needs to be submitted to the Zoning Administrator prior to any fees being collected, any consent forms given to the applicant, or any meetings with the Planning and Zoning Commission and City Council being scheduled.
(B) Fees. Upon the filing of any completed application to amend the zoning ordinance or requesting a change of zone with the Zoning Administrator, the applicant shall pay to the city the appropriate fee as designated by resolution of the Vermillion City Council.
(C) Review and public hearing procedure.
(1) Prior to the consideration of any ordinance proposing changes in the zoning ordinance, there shall first be filed, with the Finance Officer, the written consent of the owners of 45% of the aggregate area having the right of protest against such proposed ordinance, if adopted, as would be determined by SDCL § 11-4-5. Unanimous ownership consent for a parcel or lot to be included in the 45% aggregate area is required.
(2) All of the written consent forms shall be returned, dated and signed, to the city no later than 180 days after change of zone application is initially submitted. Extensions to the 180 days will not be given. If the 180 days expires, the applicant may request new forms from the Zoning Administrator. These new forms will need to be completed within 180 days of delivery to applicant. Delivery may be through mail or electronic correspondence, or in-person delivery.
(3) At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper of the city, the notice to contain a brief statement describing the proposed amendment. If the proposed amendment will change the boundaries of a zoning district, the Zoning Administrator shall post a sign on the property included in the application for a continuous period of 10 days immediately prior to the public hearing and shall notify all owners of property within 250 feet of the proposed boundary change by mail. The mailed notice shall be postmarked 10 business days prior to the hearing and state the date, time and location of the public hearing.
(D) Proposed changes initiated by the city, or for properties within one year after annexation, shall be exempt from the provisions of this section.
(E) No application requesting a change of zone for any property whose application includes any such property, either entirely or substantially the same, as that which has been denied by the City Council, shall again need to be considered by the Planning & Zoning Commission before the expiration of six months from the date of the final action of the City Council.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1267, passed 12-19-2011; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1510, passed 3-4-2024)