The regulations, restrictions, areas, and boundaries set forth in this chapter may from time to time be amended, supplemented, revised, or repealed as conditions warrant and as provided by law in SDCL Title 11; no amendment shall become effective unless it shall have been proposed by, or shall have been referred to the Planning Commission for review and recommendation. (Errors or oversights, as may be found in this chapter as originally adopted, shall be corrected under the normal amendment procedure.)
(A) Standards for amendments. The following conditions shall be met for all amendments.
(1) The proposed amendment shall be necessary because of substantially changed or changing conditions of the area and districts affected.
(2) The proposed amendment shall be consistent with the purpose of this chapter and not in conflict with the comprehensive plan for the city.
(3) The proposed amendment shall not adversely affect any other part of this chapter.
(4) No new zoning district shall be created to contain an area of less than two acres. The two acres need not be under common ownership, or a minimum of one acre that adjoins the zone requested.
(B) Amendment procedure. The Common Council, the Planning Commission, or the property owner(s), or his or her agent, filing a written application with the Finance Officer may initiate amendments to this chapter. A request for amendment to this chapter shall follow the general procedures outlined below.
(1) Application. An application shall consist of a petition for a change in this chapter, accompanied by a letter containing the following:
(a) The petitioner’s name and address, and the name and address of every person whom the application represents in the case of a joint interest application. When landowners within a zoning district petition the Common Council for a change of that district, the petition must be signed by 40% of the private landowners in such zoning district;
(b) If the proposed amendment would require a change in the zoning map, a legal description of the property and an illustrative map, plat, or survey shall accompany the application;
(c) A detailed description of the need for the amendment stating, in the case of a proposed re-zoning, the existing and proposed zoning district and the anticipated use or nature of the use to be developed thereon; and
(d) The applicant shall pay the City Finance Officer the appropriate fee for an amendment as designated in § 150.006. These fees shall be utilized to help defray administrative costs of processing the application. Additional costs are required for mailings, which are the applicant’s responsibility.
(2) Time limit. The Planning Commission shall consider the proposed amendment and make its recommendation to the Common Council within 45 days of receipt of the application. The Planning Commission shall take into account the testimony of the applicant, a site inspection of the property in question (for a re-zoning request), and the recommendations from other official bodies and the standards provided above.
(3) Public hearing. The Common Council shall hold a public hearing on the proposed amendment and shall give ten days’ notice of such hearing by publication in a legally designated paper. If the proposed amendment is for re-zoning, the petitioner shall notify all landowners by certified letter within 200 feet of the outside boundaries of the area as to the re-zoning request and the hearing date.
(4) Common Council action. The Common Council may vote to approve or deny the amendment, or it may refer it back to the Planning Commission for further study or other action, as it may deem necessary. If the Common Council denies an amendment, the reason for denial shall be stated in writing and sent to the applicant. An applicant may not initiate another request for the same re-zoning on the same property within 12 months from the date of the last action by the Common Council.
(Prior Code, § 152.080)