(a)

This chapter, including regulations, restrictions and boundaries, may from time to time be amended, supplemented, changed, modified, or repealed, provided that such modification or repeal shall in each instance be proposed in an ordinance presented to the city council for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance.

(1)

No such amendment, supplement or change shall become effective unless it shall have been proposed by, or shall first have been submitted to, the planning and zoning commission for review and recommendation.

(2)

The planning and zoning commission shall make a preliminary report, and hold public hearings thereon before submitting its final report, and the city council shall not hold its public hearings or take action until the planning and zoning commission has filed its final recommendations approving, disapproving, or modifying the proposed amendment, supplement or change with the city council.

(3)

The failure of the planning and zoning commission to act within 65 days from and after the date of official submission to it shall be deemed approval of the proposed amendment, supplement or change, unless a longer period be granted by the city council.

(4)

A public hearing shall be held by the city council before adoption of any proposed amendment.

(b)

The city finance officer shall cause to be published, in the manner required by law, notice of the hearing time and place such amendment will be brought up for adoption.

(Code 2011, § 60-286; Ord. No. 1164, § 1401, 5-20-1968; Ord. No. 22-04-01, § 1, 5-25-2022)

State Law reference— Changes in regulations, SDCL 11-4-8.

Except for amendments proposed by the city council, the planning and zoning commission, or the planning and zoning department, persons requesting a proposed amendment, supplement, or change be introduced to the city council and considered by the planning and zoning commission shall comply with the following:

(1)

Whenever the owners of not less than 60 percent of the area of the lots in any district or part thereof desire any amendment, supplement, or change in any of the provisions of this chapter applicable to such area, they may file a petition with the city finance officer requesting the city council to make such amendment, supplement or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement, or change, together with the boundaries of the said area and the names and addresses of all the owners on record in the office of the county recorder of the county of lots therein and within a distance of 250 feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the planning and zoning commission for an investigation and report. The city council shall file its recommendations approving, disapproving or modifying the proposed amendment, supplement, or change with the city council within 65 days thereafter.

(2)

At the time a petition for any amendment, supplement or change to this chapter is filed with the city council, there shall be deposited with the city finance officer the nonrefundable sums provided in the city fee schedule on file in the office of the finance officer as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter.

(3)

An application for a change of district to section 60-57, C-2 highway commercial district, or section 60-58, C-3 central business district, shall contain a minimum area of two acres.

(4)

An application for a change of district to an industrial district shall contain a minimum area of five acres. The area, should more than one parcel of land be involved, shall be contiguous exclusive of any street or easements.

(5)

The requirements in subsections (3) and (4) of this section shall not apply in the case of an extension of a commercial or industrial district.

(6)

A person presenting a petition for an amendment, supplement or change to this chapter shall not be entitled to have such amendment acted upon by the city council unless and until the city council has certified that such amendment is consistent with the principles, objectives, and policies of the land use plan of the city.

(7)

Whenever a petition requesting an amendment, supplement, or change of any regulation prescribed by this chapter has been denied by the city council such petition shall not be renewed for one year thereafter unless it be signed by at least 50 percent of the property owners who previously objected to the change; this provision, however, shall not prevent the city council from acting on its own initiative in any case or at any time as provided in this article.

(Code 2011, § 60-287; Ord. No. 1164, § 1402, 5-20-1968; Ord. No. 1994, 6-25-1991; Ord. No. 95-10-01, 10-31-1995; Ord. No. 22-04-01, § 1, 5-25-2022)

If such amendment be adopted, the same shall be published and take effect as other ordinances unless the referendum be invoked, or unless a written protest be filed with the city finance officer and presented to the city council, signed by the owners of at least 40 percent of the aggregate area of the lots included in any proposed district and the lots or parts of lots within 250 feet from any part of such proposed district. If a protest is filed, the amendment does not become effective unless approved upon reconsideration by a two-thirds vote of the total membership of the city council. The protest provisions of this section shall not apply to any amendment regulating or establishing flood plain areas.

(Code 2011, § 60-288; Ord. No. 1164, § 1403, 5-20-1968; Ord. No. 22-04-01, § 1, 5-25-2022)

State Law reference— Similar provisions, SDCL 11-4-5, 11-4-10.