Pursuant to SDCL 11-4, Section 17.08.040(E) of this code is repealed and all zoning ordinances shall only be adopted or renewed by procedures set by codified law or ordinance. (Ord. 803, 2018)

   The definitions set forth in SDCL 11-6-1 shall be applicable to Title 17 of the Custer City Municipal Code. (Ord. 803, 2018)

   The purpose of this section shall be to provide a process and procedure for review of requests for a new zoning ordinance, a change to the current official zoning ordinances or a change to the official zoning map of the City of Custer City. Adoption of a zoning ordinance shall be completed by the City Council with recommendation from the Planning Commission. (Ord. 803, 2018)

   A.   Applications: any person, firm, or corporation may apply for a change or amendment to the zoning by completing an application provided by the city and returned to the Planning Administrator. The completed application shall illustrate:

   1.   The current zoning district in which the property is currently located.

   2.   The current and proposed use of the area included in the proposed zoning.

   3.   The current zoning and use of the land directly adjacent to and contiguous to the area included in the application.

   B.   Fees: Upon filing any application for a change or amendment to the zoning of the city, the applicant shall pay Custer City the appropriate fee(s) as set forth by the fee schedule adopted annually by resolution. (Ord. 803, 2018)

   The following shall be the procedures used after the application and the required fees have been submitted to the Planning Administrator:

   A.   The Planning Administrator shall review the completed zoning application and determine if approval of the application would be contrary to the intent of the zoning of the City of Custer or negatively affect the continuity of the official zoning map of the city. Additionally, any application not containing and/or addressing all the information required in Section 17.44.020(A), shall be rejected, and returned to the applicant, along with the fees and the reasons for rejection.

   B.   If the Planning Administrator finds the application complies with the application requirements, the Planning Administrator shall present the application to the Planning Commission in a public hearing at the next available scheduled meeting in coordination with the appropriate public notifications. The Planning Administrator shall also present a report indicating the Planning Administrator’s recommendation concerning the approval of the application. At the public hearing, any interested person shall be given a full, fair, and complete opportunity to be heard.

   1.   Notice of the Planning Commission public hearing shall be given by sign, mail, and newspaper.

   a.   Sign: A sign will be furnished by the Planning Administrator and posted by the Planning Administrator. The sign must be posted in plain public view at the property where the zoning application is requested and must be posted no less than ten (10) days prior to the date of the Planning Commission meeting and must remain posted until final action by the City Council is completed. The sign shall comply with SDCL 11-4-4.4.

   b.   Mail: A minimum of ten (10) days prior to the public hearing, the applicant shall notify, by mail, all property owners within two hundred and fifty (250) feet from the property boundary line of the property being considered for zoning or rezoning. Any adjacent property under the applicant’s ownership shall not be considered for measurement of such area, and in such situation, the measurement shall begin at the next contiguous property boundary line. Mail notification shall be given by use of a “Notice of Hearing” form established by the Planning Administrator and shall be sent by First Class Mail.

   c.   Newspaper: The Planning Administrator will publish legal notice in the local newspaper at least ten (10) days prior to the City Council meeting.

   C.   After reviewing the application, the Planning Commission shall make recommendations to the City Council to approve or deny the application.

   D.   Following the Planning Commission meeting, City Council shall review the zoning application in a public hearing at the next available scheduled meeting in coordination with the appropriate public notifications. At the public hearing, any interested person shall be given a full, fair, and complete opportunity to be heard.

   1.   After recommendation is made by the Planning Commission, notice of the City Council public hearing shall be given by sign, mail, and newspaper.

   a.   Sign: A sign will be furnished by the Planning Administrator and posted by the Planning Administrator. The sign must be posted in plain public view at the property where the zoning application is requested and must be posted no less than ten (10) days prior to the date of the City Council meeting and must remain posted until final action by the City Council is completed. The sign shall comply with SDCL 11-4-4.4.

   b.   Mail: A minimum of ten (10) days prior to the public hearing, the Planning Administration shall notify, by mail, all property owners within two hundred fifty (250) feet, from the property boundary line of the property being considered for zoning or rezoning. Any adjacent property under the applicant’s ownership shall not be considered for measurement of such area, and in such situation, the measurement shall begin at the next contiguous property boundary line. Mail notification shall be given by use of a “Notice of Hearing” form established by the Planning Administrator and shall be sent by first class mail.

   c.   Newspaper: The Planning Administrator will publish legal notice in the local newspaper at least ten (10) days prior to the City Council meeting.

   E.   The City Council shall issue its decision after consideration of review criteria set forth in Section 17.43.060 of this code, Planning Administrator recommendation, Planning Commission recommendation, and all public input. (Ord. 849, 2021: Ord. 803, 2018)

   Generally, the approval of any zoning ordinance shall be in harmony with the general purposes and intent of the zoning ordinance and official zoning map. The following are considerations the City Council and Planning Commission may use in determining the approval or denial of a zoning ordinance:

   A.   The following conditions shall be met for all ordinances involving the rezoning of a currently zoned property or properties.

   1.   The zoning amendment shall be necessary because of substantially changed or changing conditions of the area.

   2.   The proposed amendment shall not adversely affect any other part of the city, nor shall any direct or indirect adverse effect result from the amendment.

   3.   The proposed amendment shall be consistent with any large development plans in the area being zoned as well as not in conflict with the comprehensive plan of the city.

   B.   The proposed zoning ordinance shall be consistent with the intent of the zoning ordinances of the city.

   C.   The proposed zoning ordinance shall be consistent with the official zoning map of the city and refrain from creating discontinuity with the official zoning map. (Ord. 803, 2018)

   Any protests to a proposed zoning ordinance shall follow the following guidelines:

   A.   Any written protests to a proposed ordinance must be filed with the Finance Officer and it must be signed by at least forty (40) percent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty (250) feet from any part of the proposed district. Any written protest must be filed before the date the ordinance becomes effective pursuant to SDCL 9-19-7.

   B.   For purposes of determining who is an owner of equity for a written protest, a corporation is construed to be a sole owner, and if parcels of land are in the name of more than one (1) person, ownership representation is in proportion to the number of signers who join in the petition in relation to the number of owners.

   C.   If a written protest has been filed correctly, the ordinance does not become effective unless the ordinance is approved by two-thirds of the City Council.

   D.   The protest provisions of this section do not apply to any ordinance regulating or establishing flood plain areas. (Ord. 803, 2018)