The purpose of this chapter is to provide a means for amending the text of this title and the official zoning district map. It is not intended to relieve particular hardships or confer special privileges or rights on any person.

(Ord. 831 § 11.1, 1992)

Any amendment to this title or the zoning district map must be made in the same manner and upon the same notice as required for the adoption of any city ordinance.

(Ord. 831 § 11.2, 1992)

In reviewing an amendment to the text of this title or an amendment to the official zoning district map, the city commission and planning and zoning commission shall consider:

1. Whether the proposed amendment is in conflict with any applicable portions of this title.
2. Whether the proposed amendment is consistent with all elements of the comprehensive plan.
3. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics.
4. The effect of the proposed amendment on traffic generation and road safety.
5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities.
6. Whether the proposed amendment is consistent and compatible with the community character in the city.
7. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood, which support the proposed amendment.
8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title.
9. No proposed amendment shall be allowed that is a spot zoning. Spot zoning is a rezoning of a lot or parcel to benefit an owner for a use that is incompatible with surrounding land uses and that does not further Deadwood’s Comprehensive Plan. Spot zoning does not necessarily occur when there is an isolated parcel that is zoned differently than the adjacent zoning. Spot zoning occurs only when all of the following situations occur: (1) The Planning and Zoning Commission finds a small parcel of land is singled out for special and privileged treatment. (2) The Planning and Zoning Commission finds the property singled out for special and priveledged treatment is not in the public interest but only for the benefit of the landowner. (3) The action is not in accord with the Deadwood’s Comprehensive Plan.

(Ord. 900 (part), 1995; Ord. 831 § 11.3, 1992)

The application for amendment to the text of this title or amendment to the official zoning district map shall include:

1. If the application requests an amendment to the text of this title, the precise wording of any proposed amendment.
2. If the application requests an amendment to the official zoning district map:
   1. The present zone district classification and existing land uses of the real property proposed to be amended;
   2. The area of the property proposed to be amended, stated in square feet or acres, or a major fraction thereof; and
   3. An accurate survey map of the real property proposed for amendment.

(Ord. 831 §11.4, 1992)