There is created, pursuant to Chapter 11.4 and Chapter 11.6 of the South Dakota Compiled Laws and Amendments thereto, a city planning and zoning commission in and for the city of Huron.

(Ord. 985 (part), 1971).

The city planning and zoning commission shall consist of nine members appointed by the mayor with the approval of a majority of the city commission. The nine members of the planning and zoning commission shall be resident electors of the city. Such members, who shall not hold any elective office in the municipal or county government, shall be qualified by knowledge or experience to act in matters pertaining to the development and administration of a city plan. For the purpose of carrying out any provisions of SDCL 11-6-26 to 11-6-38, inclusive, the governing board may temporarily add as a member to the city planning and zoning commission a resident of the area to be affected by proposed official municipal controls outside the corporate limits of the municipality.

(Ord. 1603 (part), 1990: Ord. 1217 (part), 1976; Ord. 985 (part), 1971).

The mayor with the confirmation of the governing body shall, after a public hearing, have authority to remove any member for cause, which said cause shall be stated in writing and part of the record of such hearing. Nonattendance of three or more of the regularly scheduled meetings in a twelve-month period may be considered cause for removal.

(Ord. 1603 (part), 1990).

The standard term of office of the members of the planning and zoning commission that are resident electors of the city shall be for five years. This standard term process may be altered at such times as the city commission deems it appropriate to allow temporary membership from a resident of land controlled by joint city-county planning and zoning jurisdiction. A vacancy for an unexpired term shall be filled by appointment by the mayor with the approval of a majority vote of the duly elected governing body.

(Ord. 1603 (part), 1990: Ord. 1217 (part), 1976; Ord. 985 (part), 1971).

For the resident elector terms beginning June 1, 1990, one term shall be for one year, two terms shall be for two years, two terms shall be for three years, two terms shall be for four years, and two terms shall be for five years; thereafter the terms shall be the standard term of office.

(Ord. 1603 (part), 1990).

All members of the planning and zoning commission shall serve as such without compensation except for actual expenses, which shall be subject to the approval of the governing body.

(Ord. 985 (part), 1971).

Upon appointment, the planning and zoning commission shall be called together by the mayor and shall organize by choosing a chair and vice-chair. The city planner shall act as secretary of the planning and zoning commission but shall not be a member thereof. Annually in the month of June the planning and zoning commission shall choose its officers for the ensuing year.

(Ord. 1603 (part), 1990: Ord. 1177 (part), 1975: Ord. 985 (part), 1971).

The planning and zoning commission shall hold at least one regular meeting each month, such meetings shall be held at the city hall and shall adopt rules for transaction of its business and keep a record of its resolutions, transactions, findings and determinations which shall be a public record.

(Ord. 985 (part), 1971).

The planning and zoning commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding civil employees of the municipality. The commission may also contract with city planners, engineers, architects and other consultants as well as federal and state agencies for such services as it may require, provided, that contracts between the commission and federal or state agencies shall first be approved and authorized by the governing body.

(Ord. 985, 1971).

All public officials shall, upon request, furnish to the planning and zoning commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the commission shall have all such powers as may be necessary to enable it to fulfill and perform its functions, promote municipal planning or carry out all the purposes of this chapter.

(Ord. 985, 1971).

The expenditures of the planning commission, exclusive of those made from funds received by gift, shall be within the amounts appropriated for the purpose by the local governing body, which shall provide the funds, equipment, and accommodations necessary for the commission's work.

(Ord. 985, 1971).

The governing body of the city may exercise the comprehensive planning and zoning powers granted in this chapter not only within its corporate limits, but also within three miles in all directions of its corporate limits or as designated under Chapter 23.06 and not located in any other municipality; provided, that nothing contained in this chapter shall be construed to amend or repeal any provisions of Chapter 49-41 SDCL.

(Ord. 985, 1971).

The governing body and the duly appointed planning commission operating as the zoning commission as provided in Section 23.02.026 may exercise all zoning powers granted in Chapter 11A SDCL, in the zoning of all land not only within its corporate limits, but also may zone all property within three miles in all directions of its corporate limits not located in any other municipality; provided, however, an ordinance intended to have application beyond the corporate limits of the municipality shall expressly so provide and any such ordinance shall be adopted in accordance with the provisions of Chapter 11-4 SDCL.

(Ord. 985, 1971).

(a)

When the city assumes zoning jurisdiction in an area outside the city limits, the planning and zoning commission of Beadle County shall sit with the city planning and zoning commission on all matters, except as herein provided, pertaining to the planning and the governing regulations of such area. No such zoning powers provided by this chapter shall be effective in any such area unless approved by a two-thirds vote of the members of each of the commissions.

(b)

For all variances, conditional uses, special exceptions and home occupations, the planning and zoning commission of Beadle county shall sit with the planning and zoning commission of the city, and not the hearing examiner, to consider and recommend the appropriate action to the governing bodies.

(Ord. 1635, 1991: Ord. 985, 1971)

The planning and zoning commission shall have all powers heretofore granted to zoning commissions and shall also be the zoning commission of the city. The commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens.

(Ord. 985, 1971).

It shall be a function and duty of the planning and zoning commission to make and adopt a plan for the physical development of the municipality, including any areas outside of the boundary and within its planning jurisdiction which, in the commission's judgment bear relation to the planning of the municipality. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for the physical development and may include, among other things, the general location, character, and extent of streets, bridges, viaducts, parks, parkways, waterways and waterfront developments, play-grounds, airports, and other public ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; a zoning ordinance adopted by the governing body for the regulation of the height, area, bulk, location, and use of private and public structures and premises, and of population density as may be provided by law; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, or terminals; the general location, character layout, and extent of community centers and neighborhood units, and the general character, extent, and layout of the replanning of blighted districts and slum areas. The commission may from time to time amend, extend, or add to the plan or carry any of the subject matter into greater detail with the approval of the governing body.

(Ord. 985, 1971).

In the preparation of the comprehensive plan, the planning and zoning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality and its environs. The plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.

(Ord. 985, 1971).

The planning and zoning commission shall adopt the comprehensive plan as a whole by a single resolution, or, as the work of making the whole comprehensive plan progresses, may from time to time adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.

(Ord. 985, 1971).

Before adoption of the comprehensive plan or part thereof, the planning and zoning commission shall hold at least one public hearing, notice of the time and place of which shall be given at least fifteen days in advance by publication in a newspaper having general circulation in the community.

(Ord. 985, 1971).

The adoption of the plan or any part, amendment or additions, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the planning and zoning commission. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof, by the identifying signature of the chairman and the secretary of the commission, and a copy of the plan or part thereof shall be certified to the governing body.

(Ord. 985, 1971).

Whenever the planning and zoning commission shall have adopted the comprehensive plan for the city or any part thereof, then and thenceforth, no street, park, or other public way, ground, place, space, no public building or structure, no public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof, shall be constructed or authorized in the city or within its subdivision jurisdiction as defined in Section 23.02.050 until and unless the location and extent thereof shall have been submitted to and approved by the planning and zoning commission.

(Ord. 985, 1971).

In case of disapproval of any construction or authorization submitted under Section 23.02.038, the planning and zoning commission shall communicate its reasons to the governing body, and the governing body, by vote of not less than two-thirds of its entire membership, shall have the power to overrule such disapproval and, upon such overruling the governing body or the appropriate board of officers shall have the power to proceed.

(Ord. 985, 1971).

If the public way, ground, place, space, building, structure, or utility referred to in Section 23.02.038 be one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the governing body or official of the city, then the submission of such to the planning and zoning commission shall be by the board or official having such jurisdiction, and the planning and zoning commission's disapproval may be overruled by the board by a vote not less than two-thirds of its entire membership or by the official.

(Ord. 985, 1971).

The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for any street or other public way, ground, place, property, or structure, shall be subject to submission and approval similar to that provided in Sections 23.02.038 to 23.02.042, inclusive, and the failure to approve may be similarly overruled.

(Ord. 985, 1971).

The failure of the planning and zoning commission to act within sixty-five days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by the governing body or other submitting official.

(Ord. 985, 1971).

From and after the time when the planning and zoning commission shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of the making and adoption of a major street plan, the planning and zoning commission may recommend and the governing body is authorized and empowered by ordinance to establish, regulate and limit, and to change and amend, building or setback lines on such streets and to prohibit any new building being located within such building or setback lines. The regulations authorized by this section shall not be adopted, changed or amended until a public hearing has been held thereon.

(Ord. 985, 1971).

From and after the time the planning and zoning commission shall have adopted a comprehensive plan which includes at least a major street plan and shall have filed a certified copy of such major street plan in the office of the register of deeds of the county in which the municipality is located, no plat of a subdivision of land lying within the municipality, or of land within three miles of its corporate limits and not located in any other municipality, shall be filed or recorded until it shall have been submitted to and a report and recommendations thereon made by the commission to the governing body and the governing body has approved the plat.

(Ord. 985, 1971).

In exercising the duties granted to it by this chapter, the planning and zoning commission shall recommend and the governing body shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in Section 23.02.050. Such regulations may provide for the harmonious development of the municipality and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the municipality; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the governing body.

(Ord. 985 (part), 1971).

All development plans inside the city and proposed development areas in the joint jurisdictional area outside the city, shall provide for or accommodate the streets and transportation facilities identified on the MSP that are associated with the development plan. Streets on a project development plan or subdivision plat shall conform to the MSP where applicable. All proposed streets shall be aligned to join with planned or existing streets. All streets shall be designed to bear a logical relationship to the topography of the land. Intersections shall be at right angles unless otherwise approved by the city engineer.

(Ord. 1988, 2005).