La Valley Township City Zoning Code

CHANGE OF

ZONE

§ 154.400 APPLICATION TO COUNTY OR BY COUNTY FOR ZONING CHANGE.

(A) Any person, firm, or corporation desiring a change in regulations, restrictions, or boundaries of the zoning map of any property from one zoning district classification to another zoning district classification under this chapter shall make application for such change with the Office of Planning and Zoning. Such application form shall be provided by the Office and be completed in full by the applicant.

(B) The Board of County Commissioners may, from time to time, on its own motion, after public notice and hearing, and after a recommendation by the Planning Commission amend, supplement, or change the boundaries or regulations herein or subsequently established.

(Ord. 0904-05, passed 5-20-2009)

§ 154.401 FEES.

Upon the filing of any application for a zoning district classification change with the Office of Planning and Zoning, the applicant shall pay to the county the appropriate fee as designated in §§ 154.470 through 154.478.

(Ord. 0904-05, passed 5-20-2009)

§ 154.402 PLANNING COMMISSION HEARING.

Upon the filing of an application and payment of the fee, the Office of Planning and Zoning shall set a date for at least one public hearing at which time the Planning Commission will consider such requests for a change in zoning district classification. The date for a public hearing shall be a day when the Planning Commission is regularly scheduled to meet.

(A) Legal notice. The Planning Director shall cause to be published a legal notice as required in SDCL § 11-2-29. The County Auditor shall also provide a copy of the notice to the County Auditor in the abutting county at least ten days before the hearing.

(B) Signs. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.

(C) Planning Commission recommendation. The Planning Commission shall consider all applications for zoning district classification changes and make a recommendation to the Board of County Commissioners.

(Ord. 0904-05, passed 5-20-2009)

§ 154.403 BOARD HEARING.

The Board of County Commissioners shall conduct a public hearing on all applications which have been forwarded to them from the Planning Commission.

(A) Legal notice. The Board shall cause to be published a legal notice as required in SDCL § 11-2-19.

(B) Signs. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.

(C) Hearing. Upon the day of such public hearing, the Board shall review the decisions and recommendations of the Planning Commission on all applications. The Board, in making its determination on such applications, may make changes in the zoning map in accordance with or in rejection or modification of the recommendations of the Planning Commission.

(Ord. 0904-05, passed 5-20-2009)

§ 154.404 REAPPLICATION.

No application requesting a zoning district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board shall again be considered by the Planning Commission before the expiration of six months from the date of the final action of the Board.

(Ord. 0904-05, passed 5-20-2009)

La Valley Township City Zoning Code

CHANGE OF

ZONE

§ 154.400 APPLICATION TO COUNTY OR BY COUNTY FOR ZONING CHANGE.

(A) Any person, firm, or corporation desiring a change in regulations, restrictions, or boundaries of the zoning map of any property from one zoning district classification to another zoning district classification under this chapter shall make application for such change with the Office of Planning and Zoning. Such application form shall be provided by the Office and be completed in full by the applicant.

(B) The Board of County Commissioners may, from time to time, on its own motion, after public notice and hearing, and after a recommendation by the Planning Commission amend, supplement, or change the boundaries or regulations herein or subsequently established.

(Ord. 0904-05, passed 5-20-2009)

§ 154.401 FEES.

Upon the filing of any application for a zoning district classification change with the Office of Planning and Zoning, the applicant shall pay to the county the appropriate fee as designated in §§ 154.470 through 154.478.

(Ord. 0904-05, passed 5-20-2009)

§ 154.402 PLANNING COMMISSION HEARING.

Upon the filing of an application and payment of the fee, the Office of Planning and Zoning shall set a date for at least one public hearing at which time the Planning Commission will consider such requests for a change in zoning district classification. The date for a public hearing shall be a day when the Planning Commission is regularly scheduled to meet.

(A) Legal notice. The Planning Director shall cause to be published a legal notice as required in SDCL § 11-2-29. The County Auditor shall also provide a copy of the notice to the County Auditor in the abutting county at least ten days before the hearing.

(B) Signs. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.

(C) Planning Commission recommendation. The Planning Commission shall consider all applications for zoning district classification changes and make a recommendation to the Board of County Commissioners.

(Ord. 0904-05, passed 5-20-2009)

§ 154.403 BOARD HEARING.

The Board of County Commissioners shall conduct a public hearing on all applications which have been forwarded to them from the Planning Commission.

(A) Legal notice. The Board shall cause to be published a legal notice as required in SDCL § 11-2-19.

(B) Signs. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.

(C) Hearing. Upon the day of such public hearing, the Board shall review the decisions and recommendations of the Planning Commission on all applications. The Board, in making its determination on such applications, may make changes in the zoning map in accordance with or in rejection or modification of the recommendations of the Planning Commission.

(Ord. 0904-05, passed 5-20-2009)

§ 154.404 REAPPLICATION.

No application requesting a zoning district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board shall again be considered by the Planning Commission before the expiration of six months from the date of the final action of the Board.

(Ord. 0904-05, passed 5-20-2009)