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HomeMy WebLinkAboutOrdinance 27-1988 y� , � r ORDINANCE N0. 27-88 AN ORDINANCE AMENDING ARTICLE VIII . GENERAL PROVISIONS AND ENFORCEMENT ORDINANCE PERTAINING TO A CHANGE OF ZONE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA: I . That Article VIII of the Braakings Zoning Ordinance be and the same is hereby amended to read as follows, to wit: ARTICLE VIII CHANGE OF ZONE Section 800 Amendments 800 . 1 APPLICATION FOR ZONING CHANGE. A proposed change in zone district restrictions or boundaries of the zoning map may be initiated by the City Commission, City Planning Commission or by the owners of propertY within the area requested to be changed. A written application shall be filed with the Citv Zoning Officer requesting a change in zone district classification. Such appli- cation shall be provided by the Zonin3 Officer and be completed in full by the applicant . 800 . 2 APPLICATION REQUIRII�IENTS. All applications must be submitted to the City Zoning Officer on or before the 15th daY of I� a �� the month preceding the regular Planning Commission meeting in which the request is to be heard. 800 .3 FEES. Upon the filing of any application for zoning district classification change with the City Zoning Officer, the applicant shall pay to the City of Brookings the appropriate fee as designated in Chapter 30. 800 .4 PLANNING COMMISSION HEARING. Upon the filing of an application for a request of zoning district classification change with the Zoning Officer accompanied by the deposit in the manner prescribed in Chapter 30, the Zoning Officer shall set a date for public hearing. The date for a public hearing shall be a day when the Planning Commission is regularlY scheduled to meet as deter— mined by the rules, policies and regulations as adopted by the Planning Commission. Public notice for this meeting and changes to be considered shall be given by publishing one week prior to the date of the hearin3, the time and place when and where all persons interested shall be given a full , fair and complete hearing. A. SIGNS. Signs shall be posted on the property for a continuous period of seven days immediately prior to any public hearing held by the Planning Commission to consider any rezoning application. Before any action shall be taken by the Commission, the applicant shall first file with the Commission an affidavit verifying that said signs have been posted. Said signs shall be furnished by the City and posted by the applicant in the numbers and locations prescribed by the Zoning Officer. Said signs shall be removed and returned to the Zoning Officer one day after the public hearing on the rezoning request . 800 .5 PLANNING COMMISSION REPORT. The Planning Commission shall submit to the City Commission a final report containing its recommendations on those applications for zoning district regula— tion or classification changes which it has considered. If no report is received from the Planning Commission in 65 days, it may be assumed that said Commission has approved the amendment . Whenever the proposed change of boundaries or regulations affects an area outside the corporate limits in which the Municipality has assumed zoning �urisdiction, no amendment, supplement, or change in any such area shall be effective unless the County Planning Commission of the county in which such area lies, sits with the City Planning Commission and both such Commissions make a recom— mendation to the City Commission and the Board of County Commis— sioners . 800 . 6 CITY COMMISSION HEARING. The City Commission shall conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provid— ed in this chapter. The City Clerk shall cause to be published one week prior to the date of the adoption of the ordinance, the time and place, when and where all persons interested shall be given a full , fair and complete hearing. A. SIGNS. Notice of such hearing maY also be required to be given bY posting signs on the property. If signs are required by the Zoning Officer, the regulations as set forth in section 800 .4A Will apply. B. HEARING . Upon the day of such public hearing, the City Commission shall review the decisions and recommendations of the Planning Commission of all applications coming before the City Commission as provided in this chapter. The City Commission, in making its determination of such applications, may make changes in the zoning map in accordance with or in rejection or modification of the recommendation of the Planning Commission. C. ACTION AND PROTEST. Approval or denial of any applica— tion for a zoning district classification change shall be bY a ma�ority of the members present and voting of the City Commission. If such ordinance 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 auditor or clerk, signed by at least forty percent of the owners of equity in the lots included in any proposed district and the lands within one hundred fifty feet from any part of such proposed district mea— sured by excluding streets and alleys . A corporation shall be construed to be a sole owner, and when parcels of land are in the name of more than one person, ownership representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners . In the event such a protest be filed, the ordinance shall not become effective as to the proposed district against which the protest has been filed. Such written ; �,� . � , protest shall not be allowed as to any ordinance regulating or establishin3 flood plain areas . 800 .7 CHANGE OF DISTRICT REGULATION. Whenever the owners of fifty (50) per cent or more of the area of the lots in anY dis— trict or part thereof desire any amendment, supplement or change in any of the provisions of this ordinance, applicable to such area, they may file a petition with the Gity of Brookings request— ingr the City Gommissianers to make such amendment, supplement or change . Said petition shall be accompanied by the required maps and schedule under section 800 . 2 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 of the lots therein that are recorded in the office of the Register of Deeds of Brookings County, South Dakota. Said peti— tion shall immediately be transmitted to the City Planning Commis— sion for an investigation and report . 800 .8 REAPPLICATION. Whenever an application to rezone a parcel or parcels of land has been defeated by a written protest as described in Section 800 . 6C, an application to rezone any part of that parcel alone or in combination with any other parcels shall not be resubmitted for one (1) year from the date of the final action of the City Commission. This provision, however, shall not prevent the City Commission from acting on its own initiative in any case or at any time as provided in this section. . ' . �' � � II . All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: December 13 , 1988 SECOND READING: December 20 , 1988 PASSED AND APPROVED: December 20, 1988 ..� , . a Gail Robertson, Mayor OF BROp�� • •�� �G'u+ MAR.9 � � 1883 0 ��� o�} ���s co.s���� �� Ted Kryger, Finance Officer