ALP

*Cross references—Administration, ch. 2; building, ch. 11; health and sanitation, ch. 19; historic preservation, ch. 19½; housing, ch. 21; mobile homes, ch. 24; parks and recreation, ch. 27; plumbing, ch. 33; signs and outdoor advertising, ch. 37; streets and sidewalks, ch. 38; utilities, ch. 41; floodplain management ordinance, ch. 45; subdivision ordinance, app. A; zoning ordinance, app. B; extraterritorial zoning regulations, app. C.

ARTICLE I. IN GENERAL

Sec. 32-1. Ordinances saved from repeal.

Nothing contained in this Code or in the ordinance adopting this Code shall be construed to repeal or otherwise affect in any manner:

(3) Any ordinance dedicating, accepting or vacating any plat or subdivision in the city or any part thereof.

Sec. 32-2. Planning agency designated.

Pursuant to the Sioux Falls City Charter, section 4.04, the city department of planning and building services is hereby designated as the planning agency.

Secs. 32-3--32-16. Reserved.

ARTICLE II. PLANNING COMMISSION*

Sec. 32-17. Created.

There is hereby created a city planning commission for the city and for land within three miles of its corporate limits and not located within any other municipality.

Sec. 32-18. Composition.

The city planning commission shall consist of nine members,qualified by knowledge or experience to act in matters pertaining to the development administration of a city plan, and who shall not hold any elective office in the city government.

(1957 Rev. Ords., § 2.902; Ord. No. 1992, 8-3-59; Ord. No. 26-99, § 11, 3-1-99)

Sec. 32-19. Appointment.

The members of the city planning commission shall be appointed by the mayor subject to the approval of the city council.

Sec. 32-20. Terms of members.

The appointment of each member of the planning commission shall be for terms of five years so that there will be an overlapping of tenures.

Sec. 32-21. Vacancies.

Any vacancy in the membership of the planning commission shall be filled for the unexpired term by the mayor in the same manner as for appointment.

Sec. 32-22. Removal for cause.

The mayor, with the confirmation of the city council, shall after public hearing have authority to remove any member of the planning commission for cause, which cause shall be stated in writing and made a part of the record of such hearing.

Sec. 32-23. Compensation; expenses.

All members of the planning commission shall serve as such without compensation, except for actual expenses, which shall be subject to approval of the city council.

Sec. 32-24. Organization.

Upon appointment the planning commission shall be called together by the mayor and shall organize by electing a chairman from among its members for a term of one year with eligibility for reelection, and may fill such other of its offices as it may create in a manner prescribed by the rules of such planning commission.

Sec. 32-25. Meetings; rules; records.

The planning commission shall hold at least one regular meeting each month. Subject to the approval of the city council, it shall adopt such rules for transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations which shall be a public record.

Sec. 32-26. Annual report.

The planning commission shall each year on or about May 1 make a report to the city council of its proceedings with a statement of its receipts and disbursements and the progress of its work during the preceding year.

Sec. 32-27. Employment of staff.

Subject to the approval of the city council, the planning commission may employ such technical, engineering, clerical and other assistance as may be deemed essential to carry on the work of the planning commission. Persons so employed shall not be under the civil service except as otherwise determined by the city council. In case of the employment of a fulltime planning engineer by the city, his work shall be performed in cooperation with and under the direction of the planning commission. The compensation of all such employees shall be fixed by the city council.

Sec. 32-28. Contracts.

All contracts and agreements relating to the work of the planning commission and for services or materials required by it shall be made by the city council in its discretion.

Sec. 32-29. Miscellaneous powers.

The planning commission shall have all powers granted to zoning commissions and shall also be the zoning commission of the city. The planning 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. It may recommend to the executive or legislative officials of the city programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning 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 planning commission shall have all such powers as may be necessary to enable it to fulfill and perform its functions, promote city planning or carry out all the purposes of this chapter.

Sec. 32-30. Preparation of comprehensive plan for city development; contents of plan; changes or additions.

(a) It shall be a function and duty of the planning commission to propose a plan for the physical development of the city, including any areas outside the boundary and within its planning jurisdiction which, in the planning commission's judgment, bear relation to the planning of the city.

(b) The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning 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, playgrounds, 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 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 may be included as an adjunct to the comprehensive plan; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication, and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of such 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.

(c) The planning commission may from time to time propose amendments, extensions, or additions to the comprehensive plan or carry any of the subject matter into greater detail. The Planning Director shall be responsible for preparing the master plan and amendments and extensions thereof and for submitting with recommendations such plans and modifications to the city planning commission for their consideration and adoption.

Comprehensive plan amendments: The planning director shall be responsible for preparing the master plan and amendments to the city planning commission for their consideration and adoption.

Future land use plan [comprehensive plan] amendments: Property owners and/or the planning director may be responsible for preparing amendments to future land use map for city planning commission consideration and adoption.

(e) The public should be notified of proposed amendments and allowed an opportunity to be informed of the amendments and provide comment. The planning director and planning commission will consider neighborhood opinions in evaluating proposed amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide:

(1) Whether the proposed amendment is consistent with the goals, policies, and overall intent of the text within the comprehensive plan.

(2) Whether the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property.

(3) Whether the proposed amendment achieves an arrangement of activities which promote harmonious interaction and minimizes land use conflicts surrounding the subject property.

(4) Whether the proposed amendment would adversely affect the environment, historic resources, natural resources, urban services, public facilities, and transportation system.

(5) Whether the proposed amendment is warranted by an approved engineering analysis, including but not limited to adopted city-initiated master plans.

(6) Whether the proposed amendment would result in a logical and orderly development pattern.

(7) Whether the proposed amendment adversely affects any other part of the city, or creates any direct or indirect adverse effects.

(8) In conclusion, whether the proposed amendment creates an undue impact on surrounding neighborhoods; whereas proposed developments should be consistent with the physical characteristics of the surrounding neighborhoods or improves their living environment and quality of life.

Sec. 32-31. General purposes of comprehensive plan.

In the preparation of the comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city 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.

Sec. 32-32. Adoption of comprehensive plan.

(a) Plan proposed as a whole or in part. The planning commission shall propose to the city council 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 propose parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.

(b) Public hearing required before recommendation of plan to city council; notice; submission. Before recommendation to the city council of the comprehensive plan or part thereof, the planning commission shall hold at least one public hearing, notice of the time and place of which shall be given at least 15 days in advance by publication in a newspaper having general circulation in the city. The planning commission shall submit the recommended comprehensive plan or part thereof to the city council.

(c) Vote required for adoption of plan; notice and hearing; reference to maps and descriptive matters; signature of mayor; ordinance subject to publication and protest provisions. The adoption by the city council of the plan or any part, amendment or additions shall, following the same type of notice and public hearing as required by subsection (b) of this section, be by resolution carried by the affirmative votes of not less than a majority of all the members of the city council. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the city council 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 mayor. If a zoning ordinance is included as an adjunct to the comprehensive plan, or any part, amendment or addition, that zoning ordinance shall be subject to the provisions of SDCL 11-4-5.

Sec. 32-33. Legal status of comprehensive plan.

(a) Whenever the city council shall have adopted the comprehensive plan of the city or any part thereof, 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 32-35, until and unless the location and extent thereof shall have been submitted to and approved by the planning commission.

(b) In case of disapproval, the planning commission shall communicate its reasons to the city council, and the city council, 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 city council or the appropriate board or officer shall have the power to proceed.

(c) If the public way, ground, place, space, building, structure, or utility is one the authorization or financing of which does not, under the law or Charter provisions governing such, fall within the province of the city council or other body or official of the city, the submission to the planning commission shall be by the board or official having such jurisdiction, and the planning commission's disapproval may be overruled by such board by a vote of not less than two-thirds of its entire membership or by such official.

(d) 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 similar submission and approval, and the failure to approve may be similarly overruled.

(e) The failure of the planning commission to act within 65 days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by the city council or other submitting official.

Sec. 32-34. Recommendation and adoption of building and setback regulations; public hearing and notice required.

From and after the time when the city council 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 commission may recommend and the city council is hereby 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, following the same notice as provided in section 32-32(b).

Sec. 32-35. Subdivision plats to be approved after major street plan adopted; extraterritorial jurisdiction of city; reports and recommendations by planning commission.

From and after the time when the city council 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 making and adoption of 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, no plat of a subdivision of land lying within the city, 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 planning commission to the city council and the city council has approved the plat. This section shall be applicable to land within three miles of the corporate limits of the city and not located in any other municipality only if the comprehensive plan or major street plan includes such land. However, in the case of such extra municipal land lying within three miles of more than one city, the jurisdiction of each municipality shall terminate at a boundary line equidistant from the respective corporate limits of such cities, unless otherwise agreed to by a majority vote of the governing body of each such city. Such plats shall, after report and recommendations of the planning commission are made and filed, be approved or disapproved by the city council. The planning commission shall make its recommendation to the city council within 60 days of submission.

Sec. 32-36. Subdivision regulations--Generally.

In exercising the duties granted to it by this chapter, the planning commission shall recommend and the city council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in section 32-35. Such regulations may provide for the harmonious development of the city 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 city; 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 city council.

Sec. 32-37. Same--Scope.

(a) Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the subdivision. The regulations may provide for the tentative approval of the plat previous to such improvements and installation; but any such tentative approval shall not be entered on the plat.

(b) Such regulations may provide that, in lieu of the completion of such work and installations prior to the final approval of a plat, the city council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the city the actual construction and installation of such improvements and utilities within a period specified by the city council and expressed in the bond; and the city is hereby granted and has the power to enforce such bonds by all appropriate legal and equitable remedies.

(c) Such regulations may provide, in lieu of the completion of such work and installations previous to the final approval of a plat, for an assessment or other method whereby the city is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision.

Sec. 32-38. Same--Hearing.

Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council.

Sec. 32-39. Approval of plats.

(a) The plat shall be approved or disapproved within 90 days after submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the city council on demand; provided, however, that the applicant for the approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the city council.

(b) Any plat submitted for approval shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the city council without affording a hearing thereon, notice of the time and place of which shall be sent by mail to such address not less than five days before the date fixed therefor.

Sec. 32-40. Improvements in unapproved streets.

(a) Approved plat required for street or utility work after attachment of platting jurisdiction. From and after the time when the platting jurisdiction of the city shall have attached by virtue of the adoption of a major street plan as provided in section 32-35, the city or other public authority shall not, except as provided by subsection (b) of this section, accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of water mains, sewers, connections, or other facilities or utilities in any street within the city unless such street shall have been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to the adoption of a comprehensive plan, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council.

(b) Street construction specifically authorized by ordinance; vote required to overrule planning commission. The city council, or, in the case of a street outside of the city, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location and construction or for such acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the planning commission, be passed by not less than two-thirds of the entire membership of the city council or such governing body; and a street approval by the planning commission upon such submission, or constructed or accepted by two-thirds vote after disapproval by the planning commission, shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the city council or on a plat made by the planning commission and adopted by the city council.

Sec. 32-41. Buildings prohibited on unapproved streets; action to enjoin erection or remove building.

From and after the time when the platting jurisdiction of the city shall have attached by reason of the adoption of a major street plan as provided in section 32-35, no building permit shall be issued for or no building shall be erected on any lot within the territorial jurisdiction of the planning commission and the city council as provided in section 32-35, unless the street giving access to the lot upon which the building is proposed to be placed shall be accepted as opened as, or shall have otherwise received the legal status of, a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council or with a street located or accepted by the city council, or, in the case of territory outside of the city, by the governing body thereof, after submission to the planning commission, and, in case of the planning commission's disapproval, by the favorable vote required in section 32-40(b). Any building erected in violation of this section shall be deemed an unlawful structure, and the city or city council may bring action to enjoin such erection or cause it to be vacated or removed.

Secs. 32-42--32-49. Reserved.

ARTICLE III. VISUAL ARTS COMMISSION

Sec. 32-50. Created.

Sec. 32-51. Composition.

The visual arts commission shall consist of seven members appointed by the mayor with the advice and consent of the city council. Membership shall be a diverse mixture of citizen representatives of the community at large including: a member of the board of directors of the Sioux Empire Arts Council at the time of appointment and a practicing visual artist.

Sec. 32-52. Term of office.

The appointment of each member of the visual arts commission shall be for a term of three years with three members, as determined by the commission, initially to serve only a two-year term so that there will be an overlapping of terms.

Sec. 32-53. Compensation; expense.

All members of the visual arts commission shall serve as such without compensation, except for actual expenses, which shall be subject to approval by the mayor.

Sec. 32-54. Organization.

Upon appointment, the visual arts commission shall be called together by the mayor and shall organize by electing a chair from any of its members for a term of one year with eligibility for reelection, and may fill such other of its offices as it may create.

Sec. 32-55. Meetings; quorum, staff.

A visual arts commission shall meet at least once each quarter. A majority of the members constitute a quorum. The director of planning and building services or designee shall act as staff to the commission.

Sec. 32-56. Duties and responsibilities.

The visual arts commission shall act as an advisory body to the mayor and city council on matters pertaining to visual art. Its duties may include:

(1) Developing a general policy for inclusion and approval of visual art in public places and projects.

(2) Establishing criteria for visual art including compatibility with general, social, and physical environment with which the art is to relate, originality, diversity of style, structural design, quality, quantity, scope, scale, material, form, content, and durability.

(4) Recommending the placement of statues, monuments and memorials in city parks, in or on city property, and public right-of-way.

(5) Encouraging the incorporation of visual art into the design of commercial, residential, and public projects.

(6) Encouraging artists' involvement at the inception of city design and building projects.

(7) Maintaining a directory of the city's inventory of visual art, including receipt annually of the city's plan for conservation and maintenance of art works.

(8) Reviewing and making recommendations upon all works of art to be acquired by the city, either by purchase, gift, or otherwise.

(10) Advising or receiving recommendations from other city boards and commissions on matters involving the visual arts, including aesthetics and beautification.

(11) Serving as the city's liaison with artists and advising on any proposed alteration, removal, or destruction of visual art projects, statues, monuments, or memorials in city parks or on city property.

(12) Preparing an annual report to the mayor and council on the visual arts. The report may include a plan for future art projects.

Sec. 32-57. Definitions.

Visual art means a tangible creation by an artist exhibiting skill and aesthetic principles, including, but not limited to, paintings, sculptures, stained glass, engravings, statues, bas-reliefs, carvings, frescoes, mobiles, murals, collages, mosaics, tapestries, photographs, drawings, monuments, and fountains.

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Chapter 32 PLANNING*