Planning & Zoning Application Process

Typical Process for Zoning Requests:
State and City ordinances require formal notification of all landowners within a specified buffer zone surrounding the applicant property.  The notification process must be complete before an application is scheduled to be heard by the Planning Commission.  The notification is made by certified mail based on the property owner information provided by Meade County Register of Deeds.  An application fee, postage fee, and a 10% administration fee is charged to the applicant for the notification process.


It is important to remember that after the Planning Commission hears your request and makes a recommendation to Council, it may take an additional 6 to 8 weeks to finalize the request so you can proceed with your project.  Make sure you allow enough time in your schedule for the entire process.    
 
After the application is received by city staff, the application will be scheduled for the next Planning Commission meeting. The Commission will review the request and make a recommendation to the City Council. After the Planning Commission meeting, a public hearing for date for the application will be set at the next City Council meeting. Once the public hearing date is set, the Sturgis Finance Officer must advertise the information including the public hearing date in the legal section of the local newspaper so all members of the public receive notice. This process is regulated by state law and Title 18, Article VII,Section 2.  After the required notice has been published in the newspaper, your request will then be heard by the City Council at the scheduled public hearing and approved or denied.  Only after the City Council has given approval will you be allowed to proceed.


All applications must be made through the Citizenserve Web Portal. (under Services --> Planning and Zoning)

Platting Within City Limits  

The purpose of this Title is to 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; 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 and convenience through the provision for an adequate scale of street, sanitary, water, utility and other improvements as land is subdivided.

Fee:
$100 for preliminary, $200 for final (includes fees to file plat and copy of city resolution at Register of Deeds)
Notifications to Landowners:
N/A
Signage:
N/A
Effective Date:
20 days after publication of Council action in official newspaper


Preliminary Plat Requirements 
Final Plat Requirements

 Platting Outside City Limits  

The City of Sturgis and Meade County operate under a  3-Mile Agreement  for platting. Areas within the designated 3-Mile boundaries are subject to City platting regulations.

All plats within Area #1 must be approved by the Sturgis Planning Commission and the Sturgis City Council and must be reviewed by the Meade County Equalization and Planning Department prior to filing at the Meade County Register of Deeds.  For properties in Area #2, the plat application should be submitted to the Meade County Equalization and Planning Department, subject to comments by the City of Sturgis Planning and Permitting Department.

 If you are considering a plat within the 3-Mile jurisdiction, please contact the Planning and Permitting Department prior to submitting your plat. 

Use on Review (Conditional Use Permit)

The use of land which is not the principal use and not in conformity with the regulations for the district in which the use is proposed, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review to ensure conformance with the purpose of the Zoning Regulations.  All Use on Review Permits are reviewed on an annual basis and can be revoked at any time.

Typically these include at-home businesses.  A Use on Review is required when any of the following attributes apply:

  • The business would have one or more non-resident employees
  • The business would have one or more customers who would visit the at-home business
  • The business would create a perceived or actual decrease in the expected safety in the neighborhood
  • The business would have business inventory, storage, etc. visible from the public right-of-way
  • The business would create any increase in the amount of traffic, noise or odor typical of a residential neighborhood
  • The business would require any type of land or premises approval from the state of federal government (e.g. FFL)
  • There has been a verified complaint to the Planning Permitting Office regarding an at-home business regarding an impact of similar nature though not specifically limited to those listed above





Land Use Examples which may require a Use on Review*:

  • In-home daycare
  • Accounting business in a residential zone
  • In-home pet grooming business
  • Residential living in Industrial Park
  • Machining business located in a homeowner's garage
  • In-home baking business in which customers pick up their orders
  • In-home firearm sales



*Please be aware of any covenants on your property that may prohibit such uses.

Fee:
$100, plus the cost of postage for notifications,10% admin fee
Notifications to Landowners:
200' from property lines
Signage:
21 days
Effective Date:
Immediately following Council approval

Vacation of Public Right-of-Way  

The process to vacate street or alley right-of-way in the City of Sturgis is regulated by SD Codified Laws in Chapter 9-45. Along with the requirements of state law, the City requires specific steps to be followed in order to create a resolution that can be presented to the City Council and to assure the Council that community issues have been addressed.

 General Procedure 

The following is the general process for a typical right-of-way vacation:

  • Petitioner creates a petition specific for the right-of-way to be vacated and obtains 100% of adjacent property owner's signatures (signatures must be on the petition).  An example of a petition is included in the Vacate Packet link below.
  • An exhibit showing the proposed vacation must be submitted with the petition.
  • The petitioner must notify all utility companies and obtain their written response regarding right-of-way.  An example of a letter to utilities is included in the Vacate Packet link.
  • Upload completed Petition and fill out the Plat Application via Citizenserve.  You can also pay any applicable fees and upload any other relative documents through the web portal.
  • The Planning Commission will review the application and all related documents and will make a recommendation to the Council along with a request to set a Public Hearing.
  • The Notice of Public Hearing and exhibits are published in the newspaper twice prior to the Public Hearing date.
  • The Public Hearing for the proposed Vacation is held at the City Council meeting.
  • If approved, there is a twenty-day waiting period (after the date of publication of the Council Minutes) before the resolution takes effect.  The resolution and vacation exhibit is filed at the Meade County Register of Deeds.

The cost of a right-of-way vacate application is $250.  

Vacation Packet Link

This packet includes examples and more specific information about the vacation process.  Please contact the Planning and Permitting Department if you have questions about this process.

Fee:
$250
Notifications to Landowners:
None (adjoining landowners must be included on petition)
Signage:
None
Effective Date:
20 days after publication of Council action in official newspaper

Variance  

The purpose of the variance is to modify the strict application of the specific requirements of the City of Sturgis Zoning Ordinance in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his lot as the Zoning Ordinance intended.  All requests must present a hardship to be placed on the agenda.  

VARIANCE CONSIDERATION CRITERIA

Variances - In determining variance requests, the Board of Adjustment (BOA) must specifically address certain criteria when determining whether to grant or deny the variance request.  This criteria stems from statute and City ordinance.  The BOA must address the specific criteria in their oral and/or written decision.  The variance criteria are:

 A)  Special circumstances or conditions exist, such as exceptional narrowness, topography, or relaxation of zoning ordinance provides a quantifiable benefit to the City and surrounding neighborhood;

 B)  Strict application of the zoning ordinance would deprive the applicant of any reasonable use of his land, i.e. create hardship (mere loss in value does not justify a variance, there must be deprivation of beneficial use of the land);

 C)  The variance provides the minimum adjustment necessary for the reasonable use of the land; and

 D)  Granting the variance is in harmony with the general purposes and intent of the zoning ordinance and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan.

 

Fee:
$100, plus the cost of postage for notifications,10% admin fee
Notifications to Landowners:
200' from property lines
Signage:
21 days
Effective Date:
Immediately following Council approval


Voluntary Annexation  

A property owner currently outside the City Limits of Sturgis can file a petition with the City Council requesting Voluntary Annexation.

The City grows through the annexation process.  Prior to annexing property, the City looks closely at the location of the property.  All property considered for annexation must be contiguous to property already within City limits.  The property must be suitable to receive City services either immediately or by a pre-determined date in the future.  The cost of installing water and sewer infrastructure rests upon the property owner.

Close coordination between landowners and the City is required when annexation is considered. The time required for this process can vary greatly depending on the location and other factors specific to the property.

Petition for Voluntary Annexation by an individual landowner

Petition for Voluntary Annexation by a corporation

The application process for a voluntary annexation can be started on the CitizenServe web portal.  The petition will be scheduled for a City Council public hearing.  Once approved, a resolution to annex the property will be filed at the Meade County Register of Deeds.

Zoning Amendment  

From time to time, a request for a change to zoning is warranted.  If a property is being re-platted into one parcel, all property within the parcel must be zoned the same.  On occasion, a property is re-zoned to allow for a use not currently allowed in a zone.

Fee:
$250, plus the cost of postage for notifications,10% admin fee
Notifications to Landowners:
250' from property lines
Signage:
21 days
Effective Date:
20 days after publication of 2nd reading of Council action in official newspaper