The office of zoning inspector is hereby authorized. For the purpose of this chapter, the building inspector is hereby designated as such zoning inspector or the city manager may, in his or her discretion, designate an inspector other than the building inspector.

(Code 2011, § 60-216; Ord. No. 1164, § 1201, 5-20-1968)

(a)

The provisions of this chapter shall be enforced by the zoning inspector and his or her designee, such designee being any employee of the city whose duty is to ensure compliance with the provisions of this section, including, but not limited to, law enforcement officers, code enforcement officers, building inspectors, and planners. The zoning inspector shall have the power to enter onto such properties and to make inspection of buildings, structures, and uses, including accessory building, premises, and uses necessary to carry out his or her duties in the enforcement of this chapter. He or she shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(b)

The zoning inspector shall keep a record in his or her office of all applications filed, issued, or refused, and if refused the reason for such refusal and the final action thereon. He or she shall keep a record in his or her office of all zoning permit fees collected and shall remit the amount of such fees to the office of the city finance officer each day.

(c)

Appeal from the decision of the zoning inspector may be made to the board of zoning adjustment.

(Code 2011, § 60-217; Ord. No. 1164, § 1202, 5-20-1968; Ord. No. 19-07-02, § 1, 9-11-2019)

State Law reference— Appeals to board of adjustment, SDCL 11-4-17.

(a)

A zoning permit shall be required for any proposed erection, construction, reconstruction, alterations, conversion, major repair, or use or change of use of buildings, structures, or lands as set forth in this chapter.

(b)

It shall be the duty of the zoning inspector to issue a zoning permit, if the proposed erection, construction, reconstruction, alterations, conversion, major repair or use or change of use of buildings, structures or lands, conforms with all of the requirements herein set forth.

(Code 2011, § 60-218; Ord. No. 1164, § 1203, 5-20-1968)

To obtain a zoning permit, the applicant shall submit the required documents established below:

(1)

Each application for a zoning permit shall be in writing, on the standard forms of the city, shall state the existing and intended use of all such buildings, structures or properties, and shall be filed in the office of the zoning inspector. The application shall be accompanied with a plot plan, submitted in duplicate, of the lot, parcel, or premises showing:

a.

The actual dimensions of the property;

b.

The size and location of existing structures and accessory buildings, if any;

c.

The foundation dimensions and size of the proposed structure;

d.

The location of the proposed structure and accessory buildings on the property;

e.

Such other information as may be required by the zoning inspector, for determining compliance with the provisions of this chapter.

(2)

If the proposed erection, construction, reconstruction, alterations, conversion, major repair or use or change in use of buildings, structures or lands as set forth in the application for a zoning permit is in conformity with the provisions of this chapter, the zoning inspector shall, within ten days and after payment of the required fee as prescribed herein, issue a zoning permit therefor, and retain a copy thereof as a part of the permanent records of his or her office.

(3)

The zoning inspector shall in no case grant a permit for the erection, construction, reconstruction, conversion, alteration, major repair or use or change in use of any building, structure, or land including accessory buildings, if the building, structure or lands, including accessory buildings, would be in violation of any of the provisions of this chapter, or of any other codes and/or laws of the city, the county, and/or the state.

(4)

If a zoning permit is refused, the zoning inspector shall furnish the applicant with a written statement, signed by the zoning inspector, stating such refusal and setting forth the reasons therefor. The refusal by the zoning inspector to issue a permit may be appealed by the applicant to the board of zoning adjustment in the manner, as provided herein.

(5)

No zoning permit for the erection, construction, reconstruction, conversion, alteration, major repair or use or change in use of any building, structure or land including accessory building shall be issued where water and sewer service is necessary without public water and sewer service, unless the use of private disposal and water facilities has been approved by the public works director/city engineer and/or the health department of the county, whichever is applicable. The public works director/city engineer shall permit such use when public water and/or sewer can be made available within a reasonable period of time.

(6)

If after the issuance of a zoning permit the operations authorized thereunder are not commenced within six months after date of permit, or if after the commencement of operations, the work is discontinued for a period of six months, such permit shall be void and work may not again be commenced until a new permit shall have been issued as for the original work. A zoning permit may be once extended for a period not to exceed six months by the zoning inspector.

(Code 2011, § 60-219; Ord. No. 1164, § 1204, 5-20-1968)

State Law reference— Appeals to board of adjustment, SDCL 11-4-17.

(a)

Upon completion of the erection, construction, reconstruction, conversion, alterations or major repair and before use or change in use of any building, structure or land for which a zoning permit has been issued, application shall be made to the zoning inspector for a certificate of occupancy. The zoning inspector or his or her duly authorized representative shall make a final inspection of the property in question and if the property is found to conform to the statements made in the application for zoning permit and to the provisions of this chapter, a certificate of occupancy shall be duly issued within ten days after final inspection is made. If such certificate is refused, the zoning inspector shall state such refusal in writing, with reasons.

(b)

No land shall be occupied or used and no building or structure hereafter erected, structurally altered or changed in its use shall be occupied until such a certificate of occupancy has been granted.

(c)

No certificate of occupancy shall be issued for any building, structure or use utilizing private waste disposal and/or water facilities without official notification of final approval of the installation of such private disposal and/or water facilities from the public works director/city engineer or county health department, whichever is applicable.

(Code 2011, § 60-220; Ord. No. 1164, § 1205, 5-20-1968)

Zoning permit fees shall be in the amount provided in the city fee schedule on file in the office of the finance officer and shall be submitted with the application. No zoning permit fee shall be charged for a zoning permit issued for construction within the corporate limits of the city, and no building permit fee shall be charged by the city for construction outside the corporate limits of the city.

(Code 2011, § 60-221; Ord. No. 1164, § 1206, 5-20-1968; Ord. No. 1598, § 1, 9-1-1981; Ord. No. 06-03-03, 4-3-2006)

It shall be unlawful for any person, whether acting directly or through employees or agents, to violate, disobey, omit, neglect, refuse to comply with, or resist the enforcement of any provision of this chapter. Upon conviction therefor, unless otherwise ordered by a court, the city may abate the violation upon not less than ten days written notice of abatement served upon the defendant in the manner set forth at section 26-120(6). The remedy of abatement shall be stated on the summons issued for the offense.

(Code 2011, § 60-222; Ord. No. 1164, § 1207, 5-20-1968; Ord. No. 1400, 2-24-1976; Ord. No. 98-07-05, 8-4-1998; Ord. No. 24-03-02, § 2, 4-25-2024)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, and to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises, the zoning inspector or any other appropriate city authority, in addition to other remedies, may institute:

(1)

An action in circuit court for injunction, or mandamus, or other appropriate remedy; or

(2)

Upon notice of violation and order in the manner set forth at sections 26-120 through 26-123 for a public nuisance, a code enforcement proceeding to restrain, correct, or abate such violation.

(Code 2011, § 60-223; Ord. No. 1164, § 1208, 5-20-1968; Ord. No. 24-03-02, § 2, 4-25-2024)

State Law reference— Proceedings by municipal authorities to prevent violation of regulations, SDCL 11-4-7.