In compliance with provisions of SDCL 11-4-13 and 11-4-14, a board of zoning adjustment is hereby established, which board shall consist of five members appointed by the mayor, subject to confirmation by the city council. Members shall be appointed for terms of three years. Any vacancy shall be filled in the same manner for the unexpired portion of the term. In the event of the absence from the city or in the incapacity of a member, the mayor may appoint a substitute who shall serve as a member of the board, with the same powers and authority as the regular member, until such regular member has returned or has become capacitated for further service. Members may be removed for cause by the city council upon written charges and after public hearing.

(Code 2011, § 60-255; Ord. No. 1164, § 1301, 5-20-1968)

State Law reference— Similar provisions, SDCL 11-4-13, 11-4-14.

The board of zoning adjustment shall have the following rules of procedure:

(1)

All members of the board shall serve without compensation.

(2)

The board shall designate one of the members as chairperson and another as vice-chairperson who shall serve for one year. The planning and zoning director shall act as secretary to this board and keep a record of all proceedings. The board shall have the power to call on any city department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may reasonably be required.

(3)

The board shall adopt, from time to time, subject to the approval of the city council, such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.

(4)

The board shall annually elect its own chairperson at the first meeting on or after January 1 of each year. Such chairperson, or in his or her absence, the acting chairperson, shall act as presiding officer and may administer oaths and compel the attendance of witnesses. In the absence of the chairperson and vice-chairperson, the longest serving board member present shall preside. There shall be a fixed place of meeting and all meetings shall be open to the public.

(5)

The secretary of the board shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact. The board shall keep records of its examinations and other official actions, which shall be on file in the office of the city finance officer as a public record.

(6)

Vote.

a.

A majority vote of the members who are present and voting shall be necessary to approve a conditional use or special exception within a district.

b.

The concurring vote of four members of the board shall be necessary to reverse or modify any order, requirement, decision, or determination of the administrative officer of the city; or to authorize a variance from this chapter; or, except as provided in the subsection above, to decide in favor of the applicant on any other matter upon which the board is required to decide under this Code.

(7)

On all appeals, applications, and other matters brought before the board, said board shall inform, in writing, all the parties involved of its decisions, and the reasons therefor.

(Code 2011, § 60-256; Ord. No. 1164, § 1302, 5-20-1968; Ord. No. 25-01-01, § 1, 2-26-2025)

State Law reference— Meetings, administration of oaths, attendance of witnesses, SDCL 11-4-15; minutes and records, SDCL 11-4-16; rules of board, SDCL 11-4-18; Ordinance authorizing conditional use of real property-content-approval or disapproval of request, SDCL 11-4-4.1; Vote required, SDCL 11-4-23.

(a)

In exercising the powers and duties, as outlined in subsection (b) of this section, the board of zoning adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative officer of the city from whom the appeal is taken.

(b)

The board of zoning adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals to the board authorized under this Code where it is alleged there is error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this Code, or of any ordinance adopted pursuant thereto.

(2)

Special exceptions. To hear and decide special exceptions to the terms of this chapter, in the manner set forth at section 60-193.

(3)

Variances. To authorize upon appeal in specific cases variance from the terms of this chapter, in the manner set forth at section 60-198.

(Code 2011, § 60-257; Ord. No. 1164, § 1303, 5-20-1968; Ord. No. 25-02-03, § 1, 3-26-2025)

State Law reference— Similar provisions, SDCL 11-4-17, 11-4-22.

(a)

Appeals to the board of zoning adjustment authorized under this Code may be taken by any person aggrieved or by any office, department, board, or bureau of the municipality affected by any decision of the administrative officer of the city. Such appeal shall be taken within 30 days by filing with the officer from whom the appeal is taken and with the board of zoning adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

The board shall thereupon fix a reasonable time for the hearing of such appeal, give public notice thereof by publication of a notice of said hearing in the local newspaper, at least ten days prior to the date set for said hearing and mail a copy of the notice of said hearing to the parties in interest as shown by the records in the office of the planning and zoning director or in said notice of appeal. Upon the hearing any party may appear in person or by agent or by attorney.

(c)

The final disposition of any appeal after public hearing shall be in the form of a decision by the board reversing, modifying, or affirming the decision or determination appealed from. Such decision of the board shall be filed with the planning and zoning director.

(Code 2011, § 60-258; Ord. No. 1164, § 1304, 5-20-1968; Ord. No. 06-03-04, 4-3-2006; Ord. No. 25-01-01, § 1, 2-26-2025)

State Law reference— Similar provisions, SDCL 11-4-19, 11-4-21, 11-4-22.

An appeal to the board of adjustment stays all proceedings in the action appealed from, except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters prior to final decision by the board of adjustment, or unless the officer from whom the appeal is taken shall file a certificate that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Code 2011, § 60-259; Ord. No. 1164, § 1305, 5-20-1968)

State Law reference— Similar provisions, SDCL 11-4-20.

Any person or persons, jointly or severally, aggrieved by any decision of the board, or any officer, department, board, or bureau of the city may, within 30 days after the filing of any decision in the office of the board, but not thereafter, present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality, whereupon such decision of the board shall be subject to review by certiorari as provided by law.

(Code 2011, § 60-260; Ord. No. 1164, § 1306, 5-20-1968; Ord. No. 25-01-01, § 1, 2-26-2025)

State Law reference— Similar provisions, SDCL 11-4-25, 11-4-26; Petition to court contesting decision of board, SDCL 11-4-25.

Any person wishing to file an appeal pursuant to section 60-258 or petitioning for a special exception according to section 60-257(b)(2) or an administrative review pursuant to section 60-257(b)(1) or a variance pursuant to section 60-257(b)(3) shall deposit with the petition or with the notice of appeal a fee as provided in the fee schedule on file in the office of the finance officer payable to the finance office of the city.

(Code 2011, § 60-261; Ord. No. 1164, § 1307, 5-20-1968; Ord. No. 1998, 9-10-1991; Ord. No. 08-05-06, § 1307, 6-30-2008)

There is hereby created a city planning and zoning commission for the city.

(Code 1980, § 2-49; Code 2003, § 2-136; Code 2011, § 2-298)

Editor's note— See editor's note at §§ 2-268—2-336.

State Law reference— Planning and zoning commission required in city, SDCL 11-6-2; territorial extent of planning and zoning powers, SDCL 11-6-10, 11-6-11.

The city planning and zoning commission shall consist of seven members appointed by the city council. The members of the planning and zoning commission shall be residents of the city, qualified by knowledge or experience to act in matters pertaining to the development and administration of a city plan, who shall not hold any elective office in the municipal or county government.

(Code 1980, § 2-50; Code 2003, § 2-137; Code 2011, § 2-299; Ord. No. 03-04-17, 5-12-2003)

Editor's note— See editor's note at §§ 2-268—2-336.

State Law reference— Membership on planning and zoning commission to be as provided by ordinance, SDCL 11-6-2.

Members of the planning and zoning commission shall serve for terms of five years each.

(Code 1980, § 2-51; Code 2003, § 2-138; Code 2011, § 2-300)

Editor's note— See editor's note at §§ 2-268—2-336.

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

(Code 1980, § 2-60; Code 2003, § 2-139; Code 2011, § 2-301)

Editor's note— See editor's note at §§ 2-268—2-336.

Any vacancy in a membership on the planning and zoning commission shall be filled for the unexpired term in the same manner as for appointment.

(Code 1980, § 2-61; Code 2003, § 2-140; Code 2011, § 2-302)

Editor's note— See editor's note at §§ 2-268—2-336.

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

(Code 1980, § 2-54; Code 2003, § 2-141; Code 2011, § 2-303)

Editor's note— See editor's note at §§ 2-268—2-336.

Upon appointment, the planning and zoning 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 and zoning commission. The city planning and zoning director shall act as secretary of the planning and zoning commission but shall not be a member of such commission.

(Code 1980, § 2-53; Code 2003, § 2-142; Code 2011, § 2-304)

Editor's note— See editor's note at §§ 2-268—2-336.

The planning and zoning 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.

(Code 1980, § 2-55; Code 2003, § 2-143; Code 2011, § 2-305)

Editor's note— See editor's note at §§ 2-268—2-336.

The planning and zoning commission shall have all powers and duties as defined by SDCL ch. 11-6. Insofar as it fixes the powers and duties of the planning and zoning commission, it is hereby adopted by reference with the same full force and effect as though the whole of SDCL ch. 11-6 has been set forth at length in this section.

(Code 1980, § 2-56; Code 2003, § 2-144; Code 2011, § 2-306)

Editor's note— See editor's note at §§ 2-268—2-336.

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

(Code 1980, § 2-57; Code 2003, § 2-145; Code 2011, § 2-307)

Editor's note— See editor's note at §§ 2-268—2-336.

State Law reference— Similar provisions, SDCL 11-6-7.

Subject to the approval of the city council, the planning and zoning commission may employ such technical, engineering, clerical and other assistance as may be deemed essential to carry on the work of the planning and zoning 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 full-time planning engineer by the city, his or her work shall be performed in cooperation with and under the direction of the planning and zoning commission. The compensation of all such employees shall be fixed by the city council.

(Code 1980, § 2-58; Code 2003, § 2-146; Code 2011, § 2-308)

Editor's note— See editor's note at §§ 2-268—2-336.

State Law reference— Similar provisions, SDCL 11-6-7.

Any action or decision of the planning and zoning commission may be appealed to the city council. The city council shall have the power to overrule the actions or decisions of the planning and zoning commission with a vote of not less than two-thirds of its entire membership. The city council may establish and change the procedures and rules governing the planning and zoning commission.

(Code 2011, § 2-267)

Editor's note— See editor's note at §§ 2-268—2-336.

State Law reference— Municipal planning and zoning commission required, comprehensive plan, SDCL 11-6-2.