An Administrative Official designated by the Common Council, shall administer and enforce this title. He/she may be provided with the assistance of such other persons as the Common Council may deem necessary for the successful enforcement of this title.

(Ord. 7-2015, 2-3-2016)

Should the administrative official find that any of the provisions of this title are being violated, they shall notify the owner or occupant in writing of the nature of the violation and ordering the action required to correct the violation. They shall order discontinuance of illegal use of land; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or any other action authorized by this title to ensure compliance with or to prevent violations of its provisions.

(Ord. 7-2015, 2-3-2016)

No building or other structure shall be erected, constructed, enlarged, altered, repaired, improved, moved or demolished without a permit thereof, issued by the City Engineer or designee.

(Ord. 7-2015, 2-3-2016)

In lieu of appointing the Board of Adjustment the Common Council, having adopted and having in effect a zoning ordinance, will act as and perform all the duties and exercise the powers of a Board of Adjustment as provided by South Dakota law.

(Ord. 7-2015, 2-3-2016)

All meetings of the Common Council, acting as Board of Adjustment, shall be open to the public. Minutes of proceedings showing the vote of each member upon each question, or, if absent or failing to vote, an indication of such fact, and records of its examinations and other official actions, shall all be immediately filed in the office of the City Finance Officer and shall be a public record.

(Ord. 7-2015, 2-3-2016)

The Common Council may:

1.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this title or of any ordinance adopted pursuant to this title;

2.

Authorize such variance from terms of the ordinance not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance is observed and substantial justice done; and

3.

Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall be determined by an affirmative vote of the present and voting members of the board of adjustment at a percentage specifically set forth in the zoning ordinance.

(Ord. 7-2015, 2-3-2016)

1.

The Common Council may adopt rules to implement the provisions of this title.

2.

Appeals to the Common Council may be taken by any person aggrieved or by any officer, department or board of the municipality affected by any decision of the Administrative Official. Such appeal must be filed within ten (10) days of the decision from which the appeal is taken by filing with the Administrative Official and with the Common Council, a notice of appeal specifying the grounds thereof. The Administrative Official from whom the appeal is taken shall forthwith transmit to the Common Council all the papers constituting the record upon which the action appealed from was taken.

3.

In the case of all appeals, the Common Council shall call upon the Planning and Zoning Commission for all information pertinent to, and their recommendation which shall be forwarded as a preliminary report to the Common Council.

(Ord. 7-2015, 2-3-2016)

The filing of an appeal to the Common Council stays all proceedings in the action appealed from, unless the Administrative Official from whom the appeal is taken files a certificate that by reason of facts stated in the certificate a stay would cause imminent apparel to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Common Council or by a Court of record, upon application and notice to the Administrative Official from whom the appeal is taken and upon due cause shown.

(Ord. 7-2015, 2-3-2016)

The Common Council shall hold at least one public hearing upon an appeal. Notice of the time and place of hearing shall be given at least ten (10) days in advance by publication in the legal newspaper of the municipality and due notice shall be given to the parties in interest. The Common Council shall decide the appeal within sixty (60) days. Any party may appear at the hearing in person or by agent or by attorney.

(Ord. 7-2015, 2-3-2016)

In exercising the powers as to appeals, the Common Council may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Administrative Official from whom the appeal is taken. As to all other decisions, the Common Council may make initial determinations as provided state law and applicable zoning ordinance.

(Ord. 7-2015, 2-3-2016)

The concurring vote of at least two-thirds of the members of the Common Council acting as the Board of Adjustment is required to reverse any order, requirement, decision or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass under any ordinance, except as to conditional uses set forth in Chapter 17.30 or to effect any variation in an ordinance.

(Ord. 7-2015, 2-3-2016)

The Planning and Zoning Commission shall:

1.

Recommend such rules of procedure as are necessary to the performance of its functions hereunder.

2.

Review and recommend to the Common Council all actions necessary as to building permits, variances, use permits, appeals and amendments pertaining to this title.

3.

Perform such other duties as are set forth in this title or as may be requested by the Common Council.

(Ord. 7-2015, 2-3-2016)

Any person, firm, or corporation aggrieved by any decision of the Common Council acting as a Board of Adjustment may present to a court of competent jurisdiction a petition fully verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within thirty (30) days after the decision of the Common Council acting as a Board of Adjustment.

(Ord. 7-2015, 2-3-2016)