1. If the City is conducting or in good faith intends to conduct studies within a reasonable time or had held or is holding a hearing for the purpose of considering a comprehensive plan, the City Council in order to protect the public health, safety, and general welfare may adopt as emergency measures a temporary zoning ordinance and map, and a temporary subdivision ordinance, the purpose of which are to classify and regulate uses and related matters as constitutes the emergency.
2. Before adoption or renewal of the emergency measure, the City Council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality.
3. An emergency ordinance shall be limited to one year from the date it becomes effective and may be renewed for one year. In no case shall the ordinance be in effect for more than two years.

Fees for all permits required herein, fees required for filing of appeals, and fees for applications for amendments to this chapter shall be established and amended from time to time by the City Council in the City’s Master Fee Schedule.

(Ord. No. 560, § 153.108, 4-5-2016)

It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure, or to use any land in violation of any regulation in this article. Any person, association or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any provision of this code shall be assessed a civil penalty by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City. A continuing violation of this code constitutes a separate and distinct violation each day that the violation exists. Penalties assessed by an administrative citation shall be collected in accordance with the City’s master fee schedule.

Violations of this chapter may also constitute Class 2 misdemeanors. In addition to any fine or penalty assessed by the court, any violator found guilty shall pay all court costs and expenses involved in the case. Compliance therewith may also be enforced by injunction at the suit of the city or the owner or owners of real estate within the district affected by the regulation of this article.

(Ord. No. 560, § 153.109, 4-5-2016)

In the interpretation and application of the provisions of this article, these provisions shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety and the general welfare. Whenever the requirements of this article are a variance with the requirements of other lawfully adopted rules, regulations or ordinance, the most restrictive, or that imposing the higher standards shall govern.

(Ord. No. 560, § 153.111, 4-5-2016)

The regulations, restrictions, boundaries and options set forth in this article may be amended, supplemented, revised or repealed from time to time as conditions warrant, subject to the following conditions:

1. Applications.
   1. An application for an amendment shall be filed with the City’s Planning and Zoning Office. Amendments may be instituted by either the property owner or by the City Council.
   2. The above-mentioned application, when instituted by a property owner, shall be obtained from the Planning and Zoning Office and shall contain the written consent of the owners of 60 percent of the equity in the lots situated within 300 feet from any part of such proposed district measured by excluding streets and alleys.
   3. Applications are not required for the City Council to implement zoning amendments.
2. Public hearing.
   1. Upon application, the Planning and Zoning Commission shall file with the City Council, a preliminary report and shall hold hearings, notice of which shall be published one week prior to the date of making the preliminary report to the City Council and shall schedule a hearing with the foregoing notice requirement before it files its final report with the City Council.
   2. The City Council may adopt any changes in the regulations, restrictions or boundaries after having published notice of hearing at least one week prior to the date of adoption of any amendments in this chapter as notice of the time and place where all persons interested shall be given a full, fair and complete hearing. The ordinance, if adopted, shall be adopted as other ordinances with the same publication requirements.
3. Time limit. All proposed amendments shall be decided by the City Council within 30 days of the public hearing.
4. Standards for amendments. The following conditions shall be met for all amendments:
   1. The proposed amendment shall be necessary because of substantially changed or changing conditions of the area and districts affected.
   2. The proposed amendment shall be consistent with the intent and purposes of this article.
   3. The proposed amendment shall not adversely affect any other part of the City, nor shall any direct or indirect adverse effects result from such amendment.
   4. The proposed amendment shall be consistent with the comprehensive plan as adopted by the City, including, but not limited to, the major road plan, land use plan, community facilities plan and other portions of the comprehensive plan.

(Ord. No. 560, § 153.107, 4-5-2016)

The purpose of the variance is to modify the strict application of the specific requirements of this article in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, when 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 that is preventing an owner from using his lot as the zoning regulations intended, while still meeting the intent of this division.

(Ord. No. 560, § 153.105(A), 4-5-2016)

After a ruling by the Planning Director, a property owner may make an application to the Board of Adjustment for a variance. The application shall be submitted to the Planning Director. The application shall consist of an application form, a non-refundable variance application fee, and such supporting information as deemed appropriate by the Planning Director.

(Ord. No. 560, § 153.105(B), 4-5-2016)

The application shall show the location and intended use of the site, the names of the property owners and existing land uses within 300 feet, and any other material pertinent to the request which the Board of Adjustment may require. The person requesting the variance has the burden of showing:

1. That the granting of the variance will not be contrary to the public interest.
2. That the literal enforcement of the article will result in unnecessary hardship.
3. That by granting the variance contrary to the provisions of this chapter, the spirit of this chapter will be observed.
4. That by granting the variance, substantial justice will be done.

(Ord. No. 560, § 153.105(C), 4-5-2016)

The Board shall hold a public hearing on the variance request, having first given ten days' notice of the time and place of such hearing by publication in the city's legal newspaper. The board shall consider and rule on the variance within 30 days of such public hearing and in accordance with the standards provided below.

(Ord. No. 560, § 153.105(D), 4-5-2016)

In granting a variance, the Board shall ascertain that the following criteria are met:

1. Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting) fully described in the findings of the board, do not apply generally in the zoning district.
2. Variances shall not be granted to allow a use otherwise excluded from the particular zoning district in which the use is requested.
3. For reasons fully set forth in the findings of the Board, the circumstances or conditions are such that the strict application of the provisions of this article would deprive the applicant of all reasonable use of his land. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land.
4. Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.
5. The granting of any variance shall be in harmony with the general purposes and intent of this article and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the city's comprehensive plan.

(Ord. No. 560, § 153.105(E), 4-5-2016)

1. See Chapter 2, Article VIII, Division 2 for appeal process.

(Ord. No. 560, § 153.105(F), 4-5-2016)

1. Court review of a decision of the Board will be conducted pursuant to SDCL §11-4-25 et seq.

(Ord. No. 560, § 153.105(G), 4-5-2016)

The following procedure is established to integrate property and the uses permitted on review with other land uses located in the district. These uses shall be reviewed by the Planning Commission and authorized or rejected by the City Council under the following procedure.

(Ord. No. 560, § 153.106, 4-5-2016)

1. Conditional uses are listed for each zoning district, and are declared to possess characteristics which require special consideration in order to ensure compatibility with other uses in the zoning district within which they are proposed. A conditional use should become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions, and located in specific locations within a zoning district, but shall not be allowed under general conditions of the zoning district as stated in regulations.
2. An approved conditional use permit shall be obtained from the Planning Department before construction begins or a new use is established.

(Ord. No. 560, § 153.106, §153.107, 4-5-2016)

1. A property owner, registered agent, or a designated representative may apply for a conditional use using forms available from the City’s Planning and Zoning office. If the request is by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application.
2. A conditional use permit (CUP) application shall be filled out completely and submitted to the Planning and Zoning Office for review in accordance with the adopted submittal deadlines before a regularly scheduled Planning Commission meeting, at which the application will be reviewed. The application shall include at a minimum the following:
   1. The application form;
   2. Non-refundable application and notification fees;
   3. Location and legal description of the property;
   4. Intended use of the site;
   5. Position, size and use of all structures, improvements and facilities to be constructed/reconstructed;
   6. Location of all points of ingress and egress and internal traffic circulation pattern;
   7. If applicable, landscape, lighting and drainage plans;
   8. Parking plan;
   9. Such other architectural and engineering data as may be required by the Planning Director, Planning Commission or City Council;
   10. Site plans and maps.

(Ord. No. 560, § 153.106, 4-5-2016)

Upon completion of all materials required for a conditional use, the City shall provide written notice of the applicant's intentions and analysis of the impact of the proposal to owners of parcels in the area required to receive notice. The notice shall include the scheduled date when the item will be discussed in front of the Planning Commission or City Council. The notice shall state that any recipient opposed to the proposed application shall notify the Planning and Zoning Office in writing; and that without giving notice as directed to the City of their objection, the property owner will be understood to have no objection to the application. In addition to the application fee, the applicant shall be responsible for the cost of notice by certified mail to all owners of parcels.

(Ord. No. 560, § 153.106, 4-5-2016)

1. Upon receipt of an application, the Planning and Zoning Office shall give notice of public hearing within 35 days. Such notice of the time and place of such hearing shall be published in the legal newspaper of the City, ten (10) days prior to that public hearing.
2. The City's Planning and Zoning Office shall require the applicant to give notice to all property owners affected or property owners within 300 feet of the applicant's property. The form and content of the notice shall be as prescribed by the Planning Director, Planning Commission, or City council.
3. The Planning Commission shall then hold a hearing and review the application and make its recommendation related to the conditional use permit (CUP) and conditions thereof, to the City Council within 30 days of the hearing.
4. The City Council shall then make its determination on the application within 30 days of the date of recommendation by the Planning Commission.

(Ord. No. 560, § 153.106, 4-5-2016)

1. In the exercise of its approval, the Planning Commission or City Council may impose such conditions regarding the location, character or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter.
2. The Planning Commission or City Council may require conditions and safeguards as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area; affirm that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the community; and that such use will comply with the regulations and conditions specified in this article for such use.
3. The Planning Commission may recommend to the City Council that the CUP be approved without conditions, be approved with conditions or denied as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area, affirm that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well-being of the community, and that such use will comply with the regulations and conditions specified in this article for such use.
4. Review of each CUP application shall consider, at a minimum, the following criteria:
   1. The request is consistent with applicable provisions of the comprehensive plan and city ordinances.
   2. The request shall not adversely affect adjacent properties.
   3. The request is compatible with the existing or allowable uses of adjacent properties.
   4. The request can demonstrate that adequate public facilities, including, but not limited to, roads, drainage, potable water, sanitary sewer, electrical power, and police/fire protection, exists or will exist to serve the requested use at the time such facilities are needed.
   5. The request can demonstrate adequate provisions for the maintenance of the use or associated structures.
   6. The request has minimized, to the degree possible, adverse effects on the natural environment.
   7. The request does not create undue traffic congestion.
   8. The request will not adversely affect the public health, safety, or welfare.
   9. The request conforms to all applicable provisions of this chapter.
   10. The requested use may be subject to periodic review by the planning commission to examine the effectiveness of the imposed conditions, the need for additional mitigating conditions, or the need for continued periodic review.

(Ord. No. 560, § 153.106, §153.099, 4-5-2016)

Upon completion of the necessary application, hearing and approval of the City Council, the Planning and Zoning Office shall issue the building permit or allow the approved use, subject to all applicable rules, regulations and conditions.

(Ord. No. 560, § 153.106, 4-5-2016)

1. All approved plans, conditions, restrictions and rules made a part of the approval of the City Council shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.
2. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. When such a building permit is abandoned or discontinued for a period of one (1) year, it shall not be reestablished without authorization by the City Council.

(Ord. No. 560, § 153.106, §153.099, 4-5-2016)

A use approved under this section may be revoked by the City Council for cause. The City shall provide notice of the date, place, and time of the public hearing for the revocation by certified mail sent to the owner of the use/property considered for revocation and to all property owners within 300 feet, exclusive of rights-of-way.

Pursuant to §11-4-4.6 of SDCL, any conditional use permit granted shall be considered a lawful use. No conditional use will be prohibited due to changes on neighboring land which occurred after the application for the conditional use is received. No conditional use shall be made nonconforming due to changes on neighboring land which occurred after the application for the conditional use is granted unless the conditional use is not pursued by the applicant for a period of more than one year.

(Ord. No. 560, § 153.106, 4-5-2016)

Upon receipt of a valid written complaint filed by a person directly affected, or upon determination by the Planning and Zoning Office that cause exists to review the use permit, the Planning Director may request that the City Council conduct a formal review of the approved use. A valid written complaint shall contain the following:

1. A description of the activity that is taking place not allowed by the existing zoning or not authorized in the original approval, and is not a routine activity normally associated with the surrounding land uses (e.g., trash pickup, mail delivery, etc.).
2. That the activity produces noise, odor, vibration, or traffic patterns not disclosed at the time the use permit was applied for.
3. The effects identified in subsection (2) of this section; are detrimental to the health, safety and welfare of the complainant and the public.

(Ord. No. 560, § 153.106, 4-5-2016)

1. A use permit may be transferred to another owner, according to the conditions described in the use permit on review definitions.
2. A written narrative shall be provided to the Planning Director explaining the nature of the new use, along with all related plans that describe in adequate detail anticipated changes.
3. Use permits issued before the effective date of the ordinance from which this article is derived shall be governed by the approvals and conditions given at the time of approval.

(Ord. No. 560, § 153.106, 4-5-2016)

In the event the request for a use on review is denied by the City Council, re-application shall not be permitted for a period of one year, unless the Planning Director determines that the request has substantially changed.

(Ord. No. 560, § 153.106, 4-5-2016)

The intent of these special provisions is to allow the creative re-use of residential structures for nonresidential purposes. Considering properties' character, each applicant must demonstrate how it will preserve the unique or historic residential qualities of the existing building and the landscape setting of the lot. The following may be permitted through the application procedure outlined above. No changes in use are permitted without recommendation of the Planning Commission and concurring approval by the City Council.

1. Use permit categories. All requests for a use permitted on review must be uses that fall into at least one of the following categories:
   1. Educational facilities (defined as a building where instruction or training is provided for a vocation, skill, hobby or job).
   2. Offices and professional services (defined as a building that contains one or more separate rooms or suites which the occupants or tenants use for purposes of doing business transactions or professional work either with the public or in private).
   3. Specialty retail (defined as sales of goods and services in an establishment that offers a product or service with unique or historic aspects of the building or neighborhood are an integral part of the business conducted therein).
   4. Outdoor sales are not permitted.
   5. Tourist/visitor accommodations (defined as a building containing sleeping rooms and support facilities that are offered to the public for rent for less than two-week intervals). Bed and breakfasts as defined by the City’s zoning regulations are permitted.
   6. None of the uses listed in subsections (1)a through e of this section shall be interpreted as to allow an adult oriented business as defined or otherwise regulated by ordinances of the City.
2. Site development standards.
   1. All uses of the site and building must be contained within a structure.
   2. All uses shall operate generally between the hours of 8:00 a.m. to 7:00 p.m., with the exception of tourist/visitor accommodations, and uses that can demonstrate compatibility with the adjacent neighborhood if other hours are desired. These hours of operation shall include all deliveries and must be disclosed in the request for the use permit.
   3. Development standards of the underlying zoning district apply for setbacks, height, lot coverage, etc.
   4. If trees or vegetation must be removed as part of the proposed use of the property, this must be disclosed at the time of application. This requirement shall not be interpreted to prevent property owners from removing trees damaged by storms or emergency conditions.
   5. Parking between the City street and public sidewalk is allowed without a variance for 50 percent of the site frontage. Stalls must be paved and sidewalks must be provided if they do not exist. In no case will parking be allowed on the street unless parking is allowed on the street otherwise stated in city ordinance.
   6. All refuse must be contained and fully screened within a fence enclosure between trash pickup days.
   7. All storage must be within an enclosed building, wall or fence and completely screened from view of adjacent properties.
   8. Outdoor activity areas, play yards, etc., must be completely screened from view of adjacent private residential properties by a fully opaque fence or wall of sufficient height to screen the activity. All outdoor activity shall be disclosed at the time of application.
   9. Internal changes in use within a structure are permitted without an amendment to the use permit, provided they do not result in an intensification of the use of the property.
   10. One sign identifying the business is permitted, of a maximum of 32 square feet. No off-site advertising is permitted on the parcel possessing a use permit.
   11. Other buffers as recommended by the Planning Director and Planning Commission and required by the City Council.

(Ord. No. 560, § 153.106, 4-5-2016)

Use permits issued before the effective date of the ordinance from which this article is derived shall be governed by the approvals and conditions given at the time of approval.

(Ord. No. 560, § 153.106, 4-5-2016)

1. Court review of a decision of the City Council will be conducted pursuant to SDCL §11-4-25 et seq.

(Ord. No. 560, § 153.106, 4-5-2016)