A.

It is the intent of the ordinance codified in this title that all questions of interpretation and enforcement shall be presented first to the zoning administrator and that such questions shall be presented to the city planning and zoning commission/board of adjustment only in appeal from the decisions of the zoning administrator and that recourse from the decisions of the city planning and zoning commission/board of adjustment shall be to the court as provided by law.

B.

The procedure for deciding such questions shall be stated in this section. Under this title, the city board shall have the duties: (1) of considering and adopting or rejecting proposed amendments or the repeal of this title as provided by law; (2) of establishing a schedule of fees and charges as stated in Chapter 17.72.

(Ord. 292, § 2001, 1980)

A.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the city planning and zoning commission/board of adjustment after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril of life and property.

B.

In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the city planning and zoning commission/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.

(Ord. 292, § 2002, 1980)

Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the city planning and zoning commission/board of adjustment may seek review by a court of record of such decision in the manner provided by the laws of the state of South Dakota.

(Ord. 292, § 2003, 1980)