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Deadwood City Zoning Code

CHAPTER 17

92 BOARD OF ADJUSTMENT

17.92.010 Board Of Adjustment--Powers And Duties

The city commission shall act as a board of adjustment pursuant to SDCL 11-4-24. The board shall have the following powers:

  1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement to this title or any ordinance adopted pursuant thereto;
  2. To hear and decide special exceptions to the terms of this title upon which the board is required to pass under this title; and
  3. To authorize upon appeal in specific cases such variance from terms of this title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and so that the spirit of this title shall be observed and substantial justice done.

(Ord. 831 § 10.9, 1992)

17.92.020 Organization

  1. Officers.
    1. The officers of the board of adjustment shall consist of a chairperson and vice-chairperson. The mayor shall serve as chairperson and shall appoint a vice-chairperson to serve until the expiration of his or her term as city commissioner or the expiration of the chairperson’s terms as mayor, whichever first occurs.
    2. The chairperson shall have the following powers:
      1. To preside at all meetings of the board of adjustment;
      2. To administer oaths and compel the attendance of witnesses at any meeting of the board; and
      3. To call meetings of the board.
  2. Meetings.
    1. Meetings of the board of adjustment shall be held at the call of the chairperson, or at such other times as the board may determine.
    2. All meetings of the board of adjustment shall be open to the public.
    3. The concurring vote of at least two-thirds of the members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under this title, or to effect any variation in this title.

(Ord. 831 § 10.9.1, 1992)