Flandreau City Zoning Code
ADMINISTRATION
§ 155.175 PERMITS REQUIRED.
(A) No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Administrative Official. No permit shall be issued by the Administrative Official except in conformity with the provisions of this chapter, unless he or she received a written order is received from the Board of Adjustment in the form of an administrative review, under conditional use, or variance as provided by this chapter.
(B) It shall be unlawful to commence the excavation for the construction of any building or any accessory building without a permit. A permit is also required for any filing, grading, lagooning, or dredging which is related to site preparation for future construction.
(C) The issuance of a building/use permit shall, in no case, be construed as waiving any provisions of this regulation.
(D) No building permit is necessary for the following: shingling, replacement siding, window replacement, painting of exterior, and any interior improvements that do not involve the moving of load- bearing walls.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.176 APPLICATIONS.
All applications for permits shall be accompanied by a site plan which may be required to be drawn to scale showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of any of the buildings that may already exist, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Administrative Official including legal description; existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformity with and provide for the enforcement of this chapter. Such plans and data accompanying the permit shall be final and conclusive, and a deviation therefrom shall require a new permit.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.177 FEE SCHEDULE.
(A) The City Council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for building permits, conditional use permits, variances, amendments, appeals, and other matters pertaining to this chapter. The schedule of fees may be altered or amended only by the City Council.
(B) The current fee schedule shall be available from the Administrative Official. All fees shall be the property of the city and shall be paid over to the City Finance Officer for credit to the General Fund of the city which under no condition shall be refunded. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.178 ISSUANCE AND EXPIRATION OF PERMITS.
(A) Issuance of permits. Permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications. Other use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter and punishable as provided by § 155.999.
(B) Expiration of use permit. If the work desired in any use permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be canceled by the Administrative Official, and written notice thereof shall be given to the persons affected. A six month extension may be granted if requested in writing at least one month prior to the expiration date. Maximum extension authorized is one year. If the work described in any use permit has not been substantially completed by the permit’s expiration date, said permit shall expire and be canceled by the Administrative Official, and written notice thereof shall be given to the persons affected along with notice that further work as described in the canceled permit shall not proceed unless and until a new permit has been obtained.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.179 BUILDING/USE PERMITS.
(A) No new development, change of use, moving in or out of structures, demolition, or other action which may be regulated by the provisions of this chapter including use, height, number of occupants, lot area, off-street parking, or yard requirements shall occur without a building/use permit issued by the Administrative Official. Building/use permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, or construction set forth in such approved plans and specifications. Any use, arrangement, or construction at variance without authorization as well as failure to obtain the necessary building permit shall be deemed a violation of this regulation and shall be punishable as provided by this regulation.
(B) An application for a building permit accompanied with the appropriate fee, available from Administration Official, shall be completed by the landowner requesting the building permit. Completed applications shall be returned to the Administrative Official for review. To be considered complete, the application form shall be accompanied by the following additional items:
(1)
A site plan, which may be required to be drawn to scale showing the exact size, shape, and dimensions of the lot to be built upon; the exact size and location on the lot of all existing buildings and structures; the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected, or moved; and the size, arrangement, number of parking stalls, movement of vehicles, and ingress and egress drives for all off-street parking and loading facilities;
(2) The location of the said lot with respect to existing rights-of-way and adjacent lots;
(3) A letter of certification stating that the lot to be built upon has been accurately surveyed. This requirement may be waived by the Administrative Official in the event lot markers, or pins, have been located; and
(4) Any other information which the Administrative Official may deem necessary for consideration in enforcing the provisions of this subchapter.
(C) The Administrative Official, in cases of permits to alter the interior of any existing structure, may waive any of the requirements set forth in division (B) above.
(D) One copy of the application shall be returned to the applicant, after the Administrative Official has marked such copy as either approved or disapproved and attested to the same by signing said copy of the plans. The Administrative Official, for city records, shall retain one copy of the application similarly marked.
(E) The Administrative Official shall then, if the applicant is approved, issue a signed building permit. If the Administrative Official determines the proposed action would not be in compliance with the provisions of this section, a building permit may not be issued, and the applicant may then appeal the action of the Administrative Official to the Board of Adjustment.
(F) Building permits shall be posted in a conspicuous place upon the premises and visible from a public right-of-way at all times from the beginning until completion of such construction, alteration, or repair.
(G)
With application for a building permit, the site must be clearly staked out and/or plans that clearly indicate the structure to be erected or remodeled or alterations of the existing structure will be examined by the Administrative Official.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.180 CONDITIONAL USE REQUESTS.
(A) Conditional uses are allowed for certain uses in some districts, as identified in individual district regulations. Uses not listed in the district regulations as eligible for a conditional use permit shall not, in any circumstances, be granted a conditional use permit. The following procedure for requesting a conditional use permit shall be followed, and the Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A conditional use permit, from the terms of this subchapter, shall not be granted by the Board of Adjustment unless and until the following has occurred.
(1) An application for a conditional use permit, available from the Administrative Official, shall be completed by the landowner requesting the conditional use permit. Any required attachments and fees as in § 155.177 shall further accompany the application. The written application for a conditional use shall indicate the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Completed applications shall be returned to the Administrative Official for review. To be considered by the Board of Adjustment, the application form shall be completed. If any of the information required herein has changed since the original building permit application, the revised, updated, or corrected information shall accompany the application for a conditional use permit.
(2) The Administrative Official shall review the application, and shall make a recommendation to the Board of Adjustment to either approve or not approve said application. The Administrative Official’s recommendation shall include a summary of the application and reasons and justification for either approval of or disapproval of the application.
(3) The Administrative Official shall set the date, time, and place for a public hearing to be held by the Board of Adjustment. The Administrative Official shall notify the adjacent landowners, excluding streets and alley, by mail at the expense of the applicant at least one week before the public hearing. The Administrative Official shall publish notice of the public hearing with all costs to be paid by the applicant not less than ten days prior to the public hearing in a newspaper of general circulation in the area affected by the proposed conditional use permit.
(4) A public hearing shall be held; any party may appear in person or by agent or attorney.
(5)
The Board of Adjustment shall make a finding that it is empowered under the section of these regulations as described in the application to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest.
(B) Before any conditional use permit shall be issued, the Board of Adjustment shall make a written finding certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following where applicable:
(1) Access.
(a) The roads providing access to the property shall be determined to be adequate to meet the transportation demands of the proposed Conditional Use. The Board of Adjustment may require the applicant to enter into a written contract with the applicable road authority regarding the upgrading and continued maintenance of any roads used for Conditional Use requested prior to issuance of a Conditional Use Permit.
(b) Reasonable provisions have been made for safe vehicular and pedestrian entrance and exit of the property for daily and emergency traffic.
(2) Parking and internal traffic.
(a) The parking areas and driveways will be covered in materials appropriate for the internal traffic generated by the use.
(b) The number of parking spaces is appropriate for the proposed use of the property.
(3) Utilities and refuse.
(a) The manner by which electricity, water, sewer, natural gas and other utilities will be provided has been described.
(b) Consideration has been given to the location of refuse and service areas and manner for disposing of trash, junk, or other debris.
(4) Screening, buffering, and open space.
(a) The type, dimensions, and character of any fences, walls, hedges or other materials used for screening; and/or open space is appropriate for the proposed use in reference to the specific property.
(5) Lighting.
(a) Lights associated with the use will not create a nuisance nor distract traffic.
(b) Brightness, intensity, glare of lights will be similar to lighting which would be customarily used for permitted uses in the applicable zoning district.
(6) General compatibility with adjacent properties and other property in the district.
(a) Any use listed as a Conditional Use is generally compatible in the district in which it is listed.
(b) General compatibility is used when prescribing conditions for approval of a permit.
(C) In granting any Conditional Use Permit the Board of Adjustment may prescribe conditions and safeguards in conformity with this regulation. Violation of such conditions and safeguards may result in revocation of the permit. Violation of such conditions, when made a part of the terms under which the Conditional Use Permit is granted, shall further be deemed a violation of this regulation and punishable under the terms of these regulations.
(D) The concurring vote of a majority of the present and voting members of the Board of Adjustment is required to pass any application for a Conditional Use Permit.
(E) Unless otherwise specified by the Board of Adjustment, a Conditional Use Permit shall expire if no actual construction has commenced within two years from the date upon which the Conditional Use Permit becomes effective or within two years following the completion of any final appeal of the decision of the Board of Adjustment to issue the Conditional Use Permit.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.181 VARIANCE REQUESTS.
(A) Variances are designed to allow some flexibility in the zoning regulations in cases where there is an exceptional shape of a parcel of land, in cases where use of a property is overwhelmingly affected by exceptional topographic conditions, or in cases of any other extraordinary situation or condition of such a parcel of land. Variances are to be approved only when a property owner demonstrates that the provisions of all or part of these zoning regulations present an undue hardship on such property owner’s use of such parcel land. A variance shall include a description of the specific regulatory item or items in these zoning regulations which are found to produce said undue hardship. Variances shall only be granted when the Board of Adjustments finds that such relief from these zoning regulations will be neither detrimental to the public good nor in conflict with the intent of these zoning regulations. The Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A variance from the terms of this section shall not be granted by the Board of Adjustment unless and until:
(1) An application for variance, available from the Administrative Official, shall be completed by the landowner requesting the variance and shall be accompanied by any required attachments and fees as in § 155.177. The written application for a variance shall indicate the section of this chapter under which the variance is sought and stating the grounds for which it is requested. Completed applications shall be returned to the Administrative Official for review. To be considered by the Board of Adjustment, the application form shall be completed. If any of the information required by § 155.180 has changed since the original building permit application, the revised, updated, or corrected information shall accompany the application for a variance;
(2) The Administrative Official shall review the application and make a recommendation to the Board of Adjustment to either approve or not approve said application. The Administrative Official’s recommendation shall include a summary of the application and reasons and justification for either approval or disapproval of the application;
(3) The Administrative Official shall set the date, time, and place for a public hearing to be held by the Board of Adjustment. The Administrative Official shall notify the adjacent landowners, excluding streets and alleys, by mail at the expense of the applicant at least one week before the public hearing. The Administrative Official shall publish notice of the public hearing with all costs to be paid by the applicant no less than ten days prior to the public hearing in a newspaper of general circulation in the area affected by the proposed variance;
(4) A public hearing shall be held; any party may appear in person or by agent or attorney; and
(5)
The Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A variance from the terms of this section shall only be granted if all of the following are demonstrated by the applicant:
(a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district;
(b) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) The special conditions and circumstance do not result from the actions of the applicant; and/or
(d) Granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(B) Financial disadvantage of the property owner shall not constitute conclusive proof of unnecessary hardship within the purposes of zoning, and no non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(C) The Board of Adjustment shall make findings that the requirements of division (A) above have been met by the applicant for a variance.
(D) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
(E) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(F)
Approval of any variance shall be by a two-thirds majority, or four votes, of all members of the Board of Adjustment. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 155.999 of this code. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly, or implied to be, prohibited by the terms of this subchapter in said district.
(G) Unless otherwise specified by the Board of Adjustment, a variance shall expire if no actual construction has commenced within two years from the date upon which the variance becomes effective or within two years following the completion of any final appeal of the decision of the Board of Adjustment to issue the variance.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.182 APPEALS.
Any persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the filing of the decision in the office of the city Finance Officer.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.183 ZONING AMENDMENTS.
(A) Whenever the public necessity, safety, and general welfare or good zoning practices justifies such action and after consideration and recommendation by the City Planning Commission, as provided herein, the City Council may change zoning district boundaries or use groups or the regulations established by this chapter. A proposed change of zoning district boundaries or regulations may be initiated in the following manners:
(1) A proposed change of zoning district boundaries or textual regulations may be initiated by the City Planning Commission, or City Council.
(2) One or more of the owners of property within the area requested to be rezoned may present a request to change the zoning district boundaries.
(3) Initiated petitions specifying and requesting amendments to the textual regulations of this chapter may be presented to the Administrative Official if said petition(s) contain signatures of 20% of the landowners in the zoning district(s) where the proposed textual amendment would apply. Initiated textual amendments of this chapter shall not be brought to a public vote.
(B) Any such amendment proposing a modification or repeal shall be proposed in an ordinance presented to the Planning Commission and City Council for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance.
(C) Notice of the time and place of such hearing(s) shall be published once ten days prior to the date of the meetings as provided in SDCL Chapter 11-4, and its amendments. Unless otherwise provided for in these regulations, any change in these regulations shall require City Council approval of an ordinance describing said changes. The City Council may not consider said ordinance until the Planning Commission has delivered a recommendation to either approve or not approve said ordinance.
(D) The landowner or other person(s) requesting the amendment shall complete an application for amendment, available from the Administrative Official. Completed applications shall be returned to the Administrative Official for review. To be considered by the Planning Commission and City Council, the application form shall be completed and shall be accompanied by the following items:
(1) Any required attachments and fees including registered or certified mail costs in § 155.177; and
(2) Any additional information requested by the Administrative Official as lawfully may be required to determine conformance with and provide for enforcement of this subchapter.
(E) The Administrative Official shall review the application and shall forward a summary of the application and his or her comments regarding said application to the Planning Commission for its review.
(F) The Administrative Official shall set the date, time, and place for a joint public hearing to be held by the Planning and Zoning Commission and City Council. The Administrative Official shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed amendment; such notice shall be published not less than ten days prior to the public hearing.
(G) If the proposed amendment will change the boundaries of a zoning district, the Administrative Official shall notify all owners of property within 250 feet of the proposed boundary change by registered or certified mail at the expense of the applicant at least one week before the public hearing.
(H) The public hearing shall be held, and any person may appear in person or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning Commission.
(I) The Planning Commission shall either recommend or not recommend approval of the amendment to the City Council.
(J) The City Council shall either approve or not approve the ordinance describing the proposed changes to these zoning regulations in accordance with standard procedures for reading, approval, publication, and effective date.
(K) When the City Council approves a proposed amendment affecting the zoning classification of property, affected property owners may file a written protest to stop such an amendment from taking effect. If the protest meets the following standard, such amendment shall not become effective unless the amendment is approved by two-thirds of the City Council. The protest shall be signed by at least 40% of the owners of equity in the parcels in the area affected by the amendment and the parcels or parts of parcels within 250 feet of the area affected by the amendment.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Statutory reference:
Related provisions, see SDCL Chapter 11-4
§ 155.184 REAPPLICATION.
No application requesting a variance, conditional use, special permitted use, or zoning ordinance amendment or district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board of Adjustment shall again be considered by the Planning Commission, Board of Adjustment or City Council before the expiration of six months from the date of the final action of the Planning Commission, Board of Adjustment or City Council.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)