A Board of Adjustment is hereby established which shall consist of the members of the City Planning Commission as provided for in the provisions of SDCL Chapter 11-4.

   The Mayor and City Council may appoint two alternates for the Board of Adjustment. If a Board of Adjustment member is unable to attend a meeting, the first alternate, or second alternate in turn, shall serve in the member’s place. Alternates may be appointed for a term of three years.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

   (B)    The Board of Adjustment shall keep minutes of its meetings and proceedings showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and it shall keep records of its examinations and other official action all of which shall be filed in the office of the City Finance Officer and shall be a public record. A draft of the unapproved, unofficial minutes will be prepared and available for public inspection ten days following each meeting.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

   The Board of Adjustment shall have the following powers and duties:

         To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administration Official in the enforcement of this chapter and for the interpretation of the official zoning map;

      (1)   To hear and decide only such conditional uses as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter, to decide such questions as are involved in determining whether conditional uses should be granted, and to grant conditional uses with such conditions and safeguards as are appropriate under this chapter or to deny conditional uses when not in harmony with the purpose and intent of this chapter.

      (1)   To hear requests for variances from this chapter in instances where strict enforcement would cause unnecessary hardship, and to authorize, upon appeal in specific cases, such variance from the terms of this chapter as which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

   (A)    Appeals to the Board of Adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the Administrative Official to grant or deny the permit. No other appeal, such as any relating to a ministerial act or other preliminary act to bring an application or matter before the board for hearing and a final decision on the merits is authorized. Such appeals shall be taken within a reasonable time not to exceed 21 days or such lesser period as may be provided by the rules of the Board, and a notice of appeal specifying the grounds thereof shall be filed with the Administrative Official and the Board of Adjustment. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property shall be consolidated and heard on an expedited basis.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

   (A)   An appeal stays all proceedings in furtherance of the action appealed from, except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters prior to final decision by the Board of Adjustment, or unless the Administrative Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause an imminent peril to life and property.

   (B)   In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Administrative Official from whom the appeal is taken, and on due cause shown.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

      (1)   All appeals filed in accordance with this section relating to a particular action, decision, or property shall be consolidated and heard at the same hearing.

      (2)   Ministerial acts or other preliminary acts to bring an application or matter before the Board may not be appealed to the Board of Adjustment.

   (C)    The concurring vote of two-thirds of all members of the Board of Adjustment shall be necessary 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 it is required to pass under this chapter or to affect any variation in the application of this chapter.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

   (A)   The special permitted use procedure is an administrative review process, where the Administrative Official shall have the power to review an application for conformance with the applicable standards and approval criteria and issue a special permitted use permit. Requests for special permitted uses may be granted if it has been determined that the prescribed conditions for a specific use have been met or assurance has been provided that the conditions will be met. A special permitted use permit shall not be granted unless and until:

      (1)   A written application for a special permitted use is submitted, indicating the section of this chapter under which the special permitted use is sought and stating the grounds on which it is requested.

      (2)   The Administrative Official shall review the application for conformance with any prescribed performance standard(s).

      (3)   If the Administrative Official determines that the application is in conformance with the prescribed performance standards, the Administrative Official shall make written findings certifying compliance with the specific standards governing the specific special permitted use permit and that satisfactory provisions and arrangements have been made concerning the prescribed conditions for the special permitted use permit.

      (4)   The Administrative Official shall then issue the special permitted use permit subject to the applicant agreeing to any conditions within this chapter.

      (5)   The Administrative Official shall then issue any other associated building/use permits.

      (6)   If the application does not meet all of the performance standards for the special permitted use, or the applicant fails to meet any of the prescribed conditions or safeguards; the Administrative Official shall determine that the application is not in conformance with this chapter and appropriate special permitted use standards. The applicant may, as appropriate:

         (a)   Apply for a variance from lot area, size of structure(s) or size of yards and open spaces.

         (b)   Apply for Conditional Use Permit, if eligible.

         (c)   Appeal the decision of the Administrative Official in accordance with § 155.213.

      (7)   A special permitted use permit shall expire one year from the date upon which it becomes effective if no actual construction has commenced. Upon written request to the Administrative Official and prior to the special permitted use expiration date, a one year time extension for the special permitted use may be granted by the Administrative Official.

      (8)   If a decision by the Administrative Official to issue a special permitted use permit is appealed to circuit court the special permitted use permit that was granted does not expire for a period of two years following completion of any final appeal of the decision.

(Ord. 622, passed 10-7-2024)