Fort Pierre City Zoning Code
ADMINISTRATION AND
ENFORCEMENT GENERALLY
§ 159.030 LAND USE PLANNING AND ZONING JURISDICTION.
(A) The purpose of this section is to identify the jurisdiction of the city concerning its comprehensive planning and zoning powers.
(Prior Code, § A-3-1)
(B) The comprehensive planning and zoning powers of the city shall apply to land within the corporate limits of the city, subject to the provisions of SDCL §§ 11-6-12 and 11-6-12.1, and to land within one mile of the corporate limits to the extent granted by the county. Any zoning ordinance intended to have application beyond the corporate limits of the municipality shall expressly so provide, and any such ordinance shall be adopted in accordance with the provisions of SDCL Ch. 11-4. Jurisdiction shall not extend more than half the distance to the corporate limits of any other legally incorporated and functioning municipality.
(Prior Code, § A-3-2)
Editor’s note:
As an additional reference, see Res. 680, passed 8-6-1990.
Statutory reference:
Related provisions, see SDCL §§ 9-29-1, 11-6-10 and 11-6-11 and SDCL Ch. 11-4
§ 159.031 BOARD OF ADJUSTMENT AND APPEALS.
(A) A Board of Adjustment and Appeals is hereby created, which shall consist of five members appointed by the Mayor with the approval of the City Council. Each member shall serve for a term of three years and until his or her successor is appointed and qualified, but of the members first appointed pursuant to this section, two shall serve for terms of one year, two for terms of two years and one for a term of three years. Vacancies shall be filled by the Mayor, with the approval of the Council, for the unexpired portion of the term. Any appointed member may be removed by the appointing authority for cause upon written charges presented at a public hearing.
(B) Three-fourths of the members of the Board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. Three-fourths of the Board must agree for any action to be taken. The Board shall keep a written record of all its proceedings, which shall include minutes of its meetings showing the vote of each member, or if absent or failing to vote, an indication of such fact; records of its examinations and official actions; its findings; and final orders indicating the action taken on each matter heard by the Board.
(C) The Board shall adopt rules for its own proceedings, which shall provide, among other things, for regular meetings at the call of the Chairperson and at such other times as the Board may determine. The rules shall also provide for a time limit within which appeals may be taken as provided herein. The Board shall annually select a chairperson, vice-chairperson and secretary. No member of the Board shall receive compensation, except as fixed by the Council.
(D) Subject to appeal to a court of record, as provided in SDCL § 11-4-25, the Board of Adjustment and Appeals must hear and decide appeals and requests in the following cases:
(1) Appeals wherein an error is alleged in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter;
(2) Applications for special use permits; and
(3) Requests for variances from the literal provisions of this chapter whenever strict enforcement of the same would result in unnecessary hardship because of circumstances unique to the individual property under consideration.
(E) Appeals from an administrative order or decision must be taken within 45 days by filing a notice of appeal with the officer from whom the appeal is taken and the Secretary of the Board. Upon receipt of the notice of appeal, the officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Within 30 days after the appeal is filed, the Board of Adjustment and Appeals must set a date for a hearing thereon, give public notice thereof and hear such persons as may wish to be heard, either in person or by attorney. Notice of the hearing shall be mailed not less than ten days before the date thereof to the person or persons who filed the appeal. Within a reasonable time after the hearing, the Board shall make its order deciding the matter, and a copy thereof shall be served forthwith upon the appellant by mail. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.
(F) Requests for variances must be filed in writing with the Secretary of the Board of Adjustment and Appeals and shall state fully the grounds therefor and the facts relied upon by the applicant. Within 60 days after the request is filed, the Board of Adjustment and Appeals shall set a date for a hearing therein, give public notice thereof and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of the hearing shall be mailed to the person or persons who filed the request. Within a reasonable time after the hearing, the Board shall make its order deciding the matter, and a copy thereof shall be served forthwith upon the appellant or applicant by mail.
(G) In granting a variance, the Board of Adjustment and Appeals may attach thereto such conditions as it deems necessary to secure compliance and protect adjacent properties. The Board may not permit as a variance any use that is not permitted under city ordinance for property in the district wherein the property is located.
(H) No variance shall be granted or recommended unless the Board finds that:
(1) Special circumstances or conditions affecting the property are such that strict enforcement of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right; and
(3) The variance will not be detrimental to the public welfare nor injurious to other property in the area in which the affected property is located.
(I) The concurring vote of four members of the Board will be necessary to reverse any order, requirement, decision or determination of an administrative officer, to decide in favor of the applicant on any matter upon which it is required to pass pursuant to this chapter or to effect any variation in such chapter.
(Prior Code, § Q-11-103) (Ord. 818, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 11-4-14 through 11-4-17, 11-4-19 through 11-4-23 and 11-14-13
§ 159.032 PLANNING AND ZONING COMMISSION.
The City Planning and Zoning Commission shall consist of five members and one alternate, who shall be resident electors of the city qualified by knowledge or experience to act in matters pertaining to the development and administration of a city plan and who shall not hold any elective office in the city government, and one member who shall be a resident of the extraterritorial mile, qualified by knowledge or experience to act in matters pertaining to the development and administration of a city plan and who shall not hold any elective office in the county government. A resident elector of the city shall serve for a term of five years and until his or her successor is appointed and qualified to allow for an overlapping of tenures. The resident of the extraterritorial mile shall serve for a term of one year and until his or her successor is appointed and qualified. The members of the City Planning and Zoning Commission shall be appointed by the Mayor subject to the approval of the City Council. All terms of the Commission members and officers shall expire on May 1 in any given year.
(Prior Code, § Q-11-104) (Ord. 859, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 11-6-2, 11-6-3 and 11-6-7 through 11-6-9
§ 159.033 ADMINISTRATION AND ENFORCEMENT.
This chapter, except as provided in §§ 159.065 through 159.083 of this chapter, shall be administered and enforced by the Director of Public Works or his or her designee. An appeal concerning the decision of the Director of Public Works or his or her designee may be made to the Board of Adjustment and Appeals as herein provided.
(Prior Code, § Q-1-113) (Ord. 912, passed - -)
Statutory reference:
Related provisions, see SDCL § 11-4-3