(A)   Administration and enforcement.

      (1)   Administrative official. An administrative official, hereafter known as the Zoning Administrator, designated by the City Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other person as the City Council may deem necessary for the successful enforcement of this chapter. Should the Zoning Administrator find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the party or parties responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct the violation. He or she shall order discontinuance of illegal use of land; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

      (2)   Building permits required. No building or other structure shall be erected, constructed, enlarged, altered, repaired, improved, moved or demolished without a permit having been issued by the Building Official, except those projects specifically exempted by ordinance. No building permit shall be issued except in conformity with the provisions of this chapter, unless he or she receives a written order from the Board of Adjustment in the form of an administrative review, special exception or variance as provided by this chapter.

      (3)   Application for building permit.

         (a)   All applications for building permits shall be accompanied by two sets of plans showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. A third complete set of construction plans shall be submitted for new construction.

         (b)   The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed buildings or alterations, existing or proposed uses of buildings 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 conformance with, and provide for the enforcement of, this chapter.

         (c)   One copy of the plans, bearing the building permit number, the review date and stamped as “reviewed,” shall be returned to the applicant by the Building Official and one copy of the plans, similarly marked, shall be provided to the subcontractor responsible for the construction of the foundation, where applicable, and one copy shall be kept on file in the office of the Building Official for a period of three years from the date of the issuance of the building permit, commercial documents shall be kept for a period of five years.

      (4)   Expiration of building permit. If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be canceled by the Building Official; and written notice thereof shall be given to the persons affected, if the work described in any building permit has not been completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. Uncompleted projects that have not obtained a new building permit shall be deemed a dangerous building and shall be ordered to be removed or demolished to the point where they are not a public nuisance, public danger or considered a blight on the neighborhood by the governing body.

      (5)   Construction and use to be as provided in applications, plans and permits. Building permits issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement and construction set forth in such approved plans and applications, and on other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.

   (B)   Board of Adjustment.

      (1)   The governing body, except as otherwise provided in SDCL § 11-4-13, shall provide for the appointment of a Board of Adjustment, hereinafter referred to as the “Board.” The Board shall consist of five members, each a resident of the City of Hot Springs. The members and alternates shall be appointed by the Mayor and approved by the City Council. Each member is appointed for a term of three years and removable for cause by the governing body upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only.

      (2)   The Board shall elect a Chairperson from its membership, shall appoint a Secretary, and shall prescribe rules for the conduct of its affairs. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine at a fixed time and place. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. It shall have power to call on any other departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render all such assistance as may be reasonably required. In the case of all appeals, the Board shall call upon the governing body for all information pertinent to, and their recommendations.

   (C)   Powers of the Board of Adjustment. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses, and in the furtherance of their duties shall have the following powers.

      (1)   The Board shall have the power to hear and decide appeals wherein it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter.

      (2)   To hear and decide special exception to the terms of the ordinance upon which such Board is required to pass under such ordinance.

      (3)   To authorize upon appeal in specific areas such variance from terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.

   (D)   Appeal procedures to the Board.

      (1)   The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.

      (2)   Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter.

      (3)   Such appeal shall be taken within a reasonable time, as provided from whom the appeal is taken and with the Board, the notice of appeal specifying the grounds thereof. 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.

      (4)   An appeal to the Board stays all proceedings in the action appealed from, unless the officer from whom the appeal is taken shall file a certificate that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise 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 officer from whom the appeal is taken and on due cause shown.

      (5)   The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

      (6)   In exercising the powers mentioned, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

      (7)   The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

   (E)   City Council. In lieu of appointing a Board of Adjustment, the City Council of this city may act as and perform all the duties and exercise the powers of such Board of Adjustment as provided in SDCL § 11-4-24.

   (F)   Governing body. The governing body shall:

      (1)   Establish such rules of procedure as are necessary to the performance of its function hereunder;

      (2)   Review and decide all applications for uses permitted on review in accordance with § 155.073; and

      (3)   Study and report on all proposed amendments to this chapter.

(Prior Code, § 27-A-08-01) (Ord. 1210, passed 4-6-2020)

   The purpose of the variance is to modify the strict application of the specific requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his land; the variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his or her lot as the zoning ordinance intended.

   (A)   Application procedure.

      (1)   A property owner may make application for a variance using forms available from the Zoning Administrator. Fees, as set forth in § 155.075, shall accompany the application.

      (2)   The applicant shall, by certified mail, notify all property owners within 200 feet of the subject property, exclusive of rights-of-way, as to the nature of the variance request and the time and date and location at which the request will be considered. A list of those property owners and their mailing addresses shall be provided to the City Finance Officer prior to the public hearing on the matter.

      (3)   Upon application for a variance, the applicant shall place a sign, provided by the city, on the property in clear view of the street identifying that the property is being considered for a zoning variance. The sign shall be placed on the structure or post not less than ten days prior to the public hearing on the matter and shall remain until a decision on the request has been made.

      (4)   Upon receipt of the application, legal notice shall be published in the city’s official newspaper of the date, time and place of the public hearing at least ten days prior to the hearing.

      (5)   The Board shall issue its decision within 30 days of the hearing, except that the applicant may request a continuance.

   (B)   Standards for variances.

      (1)   Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography or siting) fully described in the finding of the Board, do not apply generally in the district.

      (2)   Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.

      (3)   For reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicants of any reasonable use of their land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.

      (4)   Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.

      (5)   The granting of any variance is in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the comprehensive plan for development.

   (C)   Requirements for the granting of a variance. Before the Board shall have the authority to grant a variance, the persons claiming the variance have the burden of showing:

      (1)   The granting of the permit will not be contrary to the public interest;

      (2)   The literal enforcement of this chapter will result in unnecessary hardship;

      (3)   That by granting the permit contrary to the provisions of this chapter, the spirit of this chapter will be observed;

      (4)   By granting the permit, substantial justice will be done.

   (D)   Denial of variance. In the event the request for a variance is denied by the Board, reapplication shall not be permitted for a period of one year, unless the Zoning Administrator determines that the circumstances surrounding the request have substantially changed.

   (E)   Court review. Any person, firm or corporation aggrieved by any decision of the Board may appeal the decision to the Circuit Court. Appeals must be made within 30 days of the decision of the Board. See § 155.076.

   (F)   Costs. Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted with gross negligence or in bad faith or with malice in making the decision appealed from.

(Prior Code, § 27-A-08-02)

   No new building shall be occupied and no change in occupancy or use of a building or part of a building shall be made unless the Building Official has issued a certificate of occupancy therefor as regulated by the International Building Codes as adopted by the city.

(Prior Code, § 27-A-08-03)

   The following procedure is established to integrate properly the uses permitted on review with other land uses located in the district; these uses shall be reviewed by the governing body and authorized or rejected under the following procedure.

   (A)   Application procedure.

      (1)   A property owner may make application to the City Council for a use permitted on review using forms available from the Zoning Administrator. Fees, as set forth in § 155.075, shall accompany the application.

      (2)   The applicant shall, by certified mail, notify all property owners within 200 feet of the subject property, exclusive of rights-of-way, as to the nature of the use permit request and the time and date and location at which the request will be considered. A list of those property owners and their mailing addresses shall be provided to the City Finance Officer prior to the hearing.

      (3)   Upon application for a use permit, the applicant shall place a sign, provided by the city, on the property in clear view of the street identifying that the property is being considered for a use permit variance. The sign shall be placed on the structure or post not less than ten days prior to the public hearing on the matter and shall remain until a decision on the request has been made.

      (4)   Legal notice shall be published in the city’s official newspaper of the date, time and place of the public hearing at least ten days prior to the hearing.

      (5)   The City Council shall issue its decision within 30 days of the hearing, except that the applicant may request a continuance not to exceed 60 days.

   (B)   Requirements for submission.

      (1)   An applicant shall submit the documents necessary to convey to the City Council the entirety of the proposed use, including:

         (a)   The location and legal description of the property;

         (b)   Position, size and use of all structures, improvements and facilities to be constructed or reconstructed including new use floor layouts;

         (c)   If applicable, landscape, lighting and drainage plan;

         (d)   Parking, off-street parking plan;

      (2)   In consideration of a request for a use permitted on review, the Council may take into account factors including, but not limited to:

         (a)   Conformance with the goals and policies of the comprehensive plan;

         (b)   Compatibility with existing and potential permitted uses in proximity to the proposed use;

         (c)   Public safety issues relating to projected traffic generated by the proposed use;

         (d)   Community benefit of the proposed use;

         (e)   Aesthetic considerations related to the scope and size of the proposed use; and

         (f)   Adequacy of public services for the proposed use.

      (3)   The City Council shall issue its decision within 30 days; except that the applicant may request a continuance not to exceed 60 days.

      (4)   The City Council may impose such conditions regarding the location, character or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter. An approved use permit shall be implemented within six months from the date of approval unless otherwise expressly requested by the applicant and approved by Council. Any use permit not implemented within that specified time period will be deemed a discontinued use and the use permit shall be void.

         (a)   Any approved use permitted by a use permit that has been suspended or discontinued for 12 continuous months shall be deemed a discontinued use and the use permit shall be void.

         (b)   Additional landscaping, screening, facade improvements, architectural light and similar improvements may be required by the Council to ensure the special use blends into the zone and does not cause any blight, or negative impacts on neighbors.

      (5)   Denial of request. In the event the request for a use on review is denied by the City Council, reapplication shall not be permitted for a period of one year, unless the Zoning Administrator determines that there has been a substantial change in circumstance surrounding the request.

      (6)   Failure to comply with any of the requirements of the use on review approval is cause for action by the Council to suspend or rescind the approval and legal action may be taken as stated in § 10.99.

(Prior Code, § 27-A-08-04) (Ord. 1172, passed 12-19-2016)

   The regulations, restrictions, boundaries and options set forth in this chapter may be amended, supplemented, revised or repealed from time to time as conditions warrant, subject to the following conditions.

   (A)   Text or map amendments. Proposed amendments shall:

      (1)   Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally;

      (2)   Be consistent with the intent and purposes of the ordinance;

      (3)   Not directly or indirectly adversely affect any other part of the ordinance;

      (4)   Be consistent with and not in conflict with the Hot Springs Comprehensive Plan;

      (5)   Errors or oversights as may be found in the ordinance as originally adopted shall be corrected under the normal amendment procedure; and

      (6)   No new zoning district shall be created to contain an area of less than four acres. The four acres need not be under common ownership.

   (B)   Text amendment request. Text amendment requests shall be filed with the Zoning Administrator. Requests may be initiated by the Commission, City Council or the Zoning Administrator.

      (1)   General. The proposed amendment shall be presented at a regularly scheduled meeting of the Commission, at which time the Commission may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.

      (2)   Hearing by the Commission. The Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Commission shall forward its recommendation to the City Council.

      (3)   Hearing by City Council. The City Council shall publish once, at least ten days prior to the hearing, notice of a final public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Commission, the City Council may refuse or adopt the ordinance, with or without amendment.

   (C)   Map amendment request. An application for a map amendment shall be filed with the Zoning Administrator. Rezoning requests may be initiated by either the property owner or a designated representative, or by an appropriate governmental agency. If by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application.

      (1)   Application. The proposed application shall be presented at a regularly scheduled meeting of the Commission, at which time the Commission may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.

      (2)   Notification procedure. The applicant shall notify by certified letter, at least ten days in advance of the public hearing, the owners of equity of all property in the city limits within 200 feet, exclusive of streets and alleys, from any part of the property subject to the rezoning, of the date, place and time of the public hearing. Such notification shall fully set forth a description of the development plan for the property, if any, in the event the rezoning request is approved.

      (3)   Hearing by the Commission. The Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Commission shall forward its recommendation to the City Council.

      (4)   Hearing by City Council. The City Council shall publish once, at least ten days prior to the hearing, notice of a final public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Commission, the City Council may refuse or adopt the ordinance, with or without amendment.

   (D)   Vacating of streets and alleys.

      (1)   The vacating of unimproved streets and alleys shall be pursuant to SDCL § 9-45.

      (2)   The vacating of improved streets and alleys shall be pursuant to SDCL § 9-45 and shall be subject to review by the City Planning and Zoning Commission in accordance with the § 154.03(D).

      (3)   Streets and alleys may be vacated by the city reserving, however, any easements and rights-of-way presently existing in said street or alley for public utility or drainage purposes.

      (4)   The petitioner(s) shall, by certified mail, notify all property owners within 200 feet of the subject property, exclusive of rights-of-way, as to the nature of the request and the time and date and location at which the request will be considered. A list of those property owners and their mailing addresses shall be provided to the City Finance Officer prior to the public hearing on the matter.

      (5)   Upon application, the petitioner(s) shall place a sign, provided by the city, on or adjacent to the street or alley in question, in clear view of the street identifying that the property is being considered for vacation. The sign shall be placed no less than ten days prior to the public hearing on the matter and shall remain until a decision on the request has been made.

   (E)   Time limit and notification.

      (1)   All proposed amendments shall be scheduled for public hearing within 45 days of receipt of such proposal, unless an extension is mutually agreed upon by the interested parties.

      (2)   All proposed amendments shall be decided by the governing body within 60 days of the public hearing.

(Prior Code, § 27-A-08-05)

   Fees for all permits required herein, and fees required for filing of appeals, and fees for applications for amendments to this chapter shall be established as follows and be collected by the following.

 

 

(Prior Code, § 27-A-08-06)

   An applicant may be denied a building permit, business occupancy permit, plat, re-plat, rezoning application, variance, use on review permit, or other use of property or for a use allowed by this chapter if, at the time of application, an amendment is pending, which if adopted, would proscribe the proposed use.

(Prior Code, § 27-A-08-07)

   In the interpretation and application of the provisions of this chapter, these provisions shall be held to a minimum requirement adopted for the promotion of the public health, morals, safety and the general welfare. Whenever the requirements of this chapter are at variance with the requirements of other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards shall govern.

(Prior Code, § 27-A-08-10)

   It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure, or to use any land in violation of any regulation in this chapter. Any person, firm, association or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of an amount as set by the City Council from time to time, together with the cost of the action. Every day of violation shall constitute a separate offense. Compliance therewith may also be enforced by injunctional order at the suit of the petitioner or the owner or owners of real estate within the district affected by the regulation of this chapter.

(Prior Code, § 27-A-08-08)