The Lawrence County Commissioners shall provide for the appointment of a Board of Adjustment. The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances, and hear appeals to the terms of these regulations in harmony with the general purpose and intent and in accordance with general and specific rules herein contained.

(Ord. 22-04, passed 4-11-2023)

   (A)   The Board shall meet at the regularly scheduled meetings of the County Commission. All meetings of the Board shall be open to the public and all business coming before the Board shall be transacted at such meetings.

   (B)   The Board shall keep minutes of its proceedings, records of examinations and other official actions, all of which shall be filed in the Auditor’s Office and shall be a public record.

(Ord. 22-04, passed 4-11-2023)

   The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Planning Director in the enforcement of these regulations.

(Ord. 14-01, passed 6-6-2014, Ch. 15, § 1.1; Ord. 22-04, passed 4-11-21023)

   The Zoning Board of Adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case and shall use the following considerations to do so:

   (A)   The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

   (B)   The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use.

   (C)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located.

   (D)   The proposed variance will not unreasonably impair an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area.

   (E)   That because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

   (F)   That the variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations.

   (G)   The Board of Adjustment shall hear and make determinations on variance to exceed the height limits as established by these regulations.

   (H)   The Board of Adjustment, under its authority to grant variances may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.

(Ord. 14--01, passed 6-6-2014, Ch. 16, §§ 1.1, 1.5; Ord. 22-04, passed 4-11-2023)

   (A)   Any person, firm or corporation desiring a variance or wishing to appeal a decision of the Planning Director or authorized representatives shall make application for such request to the Office of Planning and Zoning. Such an application shall be provided by the Office and be completed in full by the applicant.

   (B)   The application for a variance shall include a site plan and a written summary to include, at a minimum, the following information:

         (a)   Setbacks from all property lines, roads, streets, easements and section lines, if applicable;

         (b)   Location of all existing and proposed structures;

         (c)   All incidental uses such as wells, septic tanks, drain fields, waterways, driveways, utilities, existing easements, slopes, and the like;

         (d)   Property lines with dimensions;

         (a)   A detailed reason for the request;

         (b)   Proposed time line of completion of plans;

         (c)   Adjacent land uses;

         (d)   Relationship of the proposed development to the surrounding area;

         (e)   A letter from the appropriate fire district in regard to fire protection;

         (f)   A letter from any entity which may have joint jurisdiction over the property; and

         (g)   Other pertinent information, as required, to include, but not be limited to, e.g., outside engineer/plan/inspector review of all plans and drawings; wetland information, streams, geotechnical information, on-site wastewater disposal systems, percolation tests, soil profiles, and the like, solely at the owner’s expense.

   (C)   The application for a an appeal shall include a written summary to include, at a minimum, the following information:

         (a)   A detailed reason for the request.

(Ord. 14-01, passed 6-6-2014, Ch. 15, § 1.2, Ch. 16, § 1.2; Ord. 22-04, passed 4-11-2023)

   Upon the filing of any application for a variance to the Board of Adjustment, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required.

(Ord. 14-01, passed 6-6-2014, Ch. 15, § 1.3, Ch. 16, § 1.4; Ord. 22-04, passed 4-11-2023)

   The Planning Department shall review the completed variance or appeal application for compliance with this title. Any application not containing and/or addressing all the information required in § II-15.005 shall be rejected and returned to the applicant together with the reasons for rejection. If the Planning Department determines the application in compliance with this title then the following specific procedure will apply, depending on the type of application listed:

      (1)   A Planning and Zoning recommendation meeting will be scheduled for the next regular meeting.

      (2)   A recommendation meeting will be held in front of the Planning and Zoning Board. The Planning and Zoning Board shall make recommendation to approve or deny the variance application within 30 days of the initial hearing of the application. If the action is to deny the variance application, the reasons for such action shall be stated in the minutes and specific reference shall be made to the requirements not met.

      (3)   After the recommendation meeting has been held, a public hearing will be scheduled in front of the Board of Adjustment.

      (4)   A notice of public hearing sign will be furnished by the Planning Department, and posted by the Planning Department. The sign must be posted no less than ten days prior to the date of the hearing and must remain posted until final action by the Board of Adjustment.

      (5)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the Board of Adjustment will review and consider the variance application.

      (6)   The Planning Department shall create a staff report with recommendations to the Board of Adjustment for either approval or denial of the application.

      (7)   Within 45 days of the receipt of the Planning and Zoning Board’s recommendation, the Board of Adjustment shall take action to approve or deny the variance request.

      (1)   A public hearing in front of the Zoning Board of Adjustment will be scheduled for the next regular meeting.

      (2)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the Board of Adjustment will review and consider the appeal application.

      (3)   The Planning Department shall create a staff report with recommendations to the Board of Adjustment for either approval or denial of the application.

      (4)   Within 45 days, the Board of Adjustment shall take action to approve or deny the appeal request.

(Ord. 14-01, passed 6-6-2014, Ch. 15, § 1.4, Ch. 16, § 1.4; Ord. 15-01, passed 6-5-2015; Ord. 22-04, passed 4-11-2023)

   All requests under this chapter shall be acted upon at a meeting of the Zoning Board of Adjustment. A favorable vote by a majority of the members of the Board shall be required to approve each request.

(Ord. 22-04, passed 4-11-2023)

   Appeals may be taken to the Circuit Court by any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the County, aggrieved by any decision of the Board of Adjustment, in the manner and form provided by the statutes of the State of South Dakota, in such cases made and provided.

(Ord. 22-04, passed 4-11-2023)

   Any order of the Board of Adjustment granting a variance may be declared invalid by the Board of Adjustment unless substantially completed within two years from the date of such order. The Planning Director shall notify the property owner of record upon invalidation of a variance.

(Ord. 22-04, passed 4-11-2023)