Sec. 17.20.01.

Permits required. 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 ordinance, unless the Administrative Official has received a written order from the Board of Adjustment in the form of an administrative review, under conditional use or variance as provided by this ordinance.

Sec. 17.20.02.

Applications. All applications for permits shall be accompanied by plans 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 buildings already existing, if any; 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 Construction Documents as required in Chapter 6 [10] of these Ordinances; 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 ordinance.

Sec. 17.20.03.

Fee schedule.

The City Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for use permits, certificates of zoning compliance, amendments, appeals, and other matters pertaining to this ordinance. The schedule of fees may be altered or amended only by the City Commission.

The current fee schedule shall be available from the Administrative Official or Finance Officer. All fees shall be the property of the City and shall be paid over to the 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.

Sec. 17.20.04.

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, and other use, arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 17.01.02 of this Code.

Sec. 17.20.05.

Expiration of use permit. Any use permit or variance shall expire one year from the date upon which it became effective if no work has commenced. Upon written request to the Administrative Official and prior to the use permit or variance expiration date, a one-year time extension for the conditional use permit or variance may be granted by the Administrative Official, subject to the following conditions:

1.

There was no public objection presented during the public hearing process (if required) for the original conditional use permit;

2.

The land uses for the surrounding properties have not significantly been altered since the original approval date for the use permit; and

3.

There are collateral on-going permitting processes or necessary engineering/planning studies relating to the specific project for the conditional use permit or variance that may impact the one-year schedule for project completion.

Sec. 17.21.01.

Establishment and purpose. The position of Administrative Official is hereby established for the City of Madison. The City Engineer shall serve as Administrative Official. Further, he/she may be provided with the assistance of such other persons as the City Commission may direct. The Administrative Official shall administer and enforce this ordinance. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative Official and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official.

Sec. 17.21.02.

Duties/powers. The powers and duties of the Administrative Official shall be as follows:

1.

Issue all building permits and make and maintain records thereof.

2.

Conduct inspections of buildings, structures, and the use of land to determine compliance with this Ordinance.

3.

Notify in writing persons responsible for violations, indicating the nature of the violation and ordering action necessary to correct it.

4.

Order discontinuance of illegal use of land, buildings, or structures; 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 Ordinance to ensure compliance with or to prevent violation of its provisions.

5.

Revoke any permit which was unlawfully issued or any permit wherein defective work has been performed, and when such work has not been corrected within 90 days of notification.

6.

Maintain permanent and current records of this regulation, including, but not limited to, all maps, amendments, variances, appeals, and applications.

7.

Provide public information relative to all matters arising out of this Ordinance.

8.

Forward to the Planning Commission all applications for amendments to this Ordinance.

9.

Forward to the Board of Adjustment, applications for appeals, conditional use permits, variances, or other matters on which the Board of Adjustment is required to pass under this Ordinance.

10.

Initiate, direct, and review, from time to time, a study of the provisions of this Ordinance, and to make such reports available to the Planning Commission. The Administrative Official shall receive applications for Building Permits, Conditional Uses, Variances, and Zoning Amendments.

a.

For Building Permits, the Administrative Official shall approve the application only in accordance with the provisions of the City's Zoning Regulations.

b.

For Conditional Uses and Variances, the Zoning Administrator shall review the application, and shall make a recommendation to the Board of Adjustment to either approve or not approve said application.

c.

For Zoning Amendments, the Administrative Official shall review the application, and shall make comments regarding said application to the Planning Commission.

Sec. 17.22.01.

Planning commission created. There is hereby created a Planning Commission for the City of Madison, South Dakota, and for land within three miles of its corporate limits.

Sec. 17.22.02.

Membership of the planning commission. The City Planning Commission shall consist of seven members appointed by the Mayor subject to the approval of the Board of Commissioners. The members 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 who shall not hold any elective office in the municipal government. The City Engineer shall be an ex officio member without a right to vote.

Sec. 17.22.03.

Temporary addition to planning commission of resident of affected outside area. For the purpose of carrying out any of the provisions of Sections 17.22.03 to 17.22.15 of this Code, inclusive, the Board of Commissioners may temporarily add as a member of the City Planning Commission a resident of the area to be affected by proposed official municipal controls outside the corporate limits of the City.

Sec. 17.22.04.

Terms of members. The terms of each of the appointed members of the City Planning Commission shall be for five years except that when the commission is first appointed, four members shall be appointed for two years, and the balance of the members shall be appointed for three years. Thereafter, appointments of each member shall be for terms of five years so that there will be an overlapping of tenures.

Sec. 17.22.05.

Vacancies. Any vacancy in a membership on the City Planning Commission shall be filled for the unexpired term in the same manner as for appointment.

Sec. 17.22.06.

Removal of members. The Mayor, with the confirmation of the Board of Commissioners, shall after public hearing, have authority to remove any member of the City Planning Commission for cause shall be stated in writing and made a part of the record of such hearing.

Sec. 17.22.07.

Compensation of members. All members of the City Planning Commission shall serve as such with compensation in the amount of $25.00 per meeting in addition to actual expenses, which shall be subject to the approval of the Board of Commissioners.

Sec. 17.22.08.

Chairman and officers. The City Planning Commission shall elect its chairman from among its members for a term of one year with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of the Commission.

Sec. 17.22.09.

Meetings, rules and records. The City Planning Commission shall hold at least one regular meeting each month. It shall adopt rules for transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations which shall be a public record.

Sec. 17.22.10.

Function of finance officer. The Finance Officer, or his deputy, shall act as secretary of the City Planning Commission, but shall not be a member thereof.

Sec. 17.22.12.

Employees and contracts for special services. Relative to the provisions of this article the Board of Commissioners may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding civil employees of the City. The Board of Commissioners may also contract with City planners, engineers, architects, and other consultants as well as federal, state, and local agencies for such services as it may require.

Sec. 17.22.13.

Information furnished by public officials; examinations and surveys; general powers. All public officials shall, upon request, furnish to the City Planning Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the Commission shall have all such powers as may be necessary to enable it to fulfill and perform its functions, promote municipal planning or carry out all the purposes of this chapter.

Sec. 17.22.14.

Expenditures. The expenditures of the Planning Commission, exclusive of those made from funds received by gift, shall be within the amounts appropriated for the purpose by the local legislative body, which shall provide the funds, equipment, and accommodations necessary for the Commissions' work.

Sec. 17.22.15.

Other contracts. All contracts and agreements relating to the work of the Planning Commission and for services or materials required by it shall be made by the Board of Commissioners in its discretion.

Sec. 17.23.01.

Establishment of the board of adjustment. A Board of Adjustment is hereby established, which shall consist of the members of the Planning Commission, to hear and decide appeals arising from administrative interpretation of this Ordinance and to allow variances and conditional uses as provided in Chapter 11-4 of the South Dakota Compiled Laws and Amendments.

Sec. 17.23.02.

Procedures for meetings.

The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board of Adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

The Board of Adjustment 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 a public record and be immediately filed in the office of the Board of Adjustment.

Sec. 17.23.03.

Hearings; appeals; notice.

Appeals to the Board of Adjustment concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer of the governing body of the City affected by any decision of the Administrative Official. Such appeals shall be taken within a reasonable time, not to exceed 60 days of such lesser period as may be provided by the rules of the Board, by filing with the Administrative Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

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

Sec. 17.23.04.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from 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, that by reason of facts stated in the certificate, a stay would, in his opinion, cause an imminent peril to life and property. In such case 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.

Sec. 17.23.05.

Powers and duties of board of adjustment. The Board of Adjustment shall have the following powers and duties:

1.

Administrative Review.

a.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of this Ordinance.

b.

To hear and decide appeals to decisions made by the Administrative Official regarding Zoning Permits.

2.

Conditional Uses. To hear and decide only such conditional uses as the Board of Adjustment is specifically authorized to pass on by the terms of this Ordinance; 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 Ordinance, or to deny conditional uses when not in harmony with the purpose and intent of this Ordinance.

3.

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

Sec. 17.23.06.

Alternate members. A first alternate member of the Board of Adjustment shall be the ex-officio member of the City Commission assigned to the Planning Commission. A second alternate may be appointed by the Mayor subject to the approval of the Board of Commissioners. If a Board of Adjustment member is unable to attend a meeting or chooses to abstain from acting on a specific item, the first alternate, or second alternate, in turn, shall serve in the member's place.

(Ord. No. 1536, 12-3-2012)

Sec. 17.24.01.

Building permits. No new development, change of use, moving in/moving out of structures, demolition, or other action which may be regulated by the provisions of this ordinance including use, height, number of occupants, lot area, off-street parking or yard requirements, shall occur without a Building Permit issued by the Administrative Official. Building 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 specifications. Any use, arrangement, or construction at variance without authorization shall be deemed a violation of this regulation and shall be punishable as provided by this regulation. The failure to obtain the necessary building permit shall be punishable under this regulation.

1.

An Application for a Building Permit, accompanied with the appropriate fee, available from the Administrative Official or Finance Officer, 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:

a.

Applications for building permits shall be accompanied by a set of plans drawn to scale with the following information indicated in order to determine compliance with this Ordinance.

b.

A plot plan, 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, and 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.

c.

The location of the said lot with respect to existing rights-of-way and adjacent lots.

d.

A letter of certification stating that the lot to be built upon has been accurately surveyed.

e.

Any other information which the Administrative Official may deem necessary for consideration in enforcing the provisions of this Ordinance.

f.

Any other construction documents as required in Chapter 6 of these Ordinances.

g.

Any of the above requirements may be waived by the Administrative Official in cases of permits to alter the interior of any existing structure or in the event lot markers (pins) have been located.

2.

One copy of the plans 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. One copy of the plans, similarly marked, shall be retained by the Administrative Official.

3.

If the Administrative Official determines the proposed action would not be in compliance with the provisions of these regulations, a building permit may not be issued, and the applicant may then appeal the action of the Administrative Official to the Board of Adjustment.

Sec. 17.24.02.

Conditional uses. Conditional Uses are allowed for certain uses in some districts. 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.

1.

The following procedure shall be followed by the Board of Adjustment in considering the recommendation of the Administrative Official. A Conditional Use Permit from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

a.

An application for a Conditional Use Permit, available from the Administrative Official, shall be completed by the landowner requesting the Conditional Use Permit. The application shall further be accompanied by any required attachments and fees, as in Article III, Section 17.20.03. The written application for a Conditional Use shall indicate the section of this Ordinance 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.

b.

To be considered by the Board of Adjustment, the application form shall be completed. If any of the information required by Article III, Section 17.24.01(1)(a) has changed since the original Building Permit application, the revised, updated or corrected information shall accompany the application for a Conditional Use Permit.

c.

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 disapproval of the application.

d.

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 landowner and the adjacent landowners, excluding streets, and alleys, by Registered or Certified Mail, at least one week before the public hearing. In situations that involve rental lots, such as is commonly encountered in the Manufactured Housing Residential District Zone, only the real property nearest the rental lot and also the adjacent rental lots, that is to say the adjacent renters, shall be considered "adjacent landowners" and shall receive the required notices. The Administrative Official shall post notices of the public hearing at the City Office. 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.

e.

The applicant shall place upon the property subject to the application, a sign (to be approved by the City) indicating a conditional use permit is being sought. The applicant shall provide to the City a Certificate of Compliance indicating the sign with notice was in place not less than ten days prior to the public hearing.

f.

A public hearing shall be held. Any party may appear in person, or by agent or attorney.

g.

The applicant, at the time of hearing, before the Board of Adjustment shall submit either a petition signed by the neighbors stating their approval of the requested conditional use permit or variance, or in the alternative shall provide documentation establishing that all adjacent landowners were notified by certified mail at least ten days prior to the hearing of the application for conditional use permit or variance.

h.

The Board of Adjustment shall make a finding that it is empowered or not empowered under the section of this ordinance described in the application to grant the Conditional Use Permit, and that the granting of the Conditional Use Permit is either consistent or inconsistent with the intent of these Zoning Regulations and will or will not adversely affect the public interest.

i.

Before any Conditional Use shall be issued, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual Conditional Uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:

i.

Entrance and exit to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

ii.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the District;

iii.

Utilities, refuse, and service areas, with reference to locations, Availability, and compatibility;

iv.

Screening and buffering with reference to type, dimensions, and character;

v.

Required yards and other open space; and

vi.

General compatibility with adjacent properties and other property in the district.

2.

Approval or denial of any application for a Conditional Use permit shall be by a two-thirds majority of the present and voting members of the Board of Adjustment.

3.

In order to preserve the intent of these Zoning Regulations and to protect the public interest, the Board of Adjustment may attach conditions to a Conditional Use Permit. A Conditional Use Permit shall remain valid only as long as the original applicant or his heir, successor, and/or assign complies with any terms and conditions of the Conditional Use Permit, as attached by the Board of Adjustment.

Sec. 17.24.03.

Variances. Variances are designed to allow some flexibility in the Zoning Regulations, in cases where the exceptional shape of a parcel of land, in cases where use of a property is overwhelmingly affected by exceptional topographic conditions, or any other extraordinary situation or condition of such 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 of 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 Adjustment 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.

1.

The following procedure shall be followed by the Board of Adjustment in considering a variance from the terms of this ordinance:

a.

An application for Variance, available from the Administrative Official or Finance Officer, shall be completed by the landowner requesting the variance, and shall be accompanied by any required attachments and fees, as in Article III, Section 17.20.03. The written application for a Variance shall indicate the section of this ordinance 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. Every application shall contain the following information:

i.

Legal description of the land on which such conditional use or variance is requested, together with local street address.

ii.

Name and address of each owner of the property.

iii.

Name, address, phone number, and signature of the applicant.

iv.

Zoning district classification under which the property is regulated at the time of such application.

v.

Be accompanied with a site plan, unless waived by the Administrative Official.

a)

The address of the property and the legal description.

b)

The name of the project and/or business.

c)

The scale and north arrow.

d)

All existing and proposed buildings or additions.

e)

Dimensions of all buildings.

f)

Distance from all building lines to the property lines at the closest point.

g)

Building height and number of stories.

h)

Dimensions of all property lines.

i)

Parking lots or spaces; designate each space, give dimensions of the lot, stalls, and aisles.

j)

Screening; show height, location, and type of material to be used.

k)

The landscaped setback and trees; indicate species of trees and material to be used for landscaping.

l)

Name and location of all adjacent streets, alleys, waterways and other public places.

b.

If any of the information required by Article III, Section 17.24.01 (1)(a) has changed since the original Building Permit application, the revised, updated or corrected information shall accompany the application for a Variance.

c.

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 or disapproval of the application.

d.

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 landowner and the adjacent landowners, excluding streets, and alleys, by Registered or Certified Mail, and shall post notices of the public hearing at the City Office at least one week before the public hearing. In situations that involve rental lots, such as is commonly encountered in the Manufactured Housing Residential District Zone, only the real property nearest the rental lot and also the adjacent rental lots, that is to say the adjacent renters, shall be considered Adjacent Lands and shall receive the required notices. No less than ten days before the public hearing, the Administrative Official shall publish notice, to be paid by the applicant, of the public hearing in a newspaper of general circulation in the area affected by the proposed Variance.

e.

The applicant shall place upon the property subject to the application, a sign (to be approved by the City) indicating variance is being sought. The applicant shall provide to the City a Certificate of Compliance indicating the sign with notice was in place not less than ten days prior to the public hearing.

f.

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

g.

The applicant, at the time of hearing, before the Board of Adjustment shall submit either a petition signed by the neighbors stating their approval of the requested conditional use permit or variance, or in the alternative shall provide documentation establishing that all adjacent landowners were notified by certified mail at least ten days prior to the hearing of the application for conditional use permit or variance.

h.

A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

i.

A written application for a variance is submitted demonstrating:

a)

That 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)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

c)

That the special conditions and circumstance do not result from the actions of the applicant.

d)

That granting the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

e)

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

f)

If the property is located within the Water Source Protection Overlay District, the following information shall accompany the application:

1)

Description of the proposed activity, use, or development, including information, technical data, and complete blueprints.

2)

Inventory, including amounts of contaminants and/or hazardous materials to be stored or used on the property or premises.

3)

Provide complete description, plans, and specifications of primary and secondary containment facilities including provisions for leak/spill detection and monitoring.

4)

Submit a comprehensive contingency plan approved by SDDENR.

ii.

The Board of Adjustment shall make findings that the requirements of Article III Section 17.24.03.h.i. above have been met by the applicant for a variance.

iii.

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 the land, building, or structure.

iv.

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 ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

v.

Approval or denial of any variance shall be by a two-thirds majority of all members of the Board of Adjustment (five votes).

2.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. 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 ordinance and punishable under Section 17.01.02 of this Code.

3.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

Sec. 17.24.04.

Board has powers of administrative official on appeals; reversing decision of administrative official.

1.

It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official.

2.

In exercising the above-mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, 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, and to that end shall have the powers of the Administrative Official from whom the appeal is taken.

3.

The concurring vote of two-thirds of all members of the Board of Adjustment (five votes) 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 ordinance, or to effect any variation in the application of this ordinance.

Sec. 17.24.05.

Appeals. Any person, or jointly or severally, aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State of South Dakota. The petition shall be presented to the court within 30 days after the filing of the decision in the office of the Finance Officer.

Sec. 17.24.06.

Revocation. If the Administrative Official finds that at any time that the terms, conditions, and requirements of the conditional use permit or variance have not been complied with, or that any phase thereof has not been completed within the time required under said conditional use permit or variance or any amendment thereto, the Administrative Official shall report this fact to the permittee and the Planning Commission. The Planning Commission may, after conducting a public hearing, of which the permittee shall be notified, submit a recommendation to the City Commission for their consideration and action. After a public hearing of which the permittee shall be notified, the City Commission (Board) may revoke such conditional use permit or variance for failure to comply with such terms, conditions, and requirements, or take such other action as it may deem necessary to obtain compliance, including legal remedies as deemed appropriate.

Sec. 17.24.07.

Zoning amendments.

The regulations, restrictions and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed, or repealed, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Unless otherwise provided for in these Zoning Regulations, any change in these Zoning Regulations, shall require City Commission approval of an ordinance describing said changes. The City Commission may not consider said ordinance until the Planning Commission has delivered a recommendation to either approve or not approve said ordinance.

The following procedure for requesting a Zoning Amendment shall be followed:

1.

An application for Amendment, available from the Administrative Official or Finance Officer, shall be completed by the landowner or other person requesting the Amendment. Completed applications shall be returned to the Administrative Official for review. To be considered by the Planning Commission and City Commission, the application form shall be completed and shall be accompanied by the following items:

a.

Any required attachments and City fees; and

b.

Any additional information, as requested by the Administrative Official, as lawfully may be required to determine conformance with and provide for the enforcement of this ordinance.

2.

The Administrative Official shall review the application, and shall forward a summary of the application, and his/her comments regarding said application, to the Planning Commission for their review.

3.

The Administrative Official shall set the date, time and place for a joint public hearing or individual public hearings to be held by the Planning Commission and City Commission. The Administrative Official shall notify the landowner by Registered or Certified Mail at least one week before the public hearing at the City Office. The Zoning Administrator shall also 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. If the proposed amendment will change the boundaries of a zoning district, the Zoning Administrator shall notify all owners of property within 250 feet, excluding streets and alleys, affected by the proposed boundary change at least one week before the public hearing. Adjacent landowners shall be notified by Registered or Certified Mail.

4.

The applicant shall place upon the property subject to the application, a sign (to be approved by the City) indicating a zoning change is being sought. The applicant shall provide to the City a Certificate of Compliance indicating the sign with notice was in place not less than ten days prior to the public hearing.

5.

The public hearing shall be held. 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.

6.

The applicant, at the time of hearing, before the Board of Adjustment shall submit either a petition signed by the neighbors stating their approval of the requested conditional use permit or variance, or in the alternative shall provide documentation establishing that all adjacent landowners were notified by certified mail at least ten days prior to the hearing of the application for conditional use permit or variance.

7.

The Planning Commission shall either recommend or not recommend approval of the amendment to the City Commission.

8.

The City Commission 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.

9.

When the City Commission 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 Commission.

a.

Protest Standard: The protest shall be signed by at least 40 percent 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.

Sec. 17.24.08.

Reapplication. No application requesting a variance, conditional 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 or City Commission shall again be considered by the Planning Commission, Board of Adjustment or City Commission before the expiration of six months from the date of the final action of the Planning Commission, Board of Adjustment, and or City Commission.

(Ord. No. 1485, 12-7-2009; Ord. No. 1581, 2-8-2016)