1. Established. The Planning Commission as set forth in subsection D. below shall serve as the Board of Adjustment.

2. Rules of conduct—meetings. 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 city 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.

3. Powers of the Board of Adjustment. The Board has the authority to compel the attendance of witnesses at hearings and to administer oaths and in furtherance of their duties shall have the following powers:

4. Voting. Pursuant to state law, the concurring vote of at least 2/3 of the members of the Board is necessary to decide in favor of the applicant on an appeal, special exception, or variance. Accordingly, no such action may be taken unless 2/3 of the members of the Board are in attendance at the public hearing.

5. The Board shall not have any oversight or review of historic preservation procedures within this Code.

1. Establish such rules of procedure as are necessary to the performance of its functions hereunder;

2. Review and decide all applications for amendments to the city zoning map and comprehensive planning documents in accordance with Section 17.54.040;

3. Study and report on all proposed amendments to this title; further, to review annually this title and, on the basis of the review, suggest amendments thereto;

4. Hear appeals for denials by the Planning Commission of conditional use permits and planned development overlay districts, or other provisions of this title as applicable; and

5. Participate in procedures for historic preservation as provided in Section 17.54.080.

1. The Planning Commission shall:

2. The Planning Commission shall not have any oversight or review of historic preservation procedures within this code.

1. Upon receipt of an application and fee, the Board shall hold a public hearing, having first given 7 days’ notice. The notice of the time and place of the hearing shall be published in a daily paper of general circulation. The Board shall consider and decide applications for variances within 30 days of the public hearing and in accordance with the standards provided in this section and in applicable state law.

2. Adjacent property owner notification. Public notice shall be sent to all owners of property adjacent to or within 250 feet of the perimeter of the property, inclusive of public right-of-way. Notice shall be sent by first class mail at least 7 days prior to the public hearing. When adjacent property is owned by a subdivision or condominium association, notification may be sent to the management company or board of such association. The city may require the applicant to sign a certified affidavit prior to the public hearing as evidence to document compliance with the requirements of this section. The city may decide to perform the adjacent property owner mailing and shall notify the applicant in writing prior to scheduling the public hearing.

1. Variances may be granted where special circumstances or conditions (such as lot size or dimension, topography or existing building location), fully described in the findings of the Board, do not apply generally in the district;

2. Variances shall not be granted to allow a land 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 title would deprive the applicant of reasonable use of his or her land. Mere loss in value shall not constitute a deprivation of reasonable use so as to justify a variance;

4. Variances granted under the provisions of this section should be the minimum adjustment necessary for the reasonable use of the land; and

5. The granting of any variance is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the city’s Comprehensive Plan.

1. The granting of the variance will not be contrary to the public interest;

2. There are special conditions attached to the property that do not generally apply to other properties in the same district;

3. Owing to special conditions, the literal enforcement of this title will result in unreasonable hardship;

4. By granting the variance contrary to the provisions of this title, the spirit of this title and the city’s Comprehensive Plan will be observed; and

5. By granting the variance, substantial justice will be done.

1. The Board may not find an unreasonable hardship unless the alleged hardship:

2. The Board may not find an unreasonable hardship if the hardship is self- imposed or economic.

1. Mitigate any harmful effects of the variance; or

2. Serve the purpose of the standard or requirement that is waived or modified.

1. Application process. The owner and/or designated agent shall submit the required application, number of copies of the conditional use permit, and the appropriate supporting documents to the Department for review. Upon receipt of a complete application and the required information, the DRT shall complete its review and provide a recommendation to be forwarded to the Planning Commission with or without stipulations. Upon review by the DRT, if determined that the application is incomplete, the applicant will be notified in writing of the deficiencies and the application will not be scheduled for a public hearing before the Planning Commission until such time as the deficiencies in the application have been corrected. If a decision by the DRT is contested by the applicant, an appeal can be filed with the City Council. Once the application is complete, the recommendation shall be provided to the owner and/or designated agent and the Director shall place the application and recommendation on the next available Planning Commission agenda, with consideration for the required public notice. The Planning Commission will review the application and DRT recommendations and formally act on the application. The Planning Commission’s final decision may be appealed to the City Council.

2. Submittal requirements. The applicant shall submit a dimensioned site plan drawn to scale including building setbacks, approach locations and internal traffic circulation, parking, loading and unloading dock areas with truck turning radii, landscaping, fencing, retaining walls, signage, lighting, dumpster location and screening, exterior mechanical equipment and screening, building elevations with building heights, and building colors and materials. The application shall also include an operations plan detailing the hours and days of operation, number of employees, average daily peak trips generated, type of equipment or processes used, description, location, and quantity of hazardous materials (existing and used), list of regulatory agencies, contact name, phone number and their inspection frequency. City staff may require additional information or technical studies such as drainage studies, construction plans, address plats, and development agreements.

3. Notification. Notification of surrounding property owners, tenants and interested parties shall be accomplished by posting a sign on the property and by mailing notices of public hearing to neighboring property owners.

1. The location, character and natural features of the property;

2. The location, character and design of adjacent buildings;

3. Proposed fencing, screening and landscaping;

4. Proposed vegetation, topography and natural drainage;

5. Proposed pedestrian and vehicular access, circulation and parking, including that related to bicycles and other unpowered vehicles and provisions for handicapped persons;

6. Existing traffic and traffic to be generated by the proposed use;

7. Proposed signs and lighting;

8. The availability of public utilities and services;

9. The objectives of the adopted comprehensive plan and the purpose of the ordinance codified herein;

10. The overall density, yard, height and other requirements of the zone in which it is located;

11. The effects of noise, odor, smoke, dust, air and water pollution and the degree of control through the use of clarifiers, screening, setbacks and orientation; and

12. The degree to which conditions imposed will mitigate any probable adverse impacts of the proposed use on existing adjacent uses.

1. Major amendments must be reviewed by the Planning Commission, under the provisions of subsection A. through E. of this section. A major amendment is required when:

2. Minimal amendments must be reviewed and approved by the Director. A minimal amendment includes minor amendments and administrative exceptions listed in §§ 17.50.050G.2., 17.50.060G., and 17.50.070. The Director shall determine that the proposed modification to the site will not have a significant adverse impact on neighboring properties, the street network or the appearance of the property in approving a minimal amendment. The Director shall consider the criteria outlined in subsection E. of this section to determine if the proposed modifications still meet the requirements of a conditional use permit.

1. Expiration. A conditional use permit shall automatically expire if:

2. Extension of period. Notwithstanding the provisions of subsection K.1. of this section, the Planning Commission, may as part of the original conditional use permit or as a major amendment to the conditional use permit extend the period of the conditional use permit where it is warranted in light of the relevant circumstances, including, but not limited to the size and phasing of the development, economic cycles and market conditions. All conditional use permits approved prior the effective date of the ordinance codified in this subsection shall be exempt from the provisions of this section.

1. Public notice shall be sent to all owners of property within the area to be rezoned and to all property within 250 feet from any part of the proposed rezone. Notice shall be sent by first class mail at least 14 days prior to the Planning Commission hearing on the rezone application. When adjacent property is owned by a subdivision or condominium association, notification may be sent to the management company or board of such association. The public notice shall provide the following information:

2. The Director may convene a neighborhood meeting to present and discuss a proposed rezone.

1. Text or map amendments. The following conditions shall be met for all amendments:

2. Corrections. Errors or oversights as may be found in this title as originally adopted shall be corrected under the normal amendment procedure.

1. Administrative review of certain projects. Administrative review may be performed and approval granted for projects which SHPO and city have agreed in writing do not constitute adverse effects; such projects for administrative approval shall be adopted by the Common Council by separate resolution. A draft resolution shall be presented to the HPC for its comment and recommendation; thereafter, the resolution and HPC’s comments and recommendation shall be forwarded to the Council for its final decision. All other projects will be referred to SHPO for review per subsection E.2. below. The Director shall not administratively approve a demolition permit for a historic property. The Director reserves the right to withhold administrative approval of any application and to refer any project to SHPO for review and comment. Under this subsection, the Director may take the following actions:

2. Initial SHPO review. Where the Director determines that a project has the potential for an adverse effect on historic property and where the applicant has not withdrawn or resubmitted the application, the Director shall prepare a summary report of the project that describes any potential adverse effects and send the project file, including the summary report and application, to SHPO for an initial review. SHPO will review the project file and make a written determination to the Director, as follows:

3. Commission review and public hearing. The Director shall prepare a case report for the Commission and SHPO. The applicant shall provide additional information to staff for inclusion in the case report, including information related to feasible and prudent alternatives and planning which has occurred to mitigate any adverse effect on historic property. The burden is on the applicant to show that approval should be granted. The Director shall submit the project file, including the application, the case report, and the written SHPO determination of potential or actual adverse effect, to the Commission for a public hearing. The Commission shall:

4. Final SHPO review. After Commission review and public hearing, the Director shall send the project application, case report, and the Commission’s determination, findings, and comments to SHPO for its final determination. SHPO will review the record and will issue any final comments to the city for approval or denial of the project application. SHPO may offer its opinion whether, based upon all relevant factors, there is no feasible and prudent alternative to the project and the project includes all possible planning to minimize harm to historic property. Any comments from SHPO under this section will be in writing.

5. Final city action following case report. After receipt of the final written SHPO comments, as described in subsection E.4., the Director may take the following actions:

1. A sign permit approved in accordance with the applicable ordinances and by the appropriate reviewing body;

2. Projects which do not require a building permit or other construction permit required by the city, including, but not limited to, some landscaping, fencing, and painting projects;

3. The routine maintenance and repairs of an exterior feature of a building, which does not involve a substantive change, as determined by the Director, in its design, material, or outer appearance;

4. The installation, replacement, and repairs and routine maintenance and repairs of public infrastructure, except for buildings, such as, traffic control devices, utilities, street lights, sidewalks, streets, alleys, public parking areas, driveways, drainage structures, and the like. Infrequent, large scale infrastructure improvements, however, that are exempt from these zoning provisions for historic preservation review may be subject to SHPO review in accordance with the requirements of SDCL § 1-19A-11.1; and

5. In any case where the Building Official determines that there are emergency conditions dangerous to life, health, or property, the Building Official shall order the remedying of these conditions without review approval.