Sturgis City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 156.495 ORGANIZATION.

(A) Administrative officer. The provisions of this chapter shall be administered by the City Engineer or Building Inspector who shall:

(1) Issue all building permits and make and maintain records thereof;

(2) Issue all certificates of occupancy and make and maintain records thereof;

(3) Issue and renew where applicable all temporary use permits and make and maintain records thereof;

(4) Maintain and keep current zoning maps and records of amendments thereto;

(5) Conduct inspections as prescribed by this chapter and such other inspections as are necessary to ensure compliance with the various provisions of this chapter; and

(6) Issue all mobile home park permits and make and maintain records thereof.

(B) Board of Adjustment.

(1) Established. The establishment of a Board of Adjustment, hereafter referred to as the “Board” or “the Council” is hereby authorized. The Board shall be composed of the City Council.

(2) Officers; requirements.

(a) The Mayor shall act as Chairperson of the Board and the City Auditor shall act as Secretary. The Board shall meet at the call of the Chairperson and at such other items 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 City Auditor and shall be a public record. It shall have the 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.

(b) In the case of all appeals, the concurring vote of at least two-thirds of the members of such Board as so composed shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in such ordinance.

(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 the furtherance of its duties shall have the following powers:

(a) 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;

(b) To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the zoning map;

(c) Where there are practical difficulties or unnecessary hardships of carrying out the strict letter of this chapter, in any way, the Board shall have the power, in passing upon appeals, to authorize such variance from the terms of this chapter as will not be contrary to the public interest and so that the intent of the ordinance shall be observed and substantial justice done;

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

(e) Review and decide all applications for uses permitted on review in accordance with § 156.385 and this subchapter; and

(f) Study and report on all proposed amendments to this chapter; further, to review annually this chapter and on the basis of such review, suggest amendments thereto.

(Prior Code, Title 18, Art. VII, § 1)

§ 156.496 NOTICE PROCEDURE FOR APPLICATION FOR USES ON REVIEW, CONDITIONAL USES AND VARIANCES.

(A) Typical notice procedure.

(1) Any applicant for a use on review, conditional use or variance shall complete the necessary forms provided by the city or his or her designee. Upon the completion of all required materials, the city shall provide a written notice of the applicant’s intentions and an analysis of the impact of the proposal to owners of all parcels located within the area required to receive notice. The notice shall include the scheduled date when the item shall be discussed at the Planning and Zoning Commission. The notice shall state that any recipient opposed to the proposed application should notify the city of his or her opposition and provide reasons for the opposition. In addition to the mailed written notice, the applicant shall be required to have placed on the property in a place clearly visible from the busiest public right-of-way, a sign, at least 24 inches wide and 18 inches tall, provided by the city, stating in bold lettering that the property is under consideration for a use on review, conditional use or variance, and provide information regarding the hearing. The sign may also provide that more information may be obtained by contacting the city. In addition to the application fee, the applicant shall be responsible at the time of submitting the application for payment of the cost of notice by certified mail to all required parcels as well as an administrative fee of 10% of the cost of notice by certified mail.

(2) Any consent requirements provided under § 156.500 do not apply to any request or application for a use on review, conditional use or variance.

(B) At-home business use on reviews.

(1) The city recognizes that at-home businesses can be a part of a healthy, vibrant community. The provisions of this use on review procedure are solely related to the application of this chapter. These provisions do not in any way override or alter private property use agreements or covenants which may be in existence.

(2) At-home businesses are required to proceed with the use on review process if any of the following attributes applied:

(a) The business would have one or more nonresident employees;

(b) The business would have one or more customers who would visit the at-home business;

(d) The business would create any increase in the amount of traffic, noise or odor typical of a residential neighborhood;

(e) The business would create a perceived or actual decrease in the expected safety in a neighborhood;

(f) The business would require any type of land or premises approval from the state or federal government (this does not imply a professionally licensed individual);

(g) There has been a verified complaint to the Planning and Permitting Office regarding an at-home business regarding an impact of similar nature though not specifically listed to those listed above; or

(h) In no circumstance would a residential camping or home leasing qualify as an at-home business requiring a use on review.

(3) During the initial use on review, the applicant shall be required to:

(a) Pay all costs associated with the city sending a certified letter to all landowners within 200 feet of the subject property; and

(b) Have placed on his or her property, in a place clearly visible from the busiest public right-of-way, a sign provided by the city stating that the property is under consideration of a use on review and meeting the notice requirements in division (A) above. Said sign shall be placed on subject property for a minimum of 21 days.

(4) Following final approval by the Common Council and completion of each 365-day period, the city shall list the at-home business name, property address and type of business in the monthly community newsletter. The listing shall indicate that the at-home business is under its annual use on review. Should there be any complaint throughout the 365-day period or should negative comments arise after the notice in the Community Newsletter, the Planning and Permitting Department shall present the use on review to the Planning and Zoning Commission. Should the Commission approve another year, no further action is required until 365 days has passed. Should the Commission recommend disapproval, the use on review denial shall be submitted to the Common Council for final consideration.

(5) Should a business be required to complete a use on review process, all the following conditions will be applied.

(a) Copies of all state sales tax returns shall be submitted to the City Finance Office (these records shall be retained and considered confidential).

(b) No signage on the property (with the exception of vehicles) shall be visible from a public right-of-way.

(c) The actual average daily vehicle count of the subject property shall not exceed 1.25 times the AADT (annual average daily traffic) for the type of subject property. In circumstances where the subject business is of significant importance to the community, the limit maybe extended but shall in no circumstance exceed three times the AADT for the type of subject property.

(d) The subject property shall not create noise beyond the times of 7:00 a.m. through 9:00 p.m. In addition, the types of sounds nor the volumes of those sounds created during these hours shall not exceed those typical in a residential neighborhood.

(e) No odor beyond that typical of a residential neighborhood shall be permissible.

(f) If the business causes an impact to the utility services beyond those typical of a residence, then all utility rates shall be charged as commercial (two separate unit charges for all city utilities).

(g) The county may assess portions of the property at commercial versus residential rates.

(h) All use on reviews shall be applicable for one year. At the expiration of one year, they shall be completed again.

(C) Paving requirements. A use on review can be applied for to allow any property owner in any district to not complete the hard-paving requirement of the construction. In reviewing the application, the planning and permitting staff and Common Council shall consider if the required paving area is connected to a paved public right-of-way. At no time should the required hard paving area be less than 30 feet if it is connected to a paved public right-of-way. Any approval of the use on review will be reviewed if existing conditions change (thereby requiring the paving of the area). Such a cause for a review would be if the adjoining public right-of-way is paved or if excess dirt and debris is brought onto a public right-of-way. This use on review shall be granted by planning and permitting staff with the applicant being able to appeal a denial to the Common Council.

(Prior Code, Title 18, Art. VII, § 2) (Ord. 2016-13, passed 1-25-2017; Ord. 2021-09, passed 12-14-2021)

§ 156.497 VARIANCES.

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 or her 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 this chapter intended.

(A) Application. An application shall be filed with the governing body for review. Said application shall show: the location and intended use of the site; the names of the property owners and existing land uses within 200 feet; and any other material pertinent to the request which the governing body may require.

(B) Public hearing. Upon receipt of an application and fee, the Board shall give notice of public hearing within 35 days. Such notice of the time and place of such hearing shall be published in the legal newspaper of the city ten days prior to that public hearing. The Board shall consider and decide all applications for variance within 30 days of such public hearing and in accordance with the standards provided below.

(1) Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography or when the relaxation of a restriction of the code, granted by the Board of Adjustment shall provide a quantifiable benefit to the city and the surrounding neighborhood of the parcel) are fully described in the finding of the Board.

(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 would deprive the applicant of any reasonable use of his or her 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.

(6) A fee shall be set forth in the city’s annual fee resolution due and payable at the time of the appeal shall be paid to the City Treasurer to cover the costs of notices and other expense incidental to the hearing.

(7) Any subdivision of land within the city or one mile thereof, after January 1, 1993, shall not be eligible for variances under the provisions set forth in this chapter.

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

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

(2) The literal enforcement of the provisions will result in unnecessary hardship;

(3) By granting the permit contrary to the provisions, the spirit will be observed; and

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

(E) Court review of Board.

(1) Any person/firm or corporation aggrieved by any decision of the Board may present to the court of competent jurisdiction a petition fully verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after publication in the city’s legal newspaper of the minutes of the Board action. Such petition shall not be filed with respect to the decision of the Building Inspector or any administrative officer without recourse to the Board.

(2) Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board. The Board shall be required to turn over to the court certified copies of all papers acted on by it, and any other information as may be pertinent and material to show the grounds of the decision appealed from. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(3) 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, Title 18, Art. VII, § 3) (Ord. 2003-12, passed 11-28-2003; Ord. 2013-20, passed 12-4-2013)

§ 156.498 CERTIFICATE OF OCCUPANCY.

No new building shall be occupied, and no change in use of a building or part of a building shall be made, until after the Building Inspector shall have issued a certificate of occupancy therefor as regulated in the Building Code adopted by the city in § 150.025.

(Prior Code, Title 18, Art. VII, § 4) (Ord. 2013-13, passed 10-16-2013)

§ 156.499 PROCEDURE FOR AUTHORIZING USES PERMITTED ON REVIEW.

The following procedure is established to integrate property 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.

(1) Application; filing. Any person desiring a conditional use permit provided for in this chapter may file an application with the Planning and Permitting Department, except that no application shall be filed or accepted if final action has been taken within one year prior thereto on an application requesting the same, or substantially the same permit.

(2) Application; information required. An application for a conditional use permit shall contain the following information:

(a) Name and address of the applicant and of all persons owning any or all of the property proposed to be used, including clear evidence that the applicant is the owner of the premises involved, or has written proof of permission from the owner or owners that they consent to the use proposed in such application;

(b) Location of subject property (address or vicinity) and the legal description of the property involved;

(c) The nature of the proposed use, indicating the primary business use to be permitted, and purpose for which such building, structure or improvement is to be erected, constructed or as proposed to be altered, enlarged, moved, occupied or used;

(d) A statement of the nature, condition and development of the property for which the conditional use permit is being applied for and the nature, condition and development of the adjacent uses, buildings and structures;

(e) Provide a site plan drawn to a scale satisfactory to and provide at least five copies indicating the area and dimensions of the site or location of the proposed use, and showing the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping and other development features;

(f) Describe the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;

(g) List all other permits applied for and/or secured in compliance with the provisions of other applicable ordinances for the subject property;

(h) Provide a list, certified to be correct by affidavit or by a statement under penalty of perjury, of the names and addresses of all persons who are shown on the latest available assessment roll of the county as owners of the subject parcel of land and as owning property within a distance of 200 feet from the exterior boundaries of the parcel of land to be occupied by the use. One copy of said map shall indicate where such ownerships are located;

(i) Provide proof satisfactory to the Planning and Permitting Department that water will be available in quantities and pressures required by Chapter 51; and

(j) Provide such other information as the Director may require, including necessary verification of the accuracy of all information, maps and lists submitted.

(3) Application; burden of proof. In addition to the information required in the application, the applicant shall substantiate the following facts:

(a) The requested use at the location and in the proposed structure will not:

1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area;

2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; and/or

3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

(b) The proposed site and structure is adequate in size and shape to accommodate the yards, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with the uses in the surrounding area;

(c) The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate;

(d) The proposed site is adequately served by other public or private service facilities as are required;

(e) At no time may any area be authorized for a conditional use permit for a secondary residential use exceeding 1,000 square feet; and/or

(f) The structure subject to the conditional use permit shall meet all applicable city ordinances, International Building Codes and state regulations that apply.

(4) Application; fee and deposit. When an application is filed, it shall be accompanied by the filing fee and deposit as required.

(5) Application; denial for lack of information. An application for a conditional use permit may be denied without hearing if such application does not contain the information required by this section.

(6) Application; public hearing required; exception. In all cases where an application for a conditional use permit is filed in proper form, the public hearing shall be held pursuant to the procedure herein unless the application is withdrawn.

(B) Public hearing.

(1) Generally.

(a) Upon receipt of an application, the Board shall give notice of public hearing within 35 days. All applicable landowner notice and signage requirements as provided under § 156.496, must be complied with prior to public hearing. Such notice of the time and place of such hearing shall be published in the legal newspaper of the city ten days prior to that public hearing.

(b) The Board shall consider and decide all applications for uses permitted on review within 30 days of such public hearing and in accordance with the standards provided below. The Board or City Planning Commission may require the applicant to give additional notice to all property owners affected by the granting of the relief request. The form and content of the notice shall be as prescribed by the Board and/or Planning Commission.

(2) Grant or denial; findings and decision at public hearing.

(a) An application for a conditional use permit may be approved where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

1. The proposed use will be consistent with the adopted general plan for the area;

2. The requested use at the location proposed will not:

a. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area;

b. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or

c. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

3. The proposed use is significant and integral part of the planned primary use of the structure for the next 12 months;

4. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this chapter, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and

5. The proposed site is adequately served by: highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and by other public or private service facilities as are required.

(b) The application shall be denied where the information submitted by the applicant and/or presented at public hearing fails to substantiate all such findings that are required by this chapter.

(1) Generally. In the exercise of its approval, the governing body 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 section.

(2) Permit; additional conditions imposed when.

(a) In approving an application for a conditional use permit, the decision shall state the conditions as necessary to ensure that such use will be in accord with the findings.

(b) Such conditions may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:

1. Special yards, open spaces and buffer areas;

2. Fences and walls;

3. Parking facilities, including vehicular ingress and egress and the surfacing or parking areas and driveways to specified standards;

4. Street and highway dedications and improvements, including sidewalks, curbs and gutters;

5. Water supply and fire protection in accordance with the provisions of this chapter;

6. Landscaping and maintenance of grounds;

7. Regulation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

8. Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

9. Regulation of signs, including outdoor advertising;

10. A specified validation period limiting the time in which development may begin;

11. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

12. A site plan indicating all details and data as prescribed in this chapter; and

13. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this chapter.

(D) Issuance of permit. Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply. Upon completion of the necessary application, hearing and approval of the governing body, the Building Inspector shall issue the building permit subject to all applicable rules, regulations and conditions.

(E) Validity of plans. All approved plans, conditions, restrictions and rules made a part of the approval of the governing body shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.

(F) Time limit. All applications for uses permitted on review shall be decided within 30 days of the date of public hearing.

(1) Expiration date of unused permits. A permit which is not used within the time specified in such permit, or, if no time is specified, within two years after the granting of the permit, becomes null, void and of no effect at all. A permit issued may be extended for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, there may be an additional one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension. In the case of a conditional use permit filed and heard concurrently with a land division, the limits and extensions allowed shall be concurrent and consistent with those of the land division. A conditional use permit shall be considered used, within the intent of this section, when construction or other development authorized by such permit has commenced that would be prohibited in the zone if no permit had been granted.

(2) Expiration following cessation of use. A conditional use permit granted by the Council shall automatically cease to be of any force and effect if the use for which such conditional use permit was granted has ceased or has been suspended for a continuous period of 12 months.

(Prior Code, Title 18, Art. VII, § 5) (Ord. 2021-09, passed 12-14-2021)

§ 156.500 AMENDMENTS UPON APPLICATION BY PROPERTY OWNER.

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, upon application by the property owner, regardless of whether applicant is an individual, corporation, trust, private or public organization, and subject to the following conditions. This section does not apply to governmental organizations.

(A) Applications.

(1) An application for an amendment shall be filed with the City Office of Planning and Permitting.

(2) The above-mentioned application is available online by using CitizenServe and, when completed and submitted, shall demonstrate written consent of property owners constituting at least 40% of the total aggregate property area having a right to protest as provided in SDCL § 11-4-5. The total aggregate property area includes lots located within the affected district, and property lots located within 250 feet from any part of such proposed amended district. The required notice distance shall not include intervening streets and alleys or other public property. Any abstaining or non-reporting property owners will not be construed as consenting property owners.

(3) A corporation, trust or any organization, whether private or public, is construed as one owner. If parcels of land are in the name of more than one person, ownership representation for the specific parcel is in proportion to the number of signers who consent in relation to the total number of owners of the specific parcel.

(4) Any administrative denial by the City Office of Planning and Permitting because of an applicant’s failure to obtain the written consent threshold may appeal the administrative decision following the procedures outlined under § 150.010.

(5) If, under the procedures provided in § 150.010, the appeal reaches the City Council, acting as the Board of Adjustment as provided under § 156.495(B), the City Council must not consider the overall substantive merit of the application, but only whether there is a minimum sufficient basis to support reversing the administrative denial and moving the application forward to the Planning and Zoning Commission as provided under division (B) below. The concurring vote of at least two-thirds of the Board is necessary to reverse the administrative denial. If the administrative denial is reversed, the application will be considered as if the applicant initially met the written consent threshold.

(B) Public hearing.

(1) Upon receiving the application, the Planning and Zoning Commission shall file with the governing body a preliminary report and shall hold hearings, notice of which shall be published in a manner to allow the public hearing to be held one week prior to the date of making the preliminary report to the governing body.

(2) The governing body may adopt any changes in the regulations, restrictions or boundaries after having published notice of hearing at least ten days prior to the date of adoption of any amendments in the ordinance as notice of the time and place where all persons interested shall be given a full, fair and complete hearing. The ordinance, if adopted, shall be adopted as other ordinances with the same publication requirements.

(C) Time limit. The report of the Planning and Zoning Commission regarding any such proposed amendment upon application shall be submitted to the governing body within 30 days of the public hearing before the Planning and Zoning Commission.

(D) Standards for amendments upon application. The following conditions shall be met for all amendments.

(1) The proposed amendment shall be necessary because of substantially changed or changing conditions of the area and districts affected.

(2) The proposed amendment shall be consistent with the intent and purposes of this chapter.

(3) The proposed amendment shall not adversely affect any other part of the city, nor shall any direct or indirect adverse effects result from such amendment.

(4) The proposed amendment shall be consistent with the comprehensive plan as adopted by the city, including, but not limited to, the major road plan, land use plan, community facilities plan and other portions of the comprehensive plan.

(Prior Code, Title 18, Art. VII, § 6) (Ord. 1997-06, passed 5-12-1997; Ord. 2013-20, passed 12-4-2013; Ord. 2021-09, passed 12-14-2021)

§ 156.501 FEES.

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.

	Fees	Collected by
Amendments	The fee shall be set forth in the city’s annual fee resolution	City Finance Officer and credited to the General Fund
Building permits	As regulated by City Finance Officer and ordinance credited to the General Fund
Mobile home park permit	The fee shall be set forth in the city’s annual fee resolution	City Finance Officer and credited to the General Fund
Temporary use permits	The fee shall be set forth in the city’s annual fee resolution	City Finance Officer and credited to the General Fund
Use on review permit	The fee shall be set forth in the city’s annual fee resolution	City Finance Officer and credited to the General Fund
Variances	The fee shall be set forth in the city’s annual fee resolution	City Finance Officer and credited to the General Fund
Zoning amendment	The fee shall be set forth in the city’s annual fee resolution	City Finance Officer and credited to the General Fund

(Prior Code, Title 18, Art. VII, § 7) (Ord. 2003-12, passed 11-28-2003)

§ 156.502 CONFLICTS WITH OTHER LAWS.

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

(Prior Code, Title 18, Art. VII, § 10)

§ 156.999 PENALTY.

(A) Any violation of this chapter is a Class 2 misdemeanor punishable by the maximum punishment set forth by the laws of the state pursuant to SDCL § 22-6-2. Said punishment may also include payment of any costs and restitution authorized by this chapter or state law. Violations may also be subject to administrative citations pursuant to Chapter 37.

(Prior Code, § 18.05.19.04)

(B) It shall be unlawful to erect, construct, reconstruct, alter, maintain or sue 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 as shall be set forth in the city’s annual fee resolution 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 city or the owner or owners of real estate within the district affected by the regulation of this chapter.

(Prior Code, Title 18, Art. VII, § 8)

(Prior Code, § 18.05.09)

(D) Any person violating §§ 156.450 through 156.461 or portions thereof shall be subject to punishment as per a Class 2 misdemeanor.

(Prior Code, Title 18, Art. IX, § 13)

(E) Failure to comply with the notice described in § 156.460 will result in punishment as per a Class 2 misdemeanor.

(Prior Code, Title 18, Art. IX, § 11)

(Ord. 1999-07, passed 4-30-1999; Ord. 2018-13, passed 10-27-2018; Ord. 2022-02, passed 2-14-2022)