Any conditional use approved by the Planning and Zoning Commission shall conform to the standards set forth for such uses below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses, and the Planning and Zoning Commission may require additional reasonable stipulations at their discretion. In all cases, the impact of the proposed use on adjacent properties shall be a major consideration.

      (1)   The Planning and Zoning Commission may authorize by conditional use permit, those uses specifically designated as conditional uses in §§ 155.030 through 155.040, and §§ 155.055 through 155.061. The Planning and Zoning Commission shall impose such conditions as are appropriate and necessary to insure compliance with the Comprehensive Plan and protect the health, safety, and general welfare as they pertain to the criteria contained in § 155.095(E)(b) in the issuance of the conditional use permit.

      (2)   The Planning and Zoning Commission shall not consider the following when placing conditions on a conditional use permit application: race, color, religion, sex, national origin, familial status, disability, age, cost of construction, property values, owner of land or property, rental use of property, or any other monetary consideration.

      (1)   Legal description of the land on which the conditional use is requested, together with a local street address;

      (2)   Name and address of each owner of the property;

      (3)   Name, address, phone number and signature of the applicant;

      (4)   Zoning district classification under which the property is regulated at the time of such application;

      (5)   Be accompanied with a site plan, unless waived by the Zoning Administrator; and

      (6)   Any other information concerning the property as may be requested by the Zoning Administrator or the Planning and Zoning Commission.

      (1)   In addition to the following information, plans shall be drawn to scale upon substantial paper, or provided electronically, and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show, in detail, that it will conform to the provisions of this section and all relevant laws, ordinances, rules and regulations. The Zoning Administrator may waive the submission of plans, if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this section.

         (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 points.

         (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.

      (2)   Approved plans shall not be changed, modified, or altered without authorization from the Planning and Zoning Commission giving final approval, and all work shall be done in accordance with the approved plans.

      (1)   Prior to the approval of a conditional use permit, the Zoning Administrator shall meet with the applicant to review the application. After review of the application, the Zoning Administrator shall make a recommendation to the Planning and Zoning Commission to either approve or not approve the application. The Zoning Administrator’s recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application.

      (2)   The Zoning Administrator shall set the date, time and place for a public hearing to be held by the Planning and Zoning Commission. The Zoning Administrator shall notify the landowner by mail, and shall post notices of the public hearing at City Hall and on the property affected by the proposed conditional use permit no less than 7 days prior to the scheduled public hearing. No less than 10 days before the public hearing, the Zoning Administrator shall publish notice of the public hearing in a legal newspaper of the city.

      (3)   The following procedure shall be followed by the Planning and Zoning Commission in considering the recommendation of the Zoning Administrator:

         (a)   A 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 and Zoning Commission.

         (b)   Before any conditional use permit shall be granted, the Planning and Zoning Commission shall make written findings certifying that the conditional use being reviewed complies with the city’s Comprehensive Plan and all current ordinances governing the individual conditional uses and that satisfactory provisions and arrangements have been made concerning the following, where applicable:

            1.   Ensure that ingress and egress to the property is as required by § 154.14(E);

            2.   Review and, if necessary, place conditions to ensure automotive and pedestrian safety, traffic flow and control, and access in case of fire or catastrophe within the development;

            3.   Ensure that off-street parking and loading areas are as required by §§ 155.072 and 155.073;

            4.   Ensure that refuse areas are provided for within the development;

            5.   Ensure that developments have appropriate fire protection (fire hydrants, fire suppression systems, etc.);

            6.   Ensure that screening and buffering with reference to type, dimensions and character complies with § 155.077 or any requirements within the zoning district where the development will occur;

            7.   Ensure that the proposed exterior lighting complies with § 155.077;

            8.   Ensure that all of the setbacks are being met for the development as set within the respective zoning district;

            9.   Review and, if necessary, place conditions to ensure general compatibility with adjoining properties and other property in the zoning district in which such use is to be located; and

            10.   Review and, if necessary, place conditions to ensure that the conditional use meets the goals and objectives of the most recently adopted comprehensive plan.

         (c)   The Planning and Zoning Commission shall decide whether to grant the conditional use with such conditions and safeguards as are appropriate or to deny a conditional use when not in harmony with the purpose and intent of these regulations. The decision of the Planning and Zoning Commission shall be final unless an appeal is filed in accordance with § 155.095(F).

         (a)   The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit;

         (b)   Due to other on-going permitting processes or necessary engineering/planning studies relating to the specific project for the conditional use permit that may impact the one-year schedule for project completion.

      (2)   A conditional use permit approved in accordance with § 155.095 shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1254, passed 5-16-2011; Am. Ord. 1409, passed 12-2-2019)

   The Zoning Administrator is hereby authorized and directed to enforce all the provisions of this chapter and establish rules for its administration. For such purposes, he or she shall have the powers of a law enforcement officer. The Zoning Administrator shall have the power to render interpretations of this chapter. The interpretations shall be within the intent and purpose of the zoning regulations, and be set forth in writing. In addition, the Zoning Administrator may appoint or solicit technical advice, inspectors, city officials and other city employees to assist with the administration of the zoning regulations.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   (A)   Whenever necessary to make an inspection to enforce any of the provisions of this chapter, the Zoning Administrator and authorized representatives may enter such building or premises at all reasonable times to inspect. Provided the building or premises is occupied, the Zoning Administrator or authorized representative shall first present proper credentials and request entry. If the building or premises are unoccupied, the Zoning Administrator shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If the entry is refused, the Zoning Administrator or authorized representative shall have recourse to every remedy provided by law to secure entry.

   (B)   When the Zoning Administrator or authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry of the building or premises, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect to promptly permit entry.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   Whenever any work or use is being done contrary to the provisions of this chapter, the Zoning Administrator may order the work or use stopped by notice in writing served on any person engaged in the doing or causing the work to be done, and any persons shall forthwith stop the work or use until authorized by the Zoning Administrator to proceed with the work or use.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

      (1)   Any additional information, as requested by the Zoning Administrator, as lawfully may be required to determine conformance with and provide for the enforcement of this chapter.

      (2)   A temporary building permit may be issued by the Zoning Administrator for a period not exceeding 180 days during alterations or partial occupancy of a building pending its completion. The Zoning Administrator may attach conditions and safeguards to the temporary permit to protect the safety of the occupants and the public.

      (3)   (a)   If the Zoning Administrator determines the proposed action would not be in compliance with the provisions of the zoning regulations, a building permit may not be issued, except upon completion of one of the following processes established in the zoning regulations, as may be applicable to the proposed action. The Zoning Administrator shall inform the applicant when one of the following processes may be applicable:

            1.   Variance.

            2.   Conditional use.

            3.   Amendment.

            4.   Appeal.

         (b)   Issuance of a building permit shall indicate that, in the opinion of the Zoning Administrator, the proposed use and/or alterations of existing use are in compliance with the requirements of these zoning regulations. Issuance of a building permit shall not be construed as waiving any provisions of these regulations. Proposed uses and/or alterations of existing uses that are not in compliance with the requirements of these zoning regulations shall not be issued a building permit.

   (C)   Expiration of a building permit. Every building permit issued shall become invalid unless the work on the site authorized by the permit is commenced within 180 days after its issuance, or if the work authorized on the site by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Zoning Administrator is authorized to grant, in writing, one extension of time, for a period not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1498, passed 1-2-2024)

      (1)   To hear and decide appeals where it is alleged there is error in any requirement or determination made by the Zoning Administrator in the enforcement of this chapter; and

      (2)   To hear and decide upon petitions for variances to vary the strict application of the height, area, setback, yard, parking or density requirements as will not be contrary to the public interest. A variance shall not be allowed to vary the use regulations.

      (1)   Any person or persons, jointly or severally, aggrieved by any decision of the Zoning Administrator, may present to that official, a notice of appeal, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. The notice of appeal shall be filed with the Zoning Administrator of the City of Vermillion, who shall transmit to the Board of Adjustment all information and records concerning the appeal. Such notice of appeal shall be presented to the Zoning Administrator within 30 days after the filing of the decision in the office of the Zoning Administrator.

      (2)   The Board of Adjustment shall keep a public record of all findings and decisions. All meetings shall be held at the call of the chairperson and at such other times as necessary. Each session, at which an appeal is to be heard, shall be a public meeting. The Zoning Administrator shall notify the appellant by mail, and shall post notices of the public hearing at City Hall and on the property affected by the proposed appeal (if applicable) no less than 7 days prior to the scheduled public hearing. No less than 10 days before the public hearing, the Zoning Administrator shall publish notice of the public hearing in a legal newspaper of the city.

      (3)   A public hearing shall be held. The appellant may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Board of Adjustment. Written findings certifying compliance with the specific rules governing the action considered at the public hearing shall be completed by the Board. The concurring vote of 2/3 of the members of the Board of Adjustment shall be necessary to approve any appeal or arrive at any determination.

      (1)   An unnecessary hardship must be established by the applicant who applies for the variance. For purposes of this subsection, an unnecessary hardship is a situation where, in the absence of a variance, an owner can make no feasible or reasonable use of the property. Convenience, loss of profit, financial limitations, or self-imposed hardship shall not be considered as grounds for approving a variance by the Board of Adjustment.

      (2)   Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

      (3)   The variance requested is the minimum variance that will alleviate the hardship.

      (4)   Granting of the variance will comply with the general purpose and intent of this chapter, and will not be offensive to adjacent areas or to the public welfare.

      (5)   No nonconforming use or structure in the same district and no permitted or nonconforming use or structure in other districts shall be considered grounds for the issuance of a variance.

      (6)   Exceptional and extraordinary circumstances apply to the property that do not apply to other properties in the same zone or vicinity and that result from lot size or shape, topography or other circumstances which are not of the applicant’s making.

      (7)   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 variance. A variance shall remain valid only as long as the property owner complies with any terms and conditions of the variance, as attached by the Board of Adjustment.

      (8)   An application for a variance, available from the Zoning Administrator of the City of Vermillion, shall be completed by the landowner requesting the variance. Completed applications shall be returned to the Zoning Administrator for review. To be considered completed, the application shall contain the following information:

         (a)   Legal description of the land on which such variance is requested, together with local street address;

         (b)   Name and address of each owner of the property;

         (c)   Name, address, phone number and signature of the applicant;

         (d)   Zoning district classification under which the property is regulated at the time of such application;

         (e)   Description of the variance sought from the zoning regulations;

         (f)   Be accompanied with a site plan, unless waived by the Zoning Administrator.

      (9)   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. The Zoning Administrator’s recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application. The Authorized Official or the Board of Adjustment may refer requests for variances to the Vermillion Planning and Zoning Commission for review and recommendation.

      (10)   The Zoning Administrator shall set the date, time and place for a public hearing to be held by the Board of Adjustment. The Zoning Administrator shall notify the landowner by mail, and shall post notices of the public hearing at City Hall and on the property affected by the proposed variance no less than 7 days prior to the scheduled public hearing. No less than 10 days before the public hearing, the Zoning Administrator shall publish notice of the public hearing in a legal newspaper of the city.

      (11)   The public hearing shall be held. The applicant may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Board of Adjustment. Written findings certifying compliance with the specific rules governing the action considered at the public hearing shall be completed by the Board. The concurring vote of 2/3 of the members of the Board of Adjustment shall be necessary to approve any variance or arrive at any determination.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1254, passed 5-16-2011; Am. Ord. 1409, passed 12-2-2019)

   The regulations imposed, and the districts created, under this section may be amended, supplemented or repealed by ordinance, but no such amendment shall be made without public notice and without a public hearing, at which, parties in interest and citizens shall have an opportunity to be heard.

      (1)   Prior to the consideration of any ordinance proposing changes in the zoning ordinance, there shall first be filed, with the Finance Officer, the written consent of the owners of 45% of the aggregate area having the right of protest against such proposed ordinance, if adopted, as would be determined by SDCL § 11-4-5. Unanimous ownership consent for a parcel or lot to be included in the 45% aggregate area is required.

      (2)   All of the written consent forms shall be returned, dated and signed, to the city no later than 180 days after change of zone application is initially submitted. Extensions to the 180 days will not be given. If the 180 days expires, the applicant may request new forms from the Zoning Administrator. These new forms will need to be completed within 180 days of delivery to applicant. Delivery may be through mail or electronic correspondence, or in-person delivery.

      (3)   At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper of the city, the notice to contain a brief statement describing the proposed amendment. If the proposed amendment will change the boundaries of a zoning district, the Zoning Administrator shall post a sign on the property included in the application for a continuous period of 10 days immediately prior to the public hearing and shall notify all owners of property within 250 feet of the proposed boundary change by mail. The mailed notice shall be postmarked 10 business days prior to the hearing and state the date, time and location of the public hearing.

   (D)   Proposed changes initiated by the city, or for properties within one year after annexation, shall be exempt from the provisions of this section.

   (E)   No application requesting a change of zone for any property whose application includes any such property, either entirely or substantially the same, as that which has been denied by the City Council, shall again need to be considered by the Planning & Zoning Commission before the expiration of six months from the date of the final action of the City Council.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1267, passed 12-19-2011; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1510, passed 3-4-2024)

   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions established in the granting of variances or conditional uses shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction be subject to the penalties established by South Dakota law. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure or premises, any licensed design professional, builder, contractor, agent or other person who commits, maintains, assists in or participates in violation may be found guilty of a separate offense and suffer the penalties provided.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)