(1)   No building or other structure shall be erected, moved, or added to 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 chapter, unless a written order from the Board of Adjustment is issued in the form of an administrative review, conditional use permit, or variance as provided by this chapter.

      (2)   A permit shall be required whenever there is a structural change to any structure. See § 151.044(C) through § 151.044(F) for further information on when a permit is needed.

authorized shall be deemed violation of this chapter, and punishable as provided by § 151.999.

      (1)   The City Council shall by resolution establish a schedule of fees, charges, and expenses and a collection procedure for building/use permits, conditional use permits, variances, amendments, appeals, and other matters pertaining to this chapter. The schedule of fees may be altered or amended only by the City Council.

      (2)   The current fee schedule shall be available from the Administrative Official. All fees shall be the property of the city and shall be paid over to the City 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.

      (1)   If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be canceled by the Administrative Official. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new permit has been obtained. A building/use permit may be extended for a period of up to one year provided application is made prior to the expiration of said permit.

      (2)   Unless otherwise specified by the Board of Adjustment, any variance, conditional use permit, or other use permit shall expire if actual construction or occupancy of the land in accordance with the permit has not occurred within two years from the date of issuance of the applicable use permit or variance, or two years from the date of completion of any final appeal to said decision (whichever is later).

(Ord. 24-01, passed 9-5-2024)

      (1)   The powers and duties of the Administrative Official shall be as follows:

         (a)   Review applications.

         (b)   Issue all building/use permits and make and maintain records thereof.

         (c)   Revoke any permit, which was unlawfully issued, or any permit wherein defective work has been performed, and when such work has not been corrected.

         (d)   Conduct inspections of buildings, structures, and the use of land to determine compliance with this chapter (with the assistance of the Public Works Department and/or City Engineer if necessary).

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

         (f)   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 chapter to ensure compliance with or to prevent violation of its provisions.

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

         (h)   Provide public information relative to all matters arising out of this chapter.

         (i)   Forward to the Planning Commission all applications for amendments to this chapter.

         (j)   Forward to the Board of Adjustment, applications for appeals, variances, conditional uses, or other matters on which the Board of Adjustment is required to pass under this chapter.

         (k)   Initiate, direct, and review, from time to time, a study of the provisions of this chapter, 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.

      (2)   For building/use permits, the Administrative Official shall issue building/use permits only in accordance with the provisions of this chapter.

      (3)   For conditional uses and variances, the Administrative Official shall review the application, and shall provide a review of the application to the Board of Adjustment.

      (4)   For zoning amendments, the Administrative Official shall review the application, and shall

provide a review of the application to the Planning Commission to make a recommendation to City Council.

      (1)   If the Administrative Official shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the persons responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it.

      (2)   The Administrative Official shall 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 chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. 24-01, passed 9-5-2024)

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

      (2)   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. A draft of the unapproved, unofficial minutes will be prepared and available for public inspection ten days following each meeting. Upon adoption by the Board of Adjustment, all of which shall be a public record and immediately filed in the office of the City Finance Officer of the City of Wall, South Dakota.

      (3)   The Mayor (or in his or her absence, the Chairperson) may administer oaths and compel the attendance of witnesses by subpoena. 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 the examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.

      (2)   The Board of Adjustment shall fix a reasonable time for the hearing on the appeal, give notice thereof as well as due notice to the parties in the same reasonable. At the hearing, any party may appear in person or by agent or attorney.

(Ord. 24-01, passed 9-5-2024)

      (1)   The term of each member of the Planning Commission shall be for five years, except that when such Planning Commission is first appointed, two members shall be appointed to serve a term of five years, two members shall be appointed for a term of three years, and one member will be appointed for a term of two years. Thereafter appointment of each member shall be for five years so that there will be an overlapping of tenures.

      (2)   Any vacancy in a membership on the Planning Commission shall be filled for the unexpired

term in the same manner as for appointment.

      (3)   The Mayor, with the confirmation of the City Council, shall, after public hearing, have authority to remove any member of the Planning Commission for cause, which cause shall be stated in

writing and made a part of the record of such hearing.

      (1)   Upon appointment, the Planning Commission shall be called together by the Mayor and shall organize by electing a Chairperson from among its members for a term of one year with eligibility for re-election, and may fill such other of its office as it may create in a manner prescribed by the rules of such Planning Commission.

      (2)   The Planning Commission shall meet as needed. Subject to the approval of the City Council, it shall adopt such rules for transactions, findings, and determinations which shall be a public record.

      (3)   The Planning Commission shall each year on or about the first day of January, make a report to the City Council of its proceedings, with a statement of progress of its work during the preceding year including, at minimum, the number of permits issued.

      (4)   Subject to the approval of the City Council, the Planning Commission may employ such technical, engineering, clerical and other assistance as may be deemed essential to carry on its work. Such employment shall be governed by the same rules and regulations governing all other municipal employees. The compensation of all such employees shall be fixed by the City Council.

         (a)   To adopt regulations governing the subdivision of land within its jurisdiction.

         (b)   To review proposals for subdivision to determine whether such subdivisions comply with the Subdivision Ordinance of the City of Wall and make recommendation relating to the approval of subdivisions.

         (a)   The Planning Commission may from time to time propose amendments, extensions, or additions to the Comprehensive Plan, Zoning Ordinance, and subdivision regulations.

         (b)   To review and forward recommendation to the City Council relating to amendments to the Comprehensive Plan, Zoning Ordinance, and subdivision regulations when initiated.

(Ord. 24-01, passed 9-5-2024)

      (1)   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 chapter 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.

      (2)   Building permits issued based on plans and applications approved by the Administrative Official authorize only the use, arrangement, or 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.

         (a)   The landowner, or applicant on behalf of the landowner, requesting the building/use permit shall complete an application for a building/use permit, accompanied with the appropriate fee, available at the city Finance Office. 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: applications for building/use permits shall be accompanied by a site plan with the following information indicated to determine compliance with this chapter:

            1.   A site plan, showing the 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 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.

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

            3.   The applicant may be required to submit a survey of the property, including the proposed site plan, by the Administrative Official to determine compliance with the provisions of this chapter.

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

         (b)   The applicant may be required to stake out the building site for inspection by the Administrative Official prior to the issuance of the building/use permit.

         (c)   One copy of the application 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. The Administrative Official, for city records, shall retain one copy of the application, similarly marked.

         (d)   The Administrative Official shall then, if the application is approved, issue a signed building/use permit. If the Administrative Official determines the proposed action would not comply with the provisions of these regulations, a building/use permit may not be issued, and the applicant may then appeal the action of the Administrative Official to the Board of Adjustment.

         (e)   Building/use permits are intended to be posted in a conspicuous place upon the premises and visible from a public right-of-way at all times from the beginning until completion of such

construction, alteration, or repair.

      (3)   All applications for a building permit shall be filed with the Finance Office no less than 48 hours prior to a City Council meeting. All applications for a building permit for new construction shall be accompanied by plans and specifications showing all details of the construction, and a plat of the lot or premises upon which the construction is to be located, showing its location with reference to exterior boundary lines and streets. Such plat shall be drawn to scale.

      (1)   Building permits are required for the following:

         (a)   New construction;

         (b)   Additions and/or remodel of exterior;

         (c)   Relocation and/or moving of building or any structure;

         (d)   New fences or additions to any in existence;

         (e)   New steps, decks, patios, landings, entryways, etc. and/or enlarging of those listed in existence;

      (2)   Building permits are required for the following and may be approved by the Public Works Department (up to $5,000) and reviewed by the Administrative Official after the fact;

         (a)   New steps, cement pads, decks, patios, landings, entryways, cement or asphalt driveways or parking areas, etc. and/or enlarging of those listed in existence;

         (b)   New sidewalks (note: ADA requirements will need to be followed); and

         (c)   Building demolition (no building permit fee, a fee charged for material disposal may apply for charges incurred by the city). Does not need to be under $5,000.

      (1)   Building permit applications that do not change the structure of a building, sidewalk or driveway may be approved by the Public Works Director, and work may begin upon approval.

      (2)   Applications that change the structure of a building, sidewalk, driveway and all fences must be approved by the Administrative Official before work shall begin.

      (3)   Should repairs other than routine be needed, an emergency meeting of the applicable committee members: the Public Works Director, the Finance Office, and the Mayor may be called. Construction or repairs other than emergencies are to be resolved at regular Council meetings.

      (4)   Building permits are not required for the following:

         (a)   Siding replacement of the same type;

         (b)   Window replacement of the same size;

         (c)   Roof replacement of the same material;

         (d)   Fence repair/maintenance of the same material;

         (e)   Step, patio, and entryway replacement of the same size;

         (f)   Replacement and/or repair for maintenance of sidewalks, cement pad, cement or asphalt driveways or parking areas with no changes to the existing size; or

         (g)   Remodel interior of existing structure.

      (5)   The assessment of fines will be at the discretion of the Wall City Council.

      (1)   New construction;

      (2)   Additions and/or remodel of exterior;

      (3)   Relocation and/or moving of building or any structure;

      (4)   New fences or additions to any in existence;

      (5)   New steps, decks, patios, landings, entryways, etc.; replacement of the same size, and/or enlarging of those listed in existence;

      (6)   Advertising signs (see § 151.062 for sign regulations);

      (7)   New cement pads, cement or asphalt driveways or parking areas;

      (8)   New sidewalks (note: ADA requirements will need to be followed); and

      (9)   Building demolition (no building permit fee, a fee charged for material disposal may apply for charges incurred by the city).

      (1)   The Board of Adjustment shall adhere to the following procedure in considering a conditional use permit. A conditional use permit is intended by this chapter to be granted by the Board of Adjustment provided:

         (a)   A written application for a conditional use permit is submitted, indicating the section of this chapter under which the conditional use permit is sought and stating the grounds on which it is requested.

         (b)   Property owners adjacent to the proposed site shall be notified of the conditional use permit request by certified mail, at the cost of the applicant.

         (c)   Notice of hearing shall be published once, not less than ten days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected.

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

         (e)   The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the conditional use permit, and that the granting of the conditional use permit will not adversely affect the public interest.

         (f)   The granting of any conditional use permit, by the Board of Adjustment shall be based upon written findings certifying compliance with the specific rules governing individual conditional use permits and that satisfactory provision and arrangements have been made concerning the following, where applicable:

               i.   The roads providing access to the property shall be determined to be adequate to meet the transportation demands of the proposed conditional use. The Board of Adjustment may require the applicant to enter into a written contract with the applicable road authority regarding the upgrading and continued maintenance of any roads used for conditional use requested prior to issuance of a conditional use permit.

               ii.   Reasonable provisions have been made for safe vehicular and pedestrian entrance and exit of the property for daily and emergency traffic.

               i.   The parking areas and driveways will be covered in materials appropriate for the internal traffic generated by the use.

               ii.   The number of parking spaces is appropriate for the proposed use of the property.

               i.   The manner by which electricity, water, sewer, natural gas and other utilities will be provided has been described.

               ii.   Consideration has been given to the location of refuse and service areas and manner for disposing of trash, junk, or other debris.

               i.   Lights associated with the use will not create a nuisance nor distract traffic.

               ii.   Brightness, intensity, glare of lights will be similar to lighting which would be customarily used for permitted uses in the applicable zoning district.

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

               i.   Any use listed as a conditional use is generally compatible in the district it is listed in.

               ii.   General compatibility is used when prescribing conditions for approval of a permit.

      (2)   In granting any conditional use permit the Board of Adjustment may prescribe conditions and safeguards in conformity with this regulation. Violation of such conditions and safeguards may result in revocation of the permit. Violation of such conditions, when made a part of the terms under which the conditional use permit is granted, shall further be deemed a violation of this regulation and punishable under the terms of the City of Wall Zoning Ordinance.

      (3)   The concurring vote of a majority of the present and voting members of the Board of Adjustment is required to pass any application for a conditional use permit. If no work has commenced, unless otherwise specified by the Board of Adjustment, a conditional use permit shall expire two years from the date upon which the conditional use permit becomes effective or two years following completion of any final appeal of the decision of the Board of Adjustment to issue the permit.

   (G)   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 the Zoning Ordinance intended. After written denial of a building permit from the Administrative Official, a property owner may make application to the Board of Adjustment for a variance. The Board of Adjustment shall make its decision within 30 days of submittal. A variance shall not be granted by the Board of Adjustment unless and until:

      (1)   A written application for a variance is submitted, indicating the section of this chapter under which the variance is sought and stating the grounds on which it is requested.

      (2)   Property owners adjacent to the proposed site shall be notified of the variance request by

certified mail and/or provide signature of their approval at the expense of the applicant.

      (3)   Notice of hearing shall be published once, ten days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected.

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

      (5)   The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the variance, and that the granting of the variance will not adversely affect the public interest. A variance from the terms of this chapter shall only be granted if all the following are demonstrated by the applicant:

         (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 chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

         (c)   That the special conditions and circumstance do not result from the actions of the applicant;

         (d)   Financial disadvantage of the property owner is not being used to constitute conclusive proof of unnecessary hardship within the purposes of zoning;

         (e)   That granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district; and

         (f)   No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

      (6)   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter and punishable under § 151.999.

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

      (8)   The concurring vote of two-thirds of present and voting members of the Board of Adjustment is required to pass any application for variance.

      (9)   If no work has commenced, unless otherwise specified by the Board of Adjustment, a variance shall expire one year from the date upon which the variance becomes effective or one year following completion of any final appeal of the decision of the Board of Adjustment to issue the variance.

      (1)   It is the intent if this chapter 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.

         (a)   All appeals filed in accordance with § 151.044(J) relating to a particular action, decision, or property shall be consolidated and heard at the same hearing.

         (b)   Administerial acts or other preliminary acts to bring an application or matter before the Board may not be appealed to the Board of Adjustment.

      (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 chapter, 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 the full membership of the Board of Adjustment 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 chapter, or to affect any variation in the application of this chapter.

      (1)   Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after the filing of the decision in the office of the City Finance Officer.

      (2)   Upon the 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.

      (1)   Whenever the public necessity, safety, and general welfare or good zoning practices justifies such action, and after consideration and recommendation by the City Planning Commission, as provided herein, the City Council may change zoning district boundaries, use groups, or the regulations established by this chapter. A proposed change of zoning district boundaries or regulations may be initiated in the following manners:

         (a)   The City Council may direct the Planning Commission, to consider a change of zoning district boundaries or regulations;

         (b)   The Planning Commission may initiate a change of zoning district boundaries or regulations;

         (c)   One or more of the owners of property within the area proposed to be rezoned may present a request to change the zoning district boundaries; or

         (d)   Initiated petitions specifying and requesting amendments to the regulations of this chapter containing signatures of 20% of the landowners in the zoning district or districts may be presented to the Administrative Official.

      (2)   Unless otherwise provided for in these regulations, any change in these regulations, shall require City Council approval of an ordinance describing said changes. The City Council may not consider said ordinance until the Planning Commission has delivered a recommendation to act upon said ordinance amendment.

      (3)   The following procedure for requesting a zoning amendment or zoning district boundary change shall be followed:

         (a)   The landowner or other person(s) requesting the amendment/boundary change shall complete an application, available from the Administrative Official. Completed applications shall be returned to the Administrative Official for review. To be considered by the Planning Commission and City Council, the application form shall be completed and shall be accompanied by the following items:

            i.   Any required attachments and fees, including mail costs; and

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

            iii.   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.

            iv.   The Administrative Official shall set the date, time, and place for a joint public hearing to be held by the Planning Commission and City Council. The Administrative Official shall 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 Administrative Official shall notify all owners of property within 250 feet of the proposed boundary change, by mail at the expense of the applicant, at least ten days before the public hearing.

            v.   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.

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

            vii.   The City Council 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.

            viii.   When the City Council 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 Council (SDCL § 11-4-23).

(Ord. 24-01, passed 9-5-2024)