Whitewood City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.080 ADMINISTRATIVE OFFICIAL.
(A) Duties of the administrative official. An administrative official, hereafter known as the Building Inspector, designated by the Common Council, shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the Common Council may deem necessary for the successful enforcement of this chapter. Should the Building Inspector find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the party or parties responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct the violation. He or she shall order discontinuance of illegal use of land, removal of illegal buildings or structures or of illegal addition, 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 violations of, its provisions.
(B) Building permits required.
(1) No building or other structure shall be erected, constructed, enlarged, altered, improved, moved, or demolished without a permit therefor, issued by the Building Inspector. Structures, which are less than 120 square feet in area, may be permitted without a building permit and/or being placed on a foundation.
(2) No building permit shall be issued by the Building Inspector except in conformity with the provisions of this chapter, unless he or she receives a written order from the Common Council in the form of an administrative review, special exception, or variance as provided by this chapter. All applications for building permits shall be as required in Chapter 150 of this code.
(C) Construction and use to be as provided in application, plans, and permit. Building permits issued on the basis of plans and applications approved by the Building Inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter.
(Prior Code, § 152.075)
§ 155.081 COMMON COUNCIL.
(A) The Common Council shall review all recommendations of the Planning Commission in approving or denying uses on review, variances, and amendments.
(B) The Common Council may reverse the recommendation of the Planning Commission by a majority vote of all its members.
(C) The action of the Common Council and the reason for rejection of the Planning Commission recommendation shall be reported in writing to the Planning Commission and the applicant.
(D) If no action is taken by the Common Council within 30 days of receipt of the Planning Commission recommendation, the decision rendered by the Planning Commission is considered final.
(Prior Code, § 152.076)
§ 155.082 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) Requirements for the granting of a variance. Before the Common Council shall have authority to grant a variance, the person applying for the variance must demonstrate that:
(1) The granting of the variance will not be contrary to the public interest;
(2) The literal enforcement of this chapter would result in unnecessary hardship;
(3) By granting the variance contrary to the provisions of this chapter, the spirit of this chapter will be observed; and
(4) The variance will not have the effect of allowing in any zoning district uses prohibited in that zoning district, or of lowering standards beyond that required by state law.
(B) Variance procedure.
(1) After written denial of a building permit from the Building Inspector, a property owner may file a written request for a variance with the Finance Officer.
(2) The request shall contain:
(a) The applicant’s name and address, and the names and addresses of all adjoining landowners;
(b) A detailed description of the variance requested and the need for the variance; and
(c) A narrative demonstrating that the requirements for granting variances, as outlined in division (A) above, will be met if the variance is granted.
(3) The applicant shall pay the City Finance Officer the appropriate fee for a variance, as designated in § 150.006. These fees shall be utilized to help defray administrative costs of processing the application. Additional costs are required for mailings, which are the applicant’s responsibility.
(4) The application will then be given to the Planning Commission for consideration and a recommendation will be given to the Common Council.
(5) Upon recommendation from the Planning Commission, the Common Council shall schedule a hearing and shall give ten days’ notice of such hearing by publication in a legally designated paper. The applicant shall notify all adjoining landowners by certified letter at least five days prior to any public hearing.
(6) The Common Council shall render a decision on the request for a variance within 15 days following the public hearing. The decision to grant a variance must be approved by three-fourths of the full membership of the Common Council.
(Prior Code, § 152.078)
§ 155.083 USE ON REVIEW.
(A) Application.
(1) An application for a use on review shall be filed with the Finance Officer. The application shall indicate the location and intended use of the site the names of the property owners and existing land uses within 200 feet of the site and any other information pertinent to the request which the Planning Commission or Common Council may require. A list of property owners maybe obtained from the Finance Officer.
(2) The applicant shall pay the City Finance Officer the appropriate fee for a use on review, as designated in § 150.006. These fees shall be utilized to help defray administrative costs of processing the application. Additional costs are required for mailings, which are the applicant’s responsibility.
(B) Authorization for the use on review. The application will be given to the Planning Commission for its review and recommendation. The Planning Commission shall be given 60 days in which to study the effect of such proposed use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the public health, safety, and general welfare. No such use on review shall be approved until and unless the recommendation of the Planning Commission has been filed.
(C) Public hearing. After the Planning Commission has made its recommendation, the Common Council shall schedule a hearing and shall give ten days’ notice of such hearing by publication in a legally designated paper. The applicant shall notify all property owners by certified letter within 200 feet at least five days prior to the public hearing of the pending application for the use on review and the hearing date. The Common Council may then vote to approve or deny the use on review.
(D) Restrictions. In the exercise of its approval, the Common Council may impose such conditions regarding the location, character, or other features of the proposed use or building, as it may deem advisable in the furtherance of the general purposes of this chapter.
(E) Issuance of permit. Upon completion of the necessary application and approval of the Common Council, the Building Inspector shall issue the building permit subject to all applicable rules, regulations, and conditions. All approved plans, conditions, restrictions, and rules made part of the approval shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.
(F) Time limit and notification. All applications for uses permitted on review shall be decided within 60 days of the date of application, and the applicant shall be provided with either a written notice of approval or denial.
(Prior Code, § 152.079)
§ 155.084 AMENDMENTS.
The regulations, restrictions, areas, and boundaries set forth in this chapter may from time to time be amended, supplemented, revised, or repealed as conditions warrant and as provided by law in SDCL Title 11; no amendment shall become effective unless it shall have been proposed by, or shall have been referred to the Planning Commission for review and recommendation. (Errors or oversights, as may be found in this chapter as originally adopted, shall be corrected under the normal amendment procedure.)
(A) Standards for amendments. 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 purpose of this chapter and not in conflict with the comprehensive plan for the city.
(3) The proposed amendment shall not adversely affect any other part of this chapter.
(4) No new zoning district shall be created to contain an area of less than two acres. The two acres need not be under common ownership, or a minimum of one acre that adjoins the zone requested.
(B) Amendment procedure. The Common Council, the Planning Commission, or the property owner(s), or his or her agent, filing a written application with the Finance Officer may initiate amendments to this chapter. A request for amendment to this chapter shall follow the general procedures outlined below.
(1) Application. An application shall consist of a petition for a change in this chapter, accompanied by a letter containing the following:
(a) The petitioner’s name and address, and the name and address of every person whom the application represents in the case of a joint interest application. When landowners within a zoning district petition the Common Council for a change of that district, the petition must be signed by 40% of the private landowners in such zoning district;
(b) If the proposed amendment would require a change in the zoning map, a legal description of the property and an illustrative map, plat, or survey shall accompany the application;
(c) A detailed description of the need for the amendment stating, in the case of a proposed re-zoning, the existing and proposed zoning district and the anticipated use or nature of the use to be developed thereon; and
(d) The applicant shall pay the City Finance Officer the appropriate fee for an amendment as designated in § 150.006. These fees shall be utilized to help defray administrative costs of processing the application. Additional costs are required for mailings, which are the applicant’s responsibility.
(2) Time limit. The Planning Commission shall consider the proposed amendment and make its recommendation to the Common Council within 45 days of receipt of the application. The Planning Commission shall take into account the testimony of the applicant, a site inspection of the property in question (for a re-zoning request), and the recommendations from other official bodies and the standards provided above.
(3) Public hearing. The Common Council shall hold a public hearing on the proposed amendment and shall give ten days’ notice of such hearing by publication in a legally designated paper. If the proposed amendment is for re-zoning, the petitioner shall notify all landowners by certified letter within 200 feet of the outside boundaries of the area as to the re-zoning request and the hearing date.
(4) Common Council action. The Common Council may vote to approve or deny the amendment, or it may refer it back to the Planning Commission for further study or other action, as it may deem necessary. If the Common Council denies an amendment, the reason for denial shall be stated in writing and sent to the applicant. An applicant may not initiate another request for the same re-zoning on the same property within 12 months from the date of the last action by the Common Council.
(Prior Code, § 152.080)
§ 155.085 GENERAL PROVISIONS FOR APPLICATION FOR REGULATIONS.
(A) This chapter is intended to regulate the erection, construction, reconstruction, alteration, and use of buildings and structures, and the uses of land. All regulations shall be uniform for each class or kind of building or use throughout each zoning district.
(B) The requirement set forth in this chapter shall be considered as minimum requirement, unless otherwise stated and may be exceeded by the individual property owner, except as hereinafter provided.
(1) No land shall be used or occupied except for conformity with the regulations prescribed for the zoning district in which said land is located.
(2) No building shall be constructed, converted, enlarged, reconstructed, or moved, nor shall any building, or part thereof, be used or occupied except in conformity with the use regulations prescribed for the zoning district in which said building is located.
(C) Whenever, in the courts of administration and enforcement of this chapter, it is necessary or desirable to make any administration decision, then, unless other standards are provided in the ordinance, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter, or injurious to the surrounding neighborhood.
(Prior Code, § 152.081)
§ 155.999 PENALTY.
(A) (1) Any person who violates any provisions of this chapter, or any amendment thereto, or who fails to perform any act required hereunder, shall be guilty, and, upon conviction thereof, shall be punished by a fine of not more than $100 per day for each and every day the person is found to be in violation of this chapter, and in addition, shall pay all costs and expenses involved in the case. Any violation of this chapter is hereby declared to be a public nuisance per se.
(2) Any person, firm, company, corporation, or agent, or employee thereof, who authorizes, provides, installs, delivers, connects, or in any manner provides electricity or natural gas to a building or structure shall be guilty.
(Prior Code, § 152.999)
(B) In the event any person fails to comply with the provisions of § 155.066, he or she shall be guilty of a misdemeanor and fined not less than $50, and if the city has to use their equipment for clean up the charge will be $100 per hour for each of piece of equipment used.
(Ord. 2022-04, passed 5-2-2022)