Winner City Zoning Code
ENFORCEMENT, VIOLATIONS
AND APPEALS
§ 154.520 RIGHT OF ENTRY.
(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Zoning Administrator or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises a violation, the Zoning Administrator or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Zoning Administrator by this chapter, provided that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, they shall first make an reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Zoning Administrator or an authorized representative shall have recourse to every remedy provided by law to secure entry.
(B) When the Zoning Administrator or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Zoning Administrator or an authorized representative for the purpose of inspection and examination pursuant to this chapter.
(Prior Code, § 16.28.01) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.521 ENFORCEMENT.
If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he or she shall notify, in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she 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 the chapter to ensure compliance with or to prevent violation to its provisions. The Zoning Administrator shall report all actions to the City Council at the next general meeting of the Council.
(Prior Code, § 16.28.02) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.522 CEASE AND DESIST ORDER.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building structure or land is used in violation of this chapter, the City Attorney, in addition to other remedies, may institute any proper action or proceed in the name of the city, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations to prevent any illegal act, conduct, business or use in or about said premises.
(Prior Code, § 16.28.03) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.523 APPEALS TO BOARD OF ADJUSTMENT; RECORD OF APPEALS, HEARING AND STAYS.
(A) It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, then the Planning Commission, and that such questions shall be presented to the City Council only on appeal from the decision of the Planning Commission, and that recourse from the decisions of the City Council shall be to the court of record.
(B) Any decision rendered by the Zoning Administrator may be appealed to the Board of Adjustment. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer for whom the appeal is taken and on due cause shown.
(Prior Code, § 16.28.04) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.524 STAY OF PROCEEDINGS.
(A) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with them, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(B) In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.
(Prior Code, § 16.28.05) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.525 BOARD OF ADJUSTMENT APPEALS PROCESS.
(A) The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures or to interpret any map.
(B) An appeal will not be heard until:
(1) The applicant or any other person aggrieved by the decision of an administrative official or agency shall file a written appeal with the Zoning Administrator within five working days of the decision;
(2) The administrative official or agency from which the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed was taken;
(3) Notice of the hearing date shall be given at least ten days in advance by publication in a legal newspaper of the municipality;
(4) Written notice shall be sent to the applicant and all owners of real property lying within 150 feet of the property on which the appeal is pending, if a particular piece of property is in question. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date;
(5) The administrative official or agency shall present his, her or its decision to the Board of Adjustment for review; and
(6) The Board of Adjustment shall uphold, overrule, or amend the decision of the Zoning Administrator.
(C) The Board of Adjustment has the powers of a Zoning Administrator on appeals and reversing decision of the Zoning Administrator.
(D) In exercising the above-mentioned powers, the Board of Adjustment may 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 all the powers of the officer from whom the appeal is taken.
(E) 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 any such officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.
(Prior Code, § 16.28.06) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.526 CEASE AND DESIST ORDER.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building structure or land is used in violation of this chapter, the City Attorney, in addition to other remedies, may institute any proper action or proceed in the name of the city, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations to prevent any illegal act, conduct, business or use in or about said premises.
(Prior Code, § 16.28.07) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.527 BAD ACTOR LEGISLATION.
(A) The City Council may reject an application for any permit filed for a variance, conditional use or otherwise for the reasons and on the grounds set forth in SDCL § 1-40-27, as revised and amended. The Council that the applicant has engaged in the activity identified in the aforesaid statute shall base such rejection upon a specific finding. The burden on the Council to make the specific finding provided for herein shall be by a preponderance of the evidence.
(B) For purposes of this section a person shall be deemed an APPLICANT if they are the owner of the proposed facility; an officer or director of the owner thereof; or an owner of any interest in any company except a publicly traded company which is the owner of the proposed facility.
(Prior Code, § 16.28.08) (Ord. 737, passed - -; Ord. 800, passed - -)
§ 154.999 PENALTY.
(A) (1) It is declared unlawful for any person, firm or corporation to violate any of the terms or provisions of this chapter, except as otherwise specified in § 154.523. Any architect, builder, contractor, agent or other person, who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Violation thereof shall be a Class 2 misdemeanor and may be punishable by a fine of up to $500 or up to 30 days in jail, or both such fine and jail sentence, for each and every day that any violator fails to comply with the provisions of this chapter.
(2) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Prior Code, § 16.28.07)
(B) No changes, of any nature, shall be made in the official zoning map, or matter shown thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change, of whatever kind, by any person or persons, shall be considered a violation of this chapter and punishable as provided under § 10.99.
(Prior Code, § 16.03.02)
(C) In granting any variance under § 154.478, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation 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 as a Class 2 misdemeanor.
(Prior Code, § 16.25.04)
(Prior Code, § 16.25.04) (Ord. 737, passed - -; Ord. 800, passed - -; Ord. 987, passed 1-4-2021)
APPENDIX A: ZONING MAPS
(Ord. 737, passed - -; Ord. 800, passed - -)