(A) Board of Adjustment. The City Council shall act as the Board of Adjustment.
(Prior Code, § 16-9-1)
(B) Powers of the Board of Adjustment. The City Council, acting as the Board of Adjustment shall be governed by these statutory regulations and/or have the authority to do the following:
(1) The concurring vote of four members shall be necessary for approval of any action by the Board of Adjustment;
(2) Special exceptions. The City Council shall have the authority to hear and decide applications for special exceptions as specified in this chapter and to pass decisions on any special questions upon which this Board of Adjustment is specifically authorized to pass;
(3) Variance. The City Council shall have the authority to hear and decide applications for variance based upon circumstances involving unnecessary hardship under the terms of this chapter. Before any variance is granted the following conditions must be shown as presented:
(a) The conditions and circumstances are peculiar to the land, structure, or building and do not apply to neighboring lands, structures or buildings in the same district;
(b) Strict application of the provisions of this chapter would not deprive the applicant of reasonable use of the land, structure or building equivalent to the use made of neighboring lands, structures or buildings in the same district and permitted under the terms of the chapter;
(c) The peculiar conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter.
(4) Financial disadvantage of the property owner shall not constitute conclusive proof of unnecessary hardship within the purposes of zoning;
(5) The Board does not possess the powers to permit a use which is not permitted in the district involved;
(6) In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of the chapter itself.
(Prior Code, § 16-9-2)
(C) Appeals. Decisions of the Board in respect to the aforementioned shall be subject to appeal to
the court of proper jurisdiction within the same prescribed by statute.
(Prior Code, § 16-9-3)
Statutory reference:
Related provisions, see SDCL Chapter 11-4, §§ 11-4-13, 11-4-24, 11-4-25, 11-4-26