A. Administrative standards: whenever an administrative decision is made in the course of administering and enforcing a zoning ordinance, the decision shall be made so that the result will not be contrary to the requirements and purposes of Title 17 or injurious to the surrounding neighborhood.
B. Powers and duties of City Council:
1. To hear and decide on all new proposed zoning ordinances and all requests for change of zoning.
2. Council shall base all of their decisions in consideration of their own findings, the findings and recommendations of the Planning Commission, and any public input at the required public hearing.
3. The Council shall act as and perform all the duties and exercise the powers of the Board of Adjustment.
C. Powers and duties of the Planning Commission:
1. The Planning Commission has all such powers necessary to enable it to fulfill and perform its functions and duties under Chapter 2.32, promote city planning and zoning, or carry out all the purposes of SDCL 11-4.
D. Powers and duties of the Board of Adjustment:
1. The Board of Adjustment may hear appeals pursuant to SDCL 11-4-17(1), where it is alleged there is an error in any order, requirement, decision, or determination made in the enforcement of the zoning ordinance.
2. The Board of Adjustment may grant variances pursuant to SDCL 11-4-17(2) and in accordance with Chapter 17.45.
3. Pursuant to SDCL 11-4-24, the mayor shall be chairman of the Board of Adjustment and the concurring vote of at least two-thirds of the members of Council shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variances to the Zoning Ordinance.
4. The Board of Adjustment may grant conditional uses pursuant to SDCL 11-4-17(3) and in accordance with Chapter 17.46.
5. Pursuant to SDCL 11-4-17(3), conditional uses shall be approved by a simple majority vote of the present and voting members of the Board of Adjustment. (Ord. 789 (part), 2017)