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§ 155.70 FENCING.
   Fences, walls, and screening are allowed in all yards provided they meet the following height limitations and construction standards unless otherwise stated:
   (A)   Fence construction standards.
      (1)   All posts and bracing shall face towards the owner.
      (2)   Shall be constructed on the owner's property and shall be allowed on the property line. And it is the fence owner's responsibility to know for sure where the line is. If it's found that the fence is on the wrong side of the line, it has to be (re)moved at their expense.
      (3)   Materials:
         (a)   Fences shall not be constructed of electrically charged wire, razor wire or wire fences such as those with hardware cloth, chicken wire, agriculture, or others. Moreover, materials not specifically manufactured for permanent fencing are not allowed, and no fence shall be made of, in whole or in part, cloth, canvas or other like material. With the exception of a snow fence.
         (b)   The cut or selvage end of wire or metal fencing materials may not be exposed at the top of a fence if the height of the fence is less than six feet. Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed. All exposed steel, except galvanized metal fences, shall have a colored finished coat applied to them and be preserved against rust and corrosion.
         (c)   Property owners shall be responsible for the maintenance of the fencing, walls and hedges on their property, and for removal of any fence, wall, or hedge if it becomes unsightly or a menace to public safety, health or welfare.
   (B)   Residential District - front yards.
      (1)   Shall not exceed five feet.
      (2)   Shall not exceed two and one-half feet within the herein-defined "Traffic Visibility Triangle" on corner lots, unless construction is of a see through type.
         (a)   Residential District. Side and rear yards shall not exceed six feet; and front yard shall not exceed feet.
         (b)   Commercial and Industrial. All fencing, walls, buffer zones and screening shall not exceed eight feet.
         (c)   Temporary fence. The Board of Trustees may require that a temporary fence be constructed on or around any demolition or construction site, when deemed necessary to protect the public.
         (d)   Flood zone. A fence constructed in the flood zone requires a floodplain permit and approval by the Floodplain Administrator. Fences generally must be a breakaway or drop fence (designed to fail under flood conditions.).
   (C)   Variance; standards for variance approval. When determining a variance to fence, wall, and hedge requirements, the zoning board shall consider the following:
      (1)   Safety in regard to the subject property, adjacent properties, ingress and egress, streets, alleyways, and water bodies.
      (2)   Visual impact on adjacent properties, streets, alleyways, and water bodies.
      (3)   Design in relation to other structures on the same lot, adjacent properties, and the neighborhood.
      (4)   Impact on ingress and egress, if applicable.
      (5)   Screening, buffering or separation of any nuisance or hazardous feature.
      (6)   Compatibility with adjacent properties.
(Ord. passed 11-3-2020)
ADMINISTRATION AND ENFORCEMENT
§ 155.85 ORGANIZATION.
   (A)   Administration and enforcement. An administrative official or Board designated by the Town Board shall administer and enforce this chapter. They will be provided with the assistance of such other persons as the Town Board may deem necessary, such as the police force, Building Inspector, and the like for the successful enforcement of this chapter. Should the governing body find that any of the provisions of this chapter are being violated, they 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. They shall order discontinuance of illegal use of land; 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 violations of its provisions. Before any inspections or work is begun, all contractors, carpenters, plumbers, gas/propane installers, or electricians shall pay an annual application fee to the town, as stated in the fee schedule, and provide proof of state certification and liability insurance.
   (B)   Board of Adjustment.
      (1)   In lieu of appointing a Board of Adjustment, the Town Board may act as and perform all the duties and exercise the powers of such Board of Adjustment as provided in SDCL § 11-4-24.
      (2)   The governing body, except as otherwise provided in SDCL § 11-4-24, shall provide for the appointment of a Board of Adjustment. Should the governing body elect not to comply with 1967 SDCL § 11-4-24, and then the governing body will appoint a Board of Adjustment which shall consist of five members, each residents of the town, who are not members of any governing body. Each member is appointed for a term of three years and removable for cause by the governing body upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only.
      (3)   The Board shall elect a Chairman and Secretary from its membership, and shall prescribe rules for the conduct of its affairs. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine at a fixed time and place. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. It shall have power to call on any other departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render all such assistance as may be reasonably required. In the case of all appeals, the Board shall call upon the governing body for all information pertinent to, and their recommendations.
      (4)   Powers of the Board of Adjustment. The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses, and in the furtherance of their duties shall have the following powers:
         (a)   The Board shall have the power to hear and decide appeals wherein it is alleged there is an error in any order, requirement, decision, or determination of this chapter made by the governing body;
         (b)   To hear and decide variances to the terms of this chapter when such variances are allowed by this chapter; and
         (c)   To authorize upon appeal in specific cases such variance from terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed as substantial justice done.
      (5)   Appeals procedures to the Board.
         (a)   The governing body shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter.
         (b)   Appeals to the governing body may be submitted by any person aggrieved by any decision of the governing body. Such appeal shall be submitted within 60 days, as provided by the rules of such body, by filing it with the governing body. The appeal shall specify the grounds thereof. The governing body shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed was taken from.
         (c)   An appeal to the governing body stops all erection, construction, enlarging, moving, or demolishing in the action appealed, unless the governing body files a certificate that, by reason of facts stated in the certificate, a discontinuance would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stopped otherwise than by a restraining order, which may be granted by the governing body or by a court of record, on application, on notice to the governing body, and on due cause shown.
         (d)   The governing body shall fix a time for the hearing of the appeal within 60 days of submission of such appeal, give public notice thereof, as well as due notice to the parties in interest and decide within 30 days of the hearing. Upon the hearing any party may appear in person or by agent or by an attorney.
         (e)   In exercising the powers mentioned, the governing body may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed, 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 governing body from whom the appeal is taken.
         (f)   The concurring vote of four members of the governing body shall be necessary to reverse any order, requirement, decision, or determination of the governing body or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
   (C)   Governing body. The governing body shall:
      (1)   Establish such rules of procedure as are necessary to the performance of its functions hereunder;
      (2)   Review and give final decision on all applications for uses permitted on review in accordance with § 155.55 and this section; and
      (3)   Study and report on all proposed amendments to this chapter; further to review annually this chapter and on the basis of such review, suggest amendments thereto.
(Ord. 10.6, passed 3-17-2009)
§ 155.86 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 land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his lot as the Zoning Ordinance intended.
   (A)   Application. After written denial of a building permit from the governing body, a property owner may make application to the governing body for a variance, using forms obtainable.
   (B)   Public hearing. Upon receipt of an application and fee, the governing body shall hold a public hearing having first given 15 days notice. Such notice of the time and place of such hearing shall be published in a designated legal publication. The governing body shall consider and decide all applications for variances within 30 days of such public hearing and in accordance with the standards provided below.
   (C)   Standards for variances. In granting a variance, the governing body shall ascertain that the following criteria are met.
      (1)   Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting) as verified by the finding of the governing body, do not apply generally in the district.
      (2)   Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
      (3)   For reasons fully set forth in the findings of the governing body, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicants of any reasonable use of his land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.
      (4)   Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.
      (5)   The granting of any variance is in harmony with general purposes and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.
      (6)   A fee, as per the current fee schedule, due and payable at the time of application, shall be paid to the Town Clerk as agent for the governing body, to cover the costs of notices and other expenses incidental to the hearing.
   (D)   Requirement for the granting of a variance. Before the governing body shall have the authority to grant a variance, the persons claiming the variance have the burden of showing:
      (1)   That the granting of the permit will not be contrary to the public interest;
      (2)   That the literal enforcement of this chapter will result in unnecessary hardship;
      (3)   That by granting the permit contrary to the provisions of this chapter the spirit of this chapter will be observed; and
      (4)   That by granting the permit, substantial justice will be done.
(Ord. 10.6, passed 3-17-2009)
§ 155.87 COURT REVIEW OF DECISIONS OF THE BOARD.
   (A)   Any person or persons, jointly or severally, aggrieved by any decision of the governing body, or any taxpayer, any officer, department, board, or bureau of the municipality, may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing with the Chairman of the Board.
   (B)   Upon the presentation of such petition the court may allow a writ of certiorari directed to the governing body to review such decision of the governing body. The governing body shall be required to turn over to the court certified copies of all paper acted on by it, and any other information as may be pertinent and material to show the grounds of the decision appealed from.
   (C)   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.
   (D)   Costs shall not be allowed against the governing body unless it shall appear to the court that the governing body acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(Ord. 10.6, passed 3-17-2009)
§ 155.88 CERTIFICATE OF OCCUPANCY.
   A certificate of occupancy shall be required as regulated in the Uniform Building Code.
(Ord. 10.6, passed 3-17-2009)
§ 155.89 PROCEDURE FOR AUTHORIZING USES PERMITTED ON REVIEW.
   The following procedure is established to integrate properly the uses permitted on review with other land uses located in the district. These uses shall be reviewed by the governing body and authorized or rejected under the following procedure.
   (A)   Application. An application shall be filed with the governing body for review. Said application shall show the location and intended use of the site, the names of the property owners and existing land uses within 500 feet, and any other material pertinent to the request which the governing body may require.
   (B)   Public hearing. Upon application, the governing body shall give a 30 day notification of a public hearing. Such notice of time and place of such hearing shall be published in a local legal publication.
   (C)   Restrictions. In the exercise of its approval, the governing body may impose such conditions regarding the location, character, or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter.
   (D)   Issuance of permit. Upon completion of the necessary application, hearing, and approval of the governing body, the building permit shall be issued subject to all applicable rules, regulations, and conditions.
   (E)   Validity of plans. All approved plans, conditions, restrictions, and rules made a part of the approval of the governing body 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.
(Ord. 10.6, passed 3-17-2009)
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