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The following regulations shall apply to swimming pools.
(A) A private swimming pool shall be any pool or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than three feet. Private swimming pools are permitted in any residential district provided:
(1) The pool is intended and is to be used solely for enjoyment of the occupants of the property on which it is located and their guests;
(2) If the swimming pool or part thereof is located in the front yard, it shall be not less than half of the required front yard set back; and
(3) The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than six feet in height and maintained in good condition.
(B) A community or club swimming pool not open to the public shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools shall comply with the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;
(2) The pool and accessory structures thereto, including the areas used by the bathers, shall be not closer than 25 feet to any property line of the property on which located; and
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties. Safe fence or wall shall be no less than six feet in height and maintained in good condition. The area surrounding the enclosure, except for parking spaces, shall be suitably landscaped with grass, hardy shrubs, and trees, and maintained in good condition.
(Ord. 10.6, passed 3-17-2009)
Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained, and repaired, except as otherwise provided in this section.
(A) Continuance of non-conforming uses. The lawful operation of a non-conforming use as such use existed on the effective date of this chapter, or any amendment hereto, by which the use became a non-conforming use, may be continued; provided, however, that the number of dwelling units in a non-conforming dwelling use shall not be increased over or exceed the number of dwelling units in the non-conforming use on the effective date of this chapter.
(B) Extension of non-conforming uses in structures. A non-conforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein.
(C) Termination of non-conforming uses. Except as hereinafter provided, a non-conforming use that has been abandoned or discontinued for a year shall not be re-established.
(D) Non-conforming use of open land. A non-conforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally outdoors and outside of a building or structure shall, after discontinuance of its principal use or abandonment of one year, become a prohibited and unlawful use and shall be discontinued.
(E) Enlargement or extension of non-conforming structures. A non-conforming structure in which a non-conforming use is operated shall not be enlarged or extended; a non-conforming structure in which only permitted uses are operated may be enlarged or extended in the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the non-conforming structure is located.
(F) Restoration of damages non-conforming structures. A non-conforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60% of its replacement cost may be restored to its original or better condition, provided restoration is completed within one year of the date of the damage.
(G) Outdoor advertising signs and structures. No outdoor sign or outdoor advertising structure which, after the adoption of this chapter, exists as a non-conforming use in any district, shall continue, as herein provided for non-conforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years.
(H) Non-conforming manufactured home use and change of ownership. See Chapter 153 regarding mobile homes.
(Ord. 10.6, passed 3-17-2009)
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
(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)
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)
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