Loading...
GENERAL PROVISIONS
It is the purpose of this chapter to regulate the subdivision of land so as to coordinate streets/roads with other subdivisions and uses, to provide water and sanitation facilities, drainage and flood control, to foster efficient and orderly urban growth compatible with the natural environment, to provide adequate open spaces for traffic, recreation, light, and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity, to minimize cut and fill operations, to prevent premature land subdivision, and to conform with the comprehensive plan for the city and its area(s) of joint jurisdiction.
(1992 Code, App. A, § 15A.01.020) (Ord. 81-08, passed 7-7-2008)
In accordance with SDCL ch. 11-3 and ch. 11-6 and any other authority provided by law or as those statutes may be amended, the city does hereby exercise the power and authority to review and approve or disapprove plats for the subdivision of land within the city and for land in the area(s) of joint jurisdiction. As allowed by SDCL 11-3-6, the city council designates the director of planning and development services or designee and the city engineer or designee as the administrative officials of the municipality to approve plats in lieu of approval by the governing body.
(1992 Code, App. A, § 15A.01.030) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
(a) These regulations shall apply to all subdivisions of land, as defined herein, located within the city and its area(s) of joint jurisdiction as referenced by the map in the Minnehaha and Lincoln County joint jurisdictional zoning ordinances.
(b) It shall be unlawful for any person having control of any land within the city and its area of jurisdiction to subdivide or lay out the land in lots, unless in accordance with the laws of the state and the regulations contained herein. Any parcel of land of 40 acres or less which is located within the joint jurisdiction boundary shall be platted prior to the sale or transfer of the land unless the requirement is waived by the city director of planning and development services.
(1992 Code, App. A, § 15A.01.040) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018) Penalty, see § 157.999
In interpreting and applying the provisions of this chapter, these regulations are the minimum requirements for the promotion of public safety, health and general welfare. It is not the intent of this chapter to repeal, abrogate or impair any existing easement, covenant or deed restriction, where these provisions conflict or overlap. Whichever imposes the more stringent restrictions shall prevail.
(1992 Code, App. A, § 15A.01.050) (Ord. 81-08, passed 7-7-2008)
For the purpose of providing for the health, safety and general welfare of the community, the city council may from time to time amend the provisions imposed by these subdivision regulations. Public hearings on all proposed amendments shall be held by the planning commission and the city council in the manner prescribed by SDCL 11-6.
(1992 Code, App. A, § 15A.01.060) (Ord. 81-08, passed 7-7-2008)
(a) The city director of planning and development services and city engineer are hereby authorized and directed to enforce all the provisions of this chapter and establish rules for its administration. For those purposes, the director shall have the powers of a law enforcement officer.
(b) No owner, or developer, of any parcel of land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved in accordance with the provisions of the regulations and filed with the county register of deeds unless provisions of plat exemptions apply as within §§ 157.080 and 157.081.
(c) Whenever any work is being done contrary to the provisions of this chapter, the city director of planning and development services may order the work stopped by notice in writing served on any persons engaged in the doing or causing the work to be done; and any persons shall forthwith stop the work until authorized by the city director of planning and development services to proceed with the work.
(d) The city director of planning and development services and city engineer shall together have the authority to make interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions.
(e) No permit shall be issued for the demolition or construction of any building or structure located on a lot or parcel subdivided or sold in violation of the provisions of this chapter.
(1992 Code, App. A, § 15A.01.070) (Ord. 81-08, passed 7-7-2008; Ord. 87-18, passed 10-2-2018)
Loading...