§ 158.399 REAPPLICATION.

   No application requesting a zoning district classification change on any property whose application includes any property either entirely or substantially the same as that which has been denied by the board of the county commissioners and city council, shall again be considered by the planning commissions before the expiration of six months from the date of the final action of the board of county commissioners and city council.

(1992 Code, App. F, § 20.05) (Ord. 10-06, passed 1-23-2006)

ZONING BOARD OF ADJUSTMENT

§ 158.410 ESTABLISHMENT.

   The zoning board of adjustment shall consist of the planning commissions of Lincoln County and Sioux Falls. The board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances and hear appeals to the terms of these regulations in harmony with the general purpose and intent and in accordance with general and specific rules herein contained.

(1992 Code, App. F, § 21.01) (Ord. 10-06, passed 1-23-2006)

§ 158.411 OPERATIONAL PROCEDURE.

   (a)   The board shall meet at the regularly scheduled joint meetings of the county and city planning commissions. Special meetings may be held at the call of the chairpersons. All meetings of the board shall be open to the public and all business coming before the board shall be transacted at the meetings.

   (b)   The board shall keep minutes of its proceedings, records of examinations and other official actions, all of which shall be filed in the county planning department and shall be a public record.

(1992 Code, App. F, § 21.02) (Ord. 10-06, passed 1-23-2006)

§ 158.412 APPEALS.

   The board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the county planning director in the enforcement of these regulations.

(1992 Code, App. F, § 21.03) (Ord. 10-06, passed 1-23-2006)

§ 158.413 VARIANCES.

   The zoning board of adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case that all of the following conditions are present:

   (a)   The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

   (b)   The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use;

   (c)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located;

   (d)   The proposed variance will not unreasonably impair: an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area;

   (e)   That because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

   (f)   The variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations;

   (g)   The board shall hear and make determinations on variance to exceed the height limits as established by these regulations; and

   (h)   The board of adjustment, under its authority to grant variances may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.

(1992 Code, App. F, § 21.04) (Ord. 10-06, passed 1-23-2006)

§ 158.414 APPLICATION TO THE COUNTY FOR VARIANCE.

   Any person, firm or corporation desiring a variance or wishing to appeal a decision of the county planning director or his or her authorized representatives shall make application for the request to the county planning department. The application shall be provided by the department and completed in full by the applicant.

(1992 Code, App. F, § 21.05) (Ord. 10-06, passed 1-23-2006)

§ 158.415 FEES.

   Upon the filing of any application for a variance or appeal by the board, the applicant shall pay to Lincoln County the appropriate fee as designated in §§ 158.430 through 158.438. These fees shall be utilized to help defray necessary administrative costs of processing the application as required.

(1992 Code, App. F, § 21.06) (Ord. 10-06, passed 1-23-2006)