(A) Conformity with other plans and ordinances. All subdivision plans and plats shall comply with the following additional laws, ordinances and regulations:
(1) The comprehensive plan of the city and the policies set forth therein.
(2) The zoning regulations of the city.
(3) The major street plan.
(4) SDCL § 11-3-12.1. Approval of access to street or highway prerequisite to filing plat.
(5) Other plans which may be or have been adopted that would affect the subdivision and use of land, such as those contained in SDCL Ch. 11-3 and 11-6.
(B) Interpretation, abrogation and severability. 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.
(C) Amendments. 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 in the manner prescribed by law.
(D) Variances.
(1) The City Council may reduce or otherwise vary the requirements of these regulations whenever it encounters a situation described below. In granting such variances, the City Council may require whatever conditions deemed necessary to secure the basic objectives of the particular regulations. The variances and waiver may be granted by the vote of ¾ of the City Council. Any variance granted by the City Council shall be noted in its official minutes.
(2) Unwarranted hardship. Whenever the City Council finds that unwarranted hardships or particular difficulties may result from strict compliance with these regulations, it may, after written application by the developer, grant variances to the regulations subject to specified conditions so that substantial justice may be done and the public interest secured. Such variances shall not have the effect of nullifying the intent and purpose of these regulations or the comprehensive plan. The City Council shall not grant variances to these regulations unless it makes findings based upon the evidence presented in each specific case on the following criteria:
(a) Because of unusual surroundings, shape or topographical conditions of the specific property, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were adhered to.
(b) The conditions upon which the request for a variance is based are unique to the property and are not applicable, generally, to other property and have not been created by any person having an interest in the property.
(c) The purpose of the variance is not based exclusively upon a desire for financial gain.
(d) The granting of the variance will not be detrimental to the public’s health, safety or welfare or injurious to property or improvements in the neighborhood in which the property is located.
(3) Large scale residential developments. The standards and requirements of these regulations may be modified by the City Council in the case of a plan for a new residential neighborhood which, in the judgment of the City Council, complies with the objectives of the comprehensive plan and city zoning regulations.
(4) Design innovations. From time to time subdivisions may be designed to provide unusual amenities and at the same time fail to conform strictly to the provisions of these regulations. The City Council may waive certain requirements of these regulations in approving subdivisions involving detailed and workable design innovations that would yield an enhanced living environment for future occupants.
(E) Development agreements. No plat, plats of any subdivision, or building permits shall be approved unless the street, sidewalks, water lines, sanitary sewer lines, storm sewer lines, alleys, streetlights, or any other public improvement required by this chapter have been constructed along the property’s frontage prior to such approval or unless the developer shall have signed a developer agreement to establish the responsibility for the construction of such improvements in a satisfactory manner as specified by the City Engineering Department and the City Council. A developer agreement shall also be required if the construction of multiple apartment units will be constructed in a phased approach. The agreement will require that any drainage infrastructure is constructed prior to the construction of the second building, or the start of the second phase, whichever is first. The developer agreement shall be recorded with the register of deeds at the time of the filing of the plat.
(Ord. 1251, passed 4-18-2011; Am. Ord. 1369, passed 5-21-2018)