TITLE 9 -- PLANNING AND ZONING

TITLE 9 -- PLANNING AND ZONING

Chapter 9.01 - Planning Commission

Chapter 9.02 - Zoning and Subdivision Regulations

Chapter 9.03 - Uniform Building Code

Chapter 9.04 - Plumbing and Electrical Work

9.01.01 Created. There shall be created a planning and zoning commission which shall be referred to as the Planning Commission. (SDCL 11-6-2)

9.01.02 Composition. The Planning Commission shall consist of five members appointed by the City Council. One member shall be a member of the City Council, who shall serve during his term of office. The term of each appointed member shall be for five years, except when the Planning Commission is first appointed, two members shall be appointed for three years and two for five years. Thereafter, appointments of each member shall be for terms of five years to provide an overlapping of tenure. All members of the Planning Commission shall serve as such without compensation.

The Planning Commission shall elect a Chairman and Secretary from among its members to serve a term of one year, with eligibility for re-election. The Planning Commission shall hold meetings as necessary, as called by the Chairman or directed by the City Council. The Planning Commission shall keep minutes and records of its activities, which shall be a public record. The Planning Commission may appoint such employees as it may deem necessary for its work, and may also contract with planners, engineers, architects and other consultants for such services as it may require; provided, however, such appointments and contracts shall be approved by the City Council.

9.01.03 Powers and Duties. The Planning Commission may exercise all such planning and zoning powers granted in South Dakota Codified Laws 11-4 and 11-6 and acts amendatory thereof, as may be necessary to enable it to fulfill and perform its functions, promote municipal planning or carry out all the purposes of this Chapter.

9.01.04 Comprehensive Plan. It shall be a function and duty of the Planning Commission to make and adopt a comprehensive plan for the physical development of the City. The plan may include among other things, population and economic projections, park and recreation plans, a major street plan, water and sewer plans, and a land use plan which shows the Planning Commission's recommendations for future physical development. (SDCL 11-6-14)

9.01.05 Zoning and Subdivision Regulations. In exercising the duties granted to it by this Chapter, the Planning Commission shall prepare regulations governing land uses, building or set-back lines and the subdivision or platting of land within the City in accordance with SDCL 11-4 and 11-6.

All applications and proposals for amendments to the zoning and subdivision regulations, and all plans, plats, or re-plats of subdivisions of land shall first be submitted to the Planning Commission for its recommendation before approval by the City Council.

The City Council may provide for the Planning Commission to act as a Board of Adjustment to make special exceptions or grant variances to the terms of the zoning regulations.

CHAPTER 9.02 - ZONING AND SUBDIVISION REGULATIONS

9.02.01 Adoption. The City Council shall, upon recommendation of the Planning Commission, adopt regulations governing the zoning and subdivision of land within the City. Such regulations shall be adopted in accordance with SDCL 11-4 and 11-6.

CHAPTER 9.03 - UNIFORM BUILDING CODE

9.03.01 Adoption. The most current edition of the Uniform Building Code, published by the International Conference of Building Officials, and the One and Two Family Dwelling Code, published by the Council of American Building Officials, are hereby adopted by the City. A printed copy of such Uniform Building Code and the One and Two Family Dwelling Code shall be filed with the Finance Officer as an appendix to this ordinance.

9.03.02 Conflicts. In the event of any conflict between the provisions of these codes, State law or City ordinance, rule or regulation, the provisions of State law or City ordinance, rule or regulation shall prevail and be controlling.

9.03.03 Building Official. The Maintenance Superintendent shall act as the Building Official unless otherwise appointed by the City Council. It shall be the duty of the Building Official to enforce all regulations relative to the construction, alteration, removal, and demolition of buildings and structures, to approve all permits authorized by the building codes, and to make all necessary inspections as required.

9.03.04 Application for Permits. Application for all permits required by the building codes shall be submitted to the Building Official, who shall endorse approval or disapproval thereof, and shall file such application with the Finance Officer.

9.03.05 Permit Fees. No permit shall be issued unless the appropriate fee, based on the entire cost of construction, is paid to the City. Such fees shall be established by resolution of the City Council. (SDCL 9-33-4, 33-4.1 and 33-4.2)

CHAPTER 9.04 - PLUMBING AND ELECTRICAL WORK

9.04.01 Registration Required. No person shall engage in or do any work as a plumbing or electrical contractor, plumber or electrician, or apprentice in the City unless registered to do so with the South Dakota State Plumbing Board or State Electrical Board pursuant to SDCL 36-16 and 36-25. A copy of such registration shall be filed with the Finance Officer. Nothing in this Section shall prohibit any person from doing plumbing or electrical work which complies with the provisions of the minimum standards prescribed by the South Dakota State Plumbing Board or State Electrical Board on property owned and occupied by him or on premises where he may be employed in full time maintenance work, provided that such plumbing or electrical work is still subject to all other applicable ordinances and regulations. (SDCL 9-34- 12)