HomeMy WebLinkAboutOrdinance 22-006Ordinance 22-006
An Ordinance Authorizing the Planning Commission to Act as the Board
of Adjustment in the City of Brookings, South Dakota, and providing the Powers
and Duties of the Board of Adjustment
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
Sec. 66-13. Board of Adjustment.
(a) Established. A Board of Adjustment is hereby established. The Planning
Commission shall also act as the Board of Adjustment pursuant to SDCL 11-4-13,
and, when acting as the Board of Adjustment, shall be referred to as the Board of
Adjustment. The Planning Commission acting as a Board of Adjustment may, in
appropriate cases and subject to appropriate conditions and safeguards, hear
appeals and grant variances and special exceptions to the terms of the Zoning
Ordinance of the City of Brookings. Said approval shall be in accordance with the
general purpose and intent of the Zoning Ordinance of the City of Brookings and in
conformance with the general or specific rules contained therein.
(b) Powers. The Planning Commission acting as the Board of Adjustment shall have
the powers provided by law and the ordinances of the City of Brookings.
Sec. 66-14. Appeals.
The board of adjustment shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative official
in the enforcement of this chapter or of any ordinance adopted pursuant thereto.
Sec. 66-15. Hearing and deciding petitions for variances; conditions.
The board of adjustment shall also hear and decide petitions for variances to modify the
strict application of the setback, area, height, parking or density requirements as will not
be contrary to the public interest where each of the following conditions exist:
(1) Due to special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship, and variance shall not violate the
spirit of the ordinance and substantial justice may be achieved as a result of
variance.
(2) Unique circumstances apply to the property which do not apply to other
properties in the same vicinity or district.
(3) The variance is necessary for the preservation of a property right that is
substantially the same as that possessed by owners of other property in the
same district.
(4) The variance requested is the minimum variance which would alleviate the
hardship.
(5) Reasonable use of the property is not permitted under the terms of this
chapter.
Sec. 66-16. Limitations.
Any order of the board of adjustment granting a variance or special exception shall be
invalid unless the action authorized in the order is substantially completed within three
years from the date of such order and such order shall expire without notice. At the
expiration of said three-year period, the Board may, however, extend the time period for
good cause.
Brookings Ordinance Sections 94-42 through 94-45 are repealed because the Planning
Commission will assume the duties and carry out the functions of the Board of
Adjustment pursuant to this Ordinance.
Any or all other ordinances in conflict herewith are hereby repealed.
First Reading:
Second Reading
Published:
ATTEST:
6- - ie'J7
ffrm ter, City Clerk
January 25, 2022
February 8, 2022
February 11, 2022