Grant County Ordinance 2023-01

Grant County Ordinance 2023-01

ARTICLE II DEFINITIONS

Section 202a. Actual construction. Means that construction materials are being permanently placed and the construction work is proceeding without undue delay.

Section 210a. Aggrieved person. A person aggrieved is any person directly interested in the outcome of and aggrieved by a decision or action or failure to act pursuant to this Ordinance who:

1. Establishes that the person suffered an injury, an invasion of a legally protected interest that is both concrete and particularized, and actual or imminent, not conjectural or hypothetical;

2. Shows that a causal connection exists between the person's injury and the conduct of which the person complains. The causal connection is satisfied if the injury is fairly traceable to the challenged action, and not the result of the independent action of any third party not before the court;

3. Shows it is likely, and not merely speculative, that the injury will be redressed by a favorable decision, and;

4. Shows that the injury is unique or different from those injuries suffered by the public in general.

Section 277d. Special Permitted Use. Any land use listed as a special permitted use within a zoning district that meets the specified criteria for certification.

ARTICLE V

BOARD OF ADJUSTMENT, APPEALS, VARIANCE AND

CONDITIONAL USES

Section 501. Within Grant County, outside of incorporated municipalities, the power and jurisdiction related to this article shall be executed by the Board of Adjustment.

1. The Board of Grant County Commissioners shall appoint the Grant County Planning Commission and two (2) alternates to act as the County Board of Adjustment. If a Planning Commissioner acting as a Board of Adjustment member is unable to attend a meeting, the first alternate, or the second alternate in turn, shall serve in the member’s place. [Ord. 2004-1, Rev. 2004-1L]

2. The Chairman, or in his or her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses in order to execute the purposes of this article. [Ord. 2004-1]

3. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be public record. The Board of Adjustment shall keep record in the minutes showing the vote of each member upon each question or if absent or failing to vote, indicating that fact. [Ord. 2004-1]

4. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chair and at such other times as the Board shall determine.

5. A quorum of the Board of Adjustment consists of five (5) members physically present or participating remotely. The Board of Adjustment shall take no action on any item at a meeting where a quorum of the Board is not physically present or participating remotely.

6. The Board of Adjustment shall have the following powers and duties:

a. Administrative Review. To hear and decide where it is alleged by the appellant that there is error in any order, requirement, permit decision, determination or refusal made by the Zoning Officer or other administrative officers in the carrying out or enforcement of any provision of this Ordinance, and for interpretation of the Zoning Map.

b. Conditional Uses. To hear and decide applications for conditional uses that are specified in this Ordinance and for decisions on any special questions upon which the Board of Adjustment is specifically authorized to pass.

c. Variance. To hear and decide applications for variance from the terms of this Ordinance because of unnecessary hardship and to authorize upon appeal in specific cases such variance from the terms of this Ordinance as which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.

Section 502. Appeals, Record of Appeal, Hearing and Stays.

1. It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Officer, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Officer and that recourse from the decision of the Board of Adjustment shall be to the courts as provided by the laws of the State of South Dakota.

2. Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the County or city/town affected by any decision of the administrative Zoning Officer to grant or deny the permit. No other appeal, such as relating to a ministerial act or other preliminary act to bring an application or matter before the Board of Adjustment for hearing and a final decision is authorized. Such appeals shall be taken within a reasonable time, not to exceed twenty-one (21) days, as provided by the rules of the Board of Adjustment by filing with the officer from whom the appeal is taken and with Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property shall be consolidated and heard on an expedited basis

3. An appeal stays all proceedings in furtherance of the action appealed from, except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters prior to final decision by the Board of Adjustment, or unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.

4. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

5. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, hear and decide, on not less than ten (10) days public notice prior to an affixed time and place for hearing appeals where it is alleged by the appellant that there is error in any order, requirement, permit decision, determination or refusal made by the Zoning Officer or other administrative officers in carrying out the enforcement of any provision of this Ordinance, and for interpretation of the Zoning Map. At the hearing, any party may appear in person or by agent or attorney. The Board of Adjustment shall decide the appeal within sixty (60) days of receiving a notice of appeal. Any party may appear in person or by agent or by attorney. [Ord. 2004-1]

Section 503. Powers and Jurisdiction Relating to Administrative Review; Reversing Decision of Administrative Officer.

The County Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an the Zoning Officer or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location of structures or to interpret any map. [Ord. 2004-1] An appeal will not be heard until:

1. The applicant or any other person aggrieved by the decision of the Zoning Officer shall file a written appeal with the Board of Adjustment within twenty-one (21) days of the decision.

2. The Zoning Officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed was taken.

3. Notice of public hearing shall be published once, ten (10) days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected. Written notice shall be given to the appellant seven (7) days prior to meeting.

4. The Zoning Officer shall present his/her decision to the Board of Adjustment for review.

5. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appeal from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of two-thirds (2/3) of the full membership (five (5) members) of the Board of Adjustment is required to overrule or amend the decision of the Zoning Officer.

Section 504. Powers and Jurisdiction Relating to Conditional Uses. The County Board of Adjustment shall have the power to hear and decide, in accordance with the provisions of this regulation Ordinance, requests for conditional uses or for decisions upon other special questions upon which the Board of Adjustment is authorized by this regulation Ordinance to pass; to decide such questions as are involved in determining whether special conditions and safeguards as are appropriate under this regulation Ordinance, or to deny conditional uses when not in harmony with the purpose and intent of this regulation Ordinance. A conditional use permit shall not be granted by the Board of Adjustment unless and until:

1. A written application for a conditional use is submitted, indicating the section of this regulation Ordinance under which the special exception conditional use is sought and stating the grounds on which it is requested.

2. Notice of hearing shall be published once ten (10) days prior to the hearing in a paper of general circulation in the area affected.

3. The public hearing shall be held. Any party may appear in person, or by agent or attorney.

4. The Board of Adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the conditional use permit, grant with conditions, or deny the conditional use permit, and that the granting of the conditional use permit will not adversely affect the public interest.

5. The Board of Adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the conditional use permit, grant with conditions, or deny the conditional use permit, and that the granting of the conditional use permit will not adversely affect the public interest.

6. Before any conditional use is granted, The granting of any conditional use permit by the Board of Adjustment shall make be based upon written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:

a. Entrance to and exit from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b. Off-street parking and loading areas where required, with particular attention to the items in (a) above and the economic, noise, glare, odor or other effects of the conditional use on adjoining properties and properties generally in the district.

c. Refuse and service areas, with particular reference to the items in (a) and (b) above.

d. Utilities, with reference to locations, availability, and compatibility.

e. Screening and buffering with reference to type, dimensions, and character.

f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

g. Required yards and other open spaces.

h. General compatibility with adjacent properties and other property

a. Access:

i. The roads providing access to the property shall be determined to be adequate to meet the transportation demands of the proposed conditional use. The Board of Adjustment may require the applicant to enter into a written contract with the applicable road authority regarding the upgrading and continued maintenance of any roads used for conditional use requested prior to issuance of a Conditional Use Permit.

ii. Reasonable provisions have been made for safe vehicular and pedestrian entrance and exit of the property for daily and emergency traffic.

b. Parking and internal traffic:

i. The parking areas and driveways will be covered in materials appropriate for the internal traffic generated by the use.

ii. The number of parking spaces is appropriate for the proposed use of the property.

c. Utilities and refuse:

i. The manner by which electricity, water, sewer, natural gas and other utilities will be provided has been described.

ii.Consideration has been given to the location of refuse and service areas and manner for disposing of trash, junk, or other debris.

d. Screening, buffering, and open space:

i. The type, dimensions, and character of any fences, walls, hedges or other materials used for screening; and/or open space is appropriate for the proposed use in reference to the specific property.

e. Lighting:

i. Lights associated with the use will not create a nuisance nor distract traffic.

ii. Brightness, intensity, glare of lights will be similar to lighting which would be customarily used for permitted uses in the applicable zoning district.

f. General compatibility with adjacent properties and other property in the district.

i. Any use listed as a Conditional Use is generally compatible in the district in which it is listed.

ii. General compatibility is used when prescribing conditions for approval of a permit.

7. A conditional use that is granted but not used within two (2) years shall be considered invalid unless an extension has been requested and approved by the Board of Adjustment. Expiration of a Conditional Use Permit :

a. Unless otherwise specified by the Board of Adjustment, a conditional use permit shall expire one (1) year from the date upon which it becomes effective if no actual construction has commenced at the time of the conditional use permit’s expiration date Upon written request to the Board of Adjustment and prior to the conditional use permit expiration date, a one (1) year time extension for the conditional use may be granted by the Board of Adjustment.

b. If a decision by the Board of Adjustment to grant a conditional use permit is appealed to circuit court the conditional use permit that was granted does not expire for a period of two (2) years following completion of any final appeal of the decision.

8. The affirmative vote of two-thirds (2/3) five (5) votes of the full membership An affirmative majority vote of the present and voting members of the Board of Adjustment is required to approve a conditional use.

9. In granting the Conditional Use Permit, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this regulation Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance and punishable under Section 808 of this ordinance. The Board of Adjustment may, after notice and hearing, revoke a conditional use permit in the event of a violation of any of the conditions upon which such permit was issued. In addition, the conditional use permit may not be transferred during any violation.

10. Any alteration, construction, use of earthmoving equipment, or other change pursuant to a zoning permit or allowed land use on neighboring land that began after the date on which an application for a conditional use is received, and that causes the application to fail to meet one or more of the criteria or requirements for conditional use under the zoning ordinance, does not cause the request for a conditional use permit to be considered nonconforming until a final disposition of the conditional use request is determined pursuant to SDCL 11-2-61 or SDCL 11-2-65. If the conditional use permit is granted, the conditional use shall be considered a lawful use, lot, or occupancy of land or premises and may be continued even though the use, lot, or occupation does not conform to the provisions of the ordinance. If the conditional use is not pursued by the applicant for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance.

10. 11. Reapplication. No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property which has been denied by the Board of Adjustment shall be again considered by the Board of Adjustment before the expiration date of six (6) months from the date of the final action on the petition. [Ord. 2004-1]

Section 505. Powers and Jurisdiction Relating to Variances. The County Board of Adjustment shall have the power, where, by reason of exception, narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this regulation Ordinance, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation under this regulation Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantially impairing the intent and purpose of this regulation Ordinance. A variance shall not be granted by the Board of Adjustment unless and until:

1. No such variance shall be authorized by the County Board of Adjustment unless it finds that the strict application of the regulation Ordinance would produce undue hardship; such hardship is not shared generally by other properties in the same zoning district and the same vicinity; the authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, and caprice.

2. No variances shall be authorized unless the County Board of Adjustment finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this regulation Ordinance.

3. A variance from the terms of this regulation Ordinance shall not be granted by the County Board of Adjustment unless and until a written application for a variance is submitted demonstrating that special conditions and circumstances exist which are peculiar to the land, structure, or buildings in the same district; that literal interpretation of the provisions of this regulation Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this regulation Ordinance; that the special conditions and circumstances do not result from the actions of the applicant, and that granting the variance requested will not confer on the applicant any special privilege that is denied by this regulation Ordinance to other lands, structures, or buildings in the same district.

4. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

5. Notice of public hearing shall be given as in Section 504; the public hearing shall be held. Any party may appear in person, or by agent or by attorney; the County Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a variance; the County Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; the County Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this regulation Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

6. In granting any variance, the County Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this regulation Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this regulation Ordinance and punishable under the terms of this regulation Ordinance.

7. Under no circumstances shall the County Board of Adjustment grant a variance to allow a use not permissible under the terms of this regulation Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this regulation Ordinance in said district.

8. A variance that is granted but not used within one (1) year shall be considered invalid unless an extension has been requested and approved by the Board of Adjustment. Expiration of a Variance:

a. Unless otherwise specified by the Board of Adjustment, a variance shall expire one (1) year from the date upon which it becomes effective if no actual construction has commenced at the time of the variance’s expiration date Upon written request to the Board of Adjustment and prior to the variance expiration date, a one (1) year time extension for the variance use may be granted by the Board of Adjustment.

b. If a decision by the Board of Adjustment to grant a variance is appealed to circuit court the variance that was granted does not expire for a period of two years following completion of any final appeal of the decision.

9. The affirmative vote of two-thirds (2/3), five (5) votes, of the full membership of the Board of Adjustment is required to approve a variance.

10. Limitations. Any order of the Board of Adjustment granting a variance may be declared invalid by the Board of Adjustment unless substantially completed within two years from the date of such order. The Zoning Officer shall notify the property owner of record upon invalidation of a variance. [Ord. 2004-1]

Section 506. Board of Adjustment has Powers of Administrative Officer on Appeals. Reversing Decision of Administrative Officer. In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appeal from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. [Ord. 2004-1] (Reserved)

Section 507. Appeals to a Court of Record. Any person or persons, jointly or severally aggrieved by a decision of the Board of Adjustment or any taxpayer, landowner, or any officer, department, board, or bureau of the County may appeal as provided by State law. present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment. The Board of Adjustment shall respond to the petition within thirty (30) days of receiving the notice of the filing and shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.

A petitioner to the circuit court under this section shall pay all transcript costs required to complete the record of proceedings of the board appealed from.

ARTICLE VI

DUTIES OF COUNTY ZONING

OFFICER, BOARD OF ADJUSTMENT, AND COURTS ON MATTERS

OF APPEAL

It is the intent of this regulation that all questions of interpretation and enforcement shall be first presented to the County Zoning Officer, and that such questions shall be presented to the County Board of Adjustment only on appeal from the decision of the Zoning Officer, and that recourse from the decision of the County Board of Adjustment shall be to the courts as provided by law. [Ord. 2004-1] (Reserved)

ARTICLE VII

SCHEDULE OF FEES, CHARGES, AND EXPENSES

Section 701. The Board of County Commissioners shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the County Zoning Officer and may be altered or amended only by the Board of County Commissioners.

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. [Ord. 2004-1]

ARTICLE VIII

ENFORCEMENT

Section 801. Enforcing Officer. The provisions of this regulation Ordinance shall be administered and enforced by a County Zoning Officer appointed by the Board of County Commissioners, who shall have the power to make inspection of building or premises necessary to carry out his duties in the enforcement of this regulation Ordinance. [Ord. 2004-1]

Section 802. Right-of-Entry.

Whenever necessary to make an inspection to enforce any of the provisions of this regulation Ordinance, or whenever the Zoning Officer or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises a regulation Ordinance violation, the Zoning Officer or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Zoning Officer by this ordinance, provided that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Zoning Officer or an authorized representative shall have recourse to every remedy provided by law to secure entry.

When the Zoning Officer or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Zoning Officer or an authorized representative for the purpose of inspection and examination pursuant to this regulation Ordinance. [Ord. 2004-1]

Section 803. Stop Order

Whenever any work is being done contrary to the provisions of this ordinance, the Zoning Officer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Zoning Officer to proceed with the work. [Ord. 2004-1]

Section 804. Occupancy Violation.

Whenever any building or structure regulated by this ordinance is being used contrary to the provisions of this ordinance, the Zoning Officer may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such persons shall discontinue the use within the time prescribed after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this ordinance. [Ord. 2004-1]

Section 805. Building Permit.

1. Building Permit Required. It shall be unlawful to commence the excavation for or the construction of any building or any accessory building, or to commence the moving or alteration of any buildings, including accessory buildings, until the County Zoning Officer has issued a building permit for such work. Furthermore, it shall be unlawful to commence work until the building permit is displayed in a conspicuous place visible from public right-of-way. No building or other structure shall be erected, partially erected, moved, added to, structurally altered, or used without a permit issued by the Zoning Officer. No building permit shall be issued by the Zoning Officer except in conformity with the provisions of this ordinance unless the Zoning Officer has received a written order from the Board of Adjustment in the form of an administrative review, conditional use, or variance as provided by this ordinance.

It shall be unlawful to commence the excavation for the construction of any structure or to commence the moving onto a property, or alteration of any structures, until the Zoning Officer has issued a building permit for such work. A permit is also required for any filling, grading, lagooning, or dredging which is related to site preparation for future construction.

2. Issuance of a Building Permit. In applying to the County Zoning Officer for a building permit, the applicant shall submit a dimensioned sketch or a scale plan indicating the shape, size, and height and location of all buildings, to be erected, altered, or moved and of any building already on the lot. He shall also state the existing and intended use of all such buildings, the location of existing or proposed water and sewer facilities, and supply such other information as may be required by the County Zoning Officer for determining whether the provisions of this regulation Ordinance are being observed. If the proposed excavation or construction as set forth in the application are in conformity with the provisions of this regulation Ordinance, and other regulations of the County then in force, the County Zoning Officer shall issue a building permit for such excavation or construction. If a building permit is refused, the County Zoning Officer shall state such refusal in writing, with the cause, and shall immediately thereupon mail notice of such refusal to the applicant at the address indicated upon the application. The County Zoning Officer shall grant or deny the permit within a reasonable time from the date the application is submitted.

3. The issuance of a building permit shall, in no case, be construed as waiving any provisions of this regulation Ordinance. A building permit shall become void six (6) months from the date of issuance unless substantial progress has been made by that date on the project described therein. If the work described in any building permit has not begun within one hundred and eighty (180) days or has not been substantially completed within one (1) year of the date of issuance thereof, said permit shall expire; it shall be canceled by the Zoning Officer and written notice thereof shall be given to the persons affected. The notice shall state that further work as described in the canceled permit shall not proceed unless, and until, a new building permit has been obtained. [Ord. 2004-1]

Section 806. Construction and Use to be as Provided in Application, Plans, Permits, and Application for Zoning Compliance.

Building permits issued on the basis of plans and applications approved by the Zoning Officer authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, and punishable as provided by Section 808 of this regulation Ordinance. [Ord. 2004-1]

Section 807. Complaints Regarding Violations.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. The Zoning Officer shall record properly such complaint with the Board of Adjustment and investigate and take action thereon as provided by this Ordinance.

If the Zoning Officer shall find that any of the provisions of this Ordinance are being violated, he/she shall notify, in writing by certified mail with return receipt, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The party responsible for the violation shall respond within seven (7) working days from receipt of the letter; otherwise, they will be considered in violation and punishable under Section 808. [Ord. 2004-1]

Section 808 Violation and Penalty.

1. It is declared unlawful for any person to violate any of the terms and provisions of these regulations this Ordinance or other official control adopted by the Board of County Commissioners pursuant thereto.

In the event of a violation or a threatened violation of these regulations or restrictions, the Board of County Commissioners or any member thereof, in addition to other remedies, may institute an appropriate action or proceeding to seek an injunction in a court of competent jurisdiction to prevent, restrain, correct or abate such violation or threatened violation, and it is the duty of the State's Attorney to institute such action.

2. In the event, of a violation or a threatened violation of these regulations or restrictions, any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations this Ordinance, the Board of County Commissioners or any member thereof, appropriate authorities of Grant County in addition to other remedies, may institute an injunction, mandamus or other appropriate actions or proceedings to seek an injunction in a court of competent jurisdiction to prevent, restrain, correct or abate such violation or threatened violation, and it is the duty of the State's Attorney to institute such action and to prevent the occupancy of said building; structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

3. Any taxpayer of the County may institute mandamus proceedings in Circuit Court to compel specific performance by the proper official or officials of any duty required by these regulations this Ordinance.

4. Violations of the ordinance shall be treated in the manner specified below.

a. Any person who starts work for which a permit (building, special permitted use, conditional use, variance, rezoning) is required by this Zoning Ordinance, without first securing such permit and paying the prescribed fee, shall be charged according to the provisions of this section. All fees assessed there under shall be rounded to the nearest whole dollar.

i. Upon finding such violation, the zoning officer shall send written notification of the requirement that a permit(s) be obtained to the owner of the property involved by certified mail with return receipt requested. If application for said permit is filed within seven (7) working days from the date of receipt of the letter, an administrative fee shall be assessed in the amount of one hundred percent (100%) of the fee for the permit(s) plus the cost of the postage for mailing the aforementioned notice. In no case shall this administrative fee be less than five dollars ($5.00), including the postage costs.

ii. If application for said permit is filed after the deadline of seven (7) working days following receipt of the notification of the requirement therefore, there shall be imposed an administrative fee in the amount of two (2) times the permit(s) fee. The payment of the administrative fee shall not relieve such person from the provisions of (b) below.

iii. Any administrative fee or penalty imposed under the provisions of this Zoning Ordinance shall be in addition to any other fees or charges required under this Zoning Ordinance.

d. It is declared unlawful for any person to violate any of the terms and provisions of this Ordinance or other official control adopted by the Board of County Commissioners pursuant thereto. Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provision of this Zoning Ordinance may be subject to a civil or criminal penalty. The penalty for violation of this Zoning Ordinance shall be five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days, or both, and in addition the violator shall pay all costs and expenses involved in the case. Each and every day that such violation continues after notification may constitute a separate offense. All fines for violation shall be paid to the County Auditor and shall be credited to the General Fund of the County.

The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 809. Procedures for Approval of Special Permitted Use Permit

1. The special permitted use procedure is an administrative review process, where the Zoning Officer shall have the power to review an application for conformance with the applicable standards and approval criteria and issue a special permitted use permit. Requests for special permitted uses may be granted if it has been determined that the prescribed conditions for a specific use have been met or assurance has been provided that the conditions will be met. A special permitted use permit shall not be granted unless and until:

a. A written application for a special permitted use is submitted, indicating the section of this Ordinance under which the special permitted use is sought and stating the grounds on which it is requested.

b. The Zoning Officer shall review the application for conformance with this ordinance.

c. If the Zoning Officer determines that the application is in conformance with the prescribed performance standards, the Zoning Officer shall make written findings certifying compliance with the specific standards governing the specific special permitted use permit and that satisfactory provisions and arrangements have been made concerning the prescribed conditions for the special permitted use permit.

been made concerning the

d. The Zoning Officer shall then issue the special permitted use permit subject to the applicant agreeing to any conditions prescribed by this ordinance for the specific special permitted use permit.

e. The Zoning Officer shall then issue any other associated building/use permits.

f. If the application does not meet all of the prescribed performance standards for the special permitted use, the Zoning Officer shall determine that the application is not in conformance with this Section and appropriate special permitted use standards and shall deny the application. The applicant may, as appropriate:

i. Apply for a variance from lot area, size of structure(s) or size of yards and open spaces

ii. Apply for conditional use permit, if eligible.

iii. Appeal the decision of the Zoning Officer in accordance with Section 503.

g. A special permitted use permit shall expire one (1) year from the date upon which it becomes effective if no actual construction has commenced. Upon written request to the Zoning Officer and prior to the special permitted use expiration date, a one (1) year time extension for the special permitted use may be granted by the Zoning Officer.

h. If a decision by the Zoning Officer to issue a special permitted use permit is appealed to circuit court the special permitted use permit that was granted does not expire for a period of two (2) years following completion of any final appeal of the decision.

ARTICLE IX

AMENDMENTS

Section 901. Petition by Individual Landowner or by County for Zoning Change -- Notice to Abutting Landowners. An individual landowner may petition the Board to change the zoning of all or any part of his property. The Board of County Commissioners may from time to time on its own motion, after public notice and hearing, and after a recommendation by the Planning Commission amend, supplement, or change the boundaries or regulations herein or subsequently established. Such petitioning landowner or County Commission, if rezoning is initiated by the County, shall also notify all other abutting landowners by registered or certified mail of the petitioned zoning change at least seven (7) days prior to any public hearing held thereon by the Board of County Commissioners (Board). Property shall be considered as abutting even though it may be separated from the property of the petitioner by a public road or highway. [Ord. 2004-1]

Section 902. Hearing by Planning Commission on Proposed Change -- Publication of Notice. Upon such filing or upon separate request by the Board, the Planning Commission shall hold a public hearing not less than ten (10) days after notice published in a newspaper of the county. At such public hearing, any person may appear and request or protest the requested change. The Planning Commission shall consider all applications for zoning district classification changes and make a recommendation to the Board of County Commissioners. [Ord. 2004-1]

Section 903. Hearing by County Commissioners. Following receipt of the recommendation of the Planning Commission, the Board shall hold a public hearing after notice in a newspaper of general circulation. The County Auditor shall give notice of the time and place of hearing once at least ten (10) days in advance by publication in a legal newspaper of the county. At such public hearing, any person may appear and request or protest the requested change. [Ord. 2004-1]

Section 904. Adoption or Rejection by County Commissioners -- Publication of Change. The Board of County Commissioners shall thereafter by ordinance, either adopt or reject such amendment, supplement, change, modification or repeal, and if it is adopted by the Board of County Commissioners, the Board shall publish a notice of the fact of once in the official newspaper in such County and take effect on the twentieth (20th) day after its publication. [Ord. 2004-1]

Section 901. Amendments to Zoning Ordinance.

1. Whenever the public necessity, safety, and general welfare or good zoning practices justifies such action, and after consideration and recommendation by the Planning Commission, as provided herein, the Board of County Commissioners may change zoning district boundaries, or the regulations established by this ordinance. A proposed change of zoning district boundaries or regulations may be in the following manners:

a. The Board of County Commissioners may direct the Planning Commission, to consider a change of zoning district boundaries or regulations;

b. The Planning Commission may initiate a change of zoning district boundaries or regulations;

b. One (1) or more of the owners of property within the area requested proposed to be rezoned may present a request to change the zoning district boundaries;

d. Initiated petitions specifying and requesting amendments to the regulations of this ordinance containing signatures of twenty (20) percent of the landowners in the zoning district or districts may be presented to the Zoning Officer.

2. Unless otherwise provided for in this Ordinance, any change in these regulations shall require Board of County Commissioners approval of an ordinance describing said changes. The Board of County Commissioners may not consider said ordinance until the Planning Commission has delivered a recommendation to either approve or not approve said ordinance amendment.

Section 902. Procedure for Amendments.

The following procedure for requesting a Zoning Amendment or Zoning District Boundary Change shall be followed:

1. The landowner or other person(s) requesting the Text Amendment/Boundary change shall complete an application, available from the Zoning Officer. Completed applications shall be returned to the Zoning Officer for review. To be considered by the Planning Commission and Board of County Commissioners, the application form shall be completed and shall be accompanied by the following items:

a. Any required attachments and fees, including Registered or Certified Mail.

b. Any additional information, as requested by the Zoning Officer, as lawfully may be required to determine conformance with and provide for enforcement of this ordinance.

c. The Zoning Officer shall review the application, and shall forward a summary of the application, and his/her comments regarding said application, to the Planning Commission for their review.

d. The Zoning Officer shall set the date, time, and place for public hearings to be held by the Planning Commission and Board of County Commissioners. The Zoning Officer shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed amendment; such notice shall be published not less than ten (10) days prior to each board’s (Planning Commission, Board of County Commissioners) public hearing. If the proposed amendment will change the boundaries of a zoning district, the Zoning Officer shall notify all owners of property within two hundred fifty (250) feet of the proposed boundary change, by Registered or Certified Mail at the expense of the applicant, at least one (1) week before the public hearing.

e. The public hearing shall be held. Any person may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning Commission.

f. The Planning Commission shall either recommend approval or denial of the amendment to the Board of County Commissioners.

g. The Board of County Commissioners shall either approve or deny the ordinance describing the proposed changes to these zoning regulations, in accordance with standard procedures for reading, approval, publication, and effective date.

h. After passage, the Ordinance Amendment shall take effect on the 20th day after its publication in the official newspaper of the County.

Section 9053. Reapplication. No application requesting a zoning district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board, shall again be considered by the Planning Commission before the expiration of six (6) months from the date of the final action of the Board. [Ord. 2004-1]

Adopted by the Grant County Board of Commissioners on this 15th day of August, 2023.

 /s/ Michael J.  Mach,

Chairman,

Grant County

Board of Commissioners

ATTEST:

Kathy Folk, 

Grant County Auditor              

Published once at an approximate cost of $516.89 and can be viewed free of charge at www.sdpublicnotices.com.

1st Reading: August 1, 2023

2nd Reading: August 15, 2023 

Adopted: August 15, 2023

Published: August 23, 2023

Effective: September 12, 2023

This ordinance shall become effective 20 days after publication of this notice in the official newspaper, thereby repealing all ordinances or parts thereof in conflict herewith unless a referendum in timely involved prior thereto.