Q-11 SUPPLEMENTARY REGULATIONS APPLICABLE TO SOME OR ALL DISTRICTS
Q-11-101 GASOLINE DISTRIBUTION LOCATION
No filling station, public garage, or gasoline distributing station will hereafter be located within three hundred (300) feet of any school, church, hospital, or public meeting place.
Cross Reference: ARSD ch. 61:15:03
Q-11-102 JUNK OR SALVAGE YARDS
No junk or salvage yard may continue as a nonconforming use for a period of more than one (1) year after the effective date of this chapter, except that a junkyard may continue as a nonconforming use in the commercial or industrial district if within that period it is completely enclosed within a building or within a continuous solid fence of such height as to screen the operations of the junk or salvage yard. Plans for such building or fence must be approved by the Public Works Director or designee before the same is erected.
Authority: SDCL 8-12-13, 11-4-2
Cross Reference: SDCL 31-30-2(3)
Q-11-103 BOARD OF ADJUSTMENT AND APPEALS
A Board of Adjustments and Appeals is hereby created which shall consist of five (5) members appointed by the Mayor with the approval of the City Council. Each member shall serve for a term of three (3) years and until his successor is appointed and qualified; but of the members first appointed pursuant to this chapter, two (2) shall serve for terms of one (1) year; two (2) for terms of two (2) years; and one (1) for a term of three (3) years. Vacancies shall be filled by the Mayor with approval of the Council for the unexpired portion of the term. Any appointed member may be removed by the appointing authority for cause upon written charges presented at a public hearing.
Three-fourths of the members of the Board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. Three-fourths of the Board must agree for any action to be taken. The Board shall keep a written record of all its proceedings, which shall include minutes of its meetings showing the vote of each member or, if absent or failing to vote, an indication of such fact; records of its examinations and official actions; its findings, and final orders indicating the action taken on each matter heard by the Board.
The Board shall adopt rules for its own proceedings, which shall provide, among other things, for regular meetings at the call of the chairman and at such other times as the Board may determine. The rules shall also provide for a time limit, within which appeals may be taken as provided herein. The Board shall annually select a chairman, vice-chairman and secretary. No member of the Board shall receive compensation except as fixed by the Council.
Subject to appeal to a court of record, as provided in SDCL 11-4-25, the Board of Adjustments and Appeals must hear and decide appeals and requests in the following cases:
A. Appeals wherein an error is alleged in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter.
B. Applications for special use permits.
C. Requests for variances from the literal provisions of this chapter whenever strict enforcement of the same would result in unnecessary hardship because of circumstances unique to the individual property under consideration.
Appeals from an administrative order or decision must be taken within forty-five (45) days by filing a notice of appeal with the officer from whom the appeal is taken and the secretary of the Board. Upon receipt of the notice of appeal, the officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Within thirty (30) days after the appeal is filed, the Board of Adjustments and Appeals must set a date for a hearing thereon, give public notice thereof, and hear such persons as may wish to be heard, either in person or by attorney. Notice of the hearing shall be mailed not less than ten (10) days before the date thereof to the person or persons who filed the appeal. Within a reasonable time after the hearing the Board shall make its order deciding the matter, and a copy thereof shall be served forthwith upon the appellant by mail. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made.
Requests for variances must be filed in writing with the secretary of the Board of Adjustments and Appeals and shall state fully the grounds therefore and the facts relied upon by the applicant. Within sixty (60) days after the request is filed, the Board of Adjustments and Appeals shall set a date for a hearing therein, give public notice thereof, and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of the hearing shall be mailed to the person or persons who filed the request. Within a reasonable time after the hearing, the Board shall make its order deciding the matter, and a copy thereof shall be served forthwith upon the appellant or applicant by mail.
In granting a variance, the Board of Adjustments and Appeals may attach thereto such conditions as it deems necessary to secure compliance and protect adjacent properties. The Board may not permit as a variance any use that is not permitted under City ordinance for property in the district wherein the property is located. No variance shall be granted or recommended unless the Board finds that:
A. Special circumstances or conditions affecting the property are such that strict enforcement of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
B. The variance is necessary for the preservation and enjoyment of a substantial property right.
C. The variance will not be detrimental to the public welfare nor injurious to other property in the area in which the affected property is located.
The concurring vote of four (4) members of the Board will be necessary to reverse any order, requirement, decision, or determination of an administrative officer, to decide in favor of the applicant on any matter upon which it is required to pass pursuant to this ordinance, or to effect any variation in such ordinance.
Authority: SDCL 11-4-14, 11-4-15, 11-4-16, 11-4-17, 11-4-19, 11-4-20, 11-4-21, 11-4-22, 11-4-23, 11-14-13
Q-11-104 PLANNING AND ZONING COMMISSION
The City Planning and Zoning Commission shall consist of five (5) members and one (1) alternate who shall be resident electors of the City qualified by knowledge or experience to act in matters pertaining to the development and administration of a City plan, and who shall not hold any elective office in the City government and one (1) member who shall be a resident of the extra-territorial mile qualified by knowledge or experience to act in matters pertaining to the development and administration of a City plan, and who shall not hold any elective office in the County government. The resident electors of the City shall serve for a term of five (5) years and until his successor is appointed and qualified, to allow for an overlapping of tenures. The resident of the extra-territorial mile shall serve for a term of one (1) year and until his successor is appointed and qualified. The members of the City Planning and Zoning Commission shall be appointed by the Mayor, subject to the approval of the City Council. All terms of the Commission members and officers shall expire on the first day of May in any given year.
Source: Ordinance No. 859
Authority: SDCL 11-6-2, 11-6-3, 11-6-7, 11-6-8, 11-6-9
Q-11-105 SCHEDULE OF FEES, CHARGES AND EXPENSES
The City Council 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 chapter. The schedule of fees shall be posted in the office of the administrative officials, and may be altered or amended only by the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal in compliance with Chapter S.
Authority: SDCL 11-4-3
Cross reference: P-1-1, S-1-5
Q-11-106 SEDIMENT AND EROSION CONTROL
The City’s governing body hereby finds that the lands and waters of the City are natural assets and resources, and that such lands are being subject to the improper water runoff and erosion and that such waters are subject to pollution as the result of said improper water runoff, erosion and deposition of sediment, arising from disturbances and changes of the surface of such lands. Any grading, excavation, embankment which creates erosion by the owner or developer requires a DENR permit.
The purpose of this regulation is to protect the lands and waters of this City, to the extent of practical, from the results of improper water runoff, soil erosion and sedimentation through controls of some of the disturbances and changes of the surface of the earth.
- “City” shall mean the City of Fort Pierre, South Dakota.
- “Governing body” shall mean the City Council, in and for the City of Fort Pierre, South Dakota.
- “Water runoff” shall mean the way by which natural snow melt or rainwater uses to seek its lowest level.
- “Soil erosion” shall mean the process by which the soil is moved away by the action of wind or water after land disturbing activity.
- “Sediment” shall mean soil or other surface materials transported by wind or surface water as a product of erosion.
- “Excavation” shall mean any act by which soils or rock is cut into, dug, uncovered, removed, displaced, or relocated.
- “Grading” shall mean any displacement of soil stripping, excavating, filling, stockpiling, or any combination thereof.
- “Embankment,” “fill,” or “berm” shall mean a deposit of soil, rock, or other material placed by man.
- “Minor land disturbing activities” shall mean activities such as construction of a single family dwelling by the owner, construction of private roadways, home landscaping by owners, operators, and tenants, and garden areas that are not primarily designed to enhance production or conserve soil resources.
- “Major land disturbing activities” shall mean activities such as development of residential properties, storm sewers, street and gutter construction, trenching for utilities, road construction, and/or industrial and commercial development which involves grading, filling or excavating, generally one thousand (1000) cubic yards and over. Major land disturbing activities require submission of a sediment and erosion control plan which complies with the Sediment and Erosion Control Standards of the Stanley County Conservation District and the DENR. The Plan shall be reviewed by the Conservation District and shall be enforced by the City of Fort Pierre.
- No excavation, grading, or embankment will disturb or affect adjacent property in an adverse way.
- Agricultural or minor land disturbing activities. This ordinance does not require individuals carrying out agricultural or “Minor Land” disturbing activities to file a plan, make application or otherwise report their activities except as provided for in the next paragraph.
- Any person who is adversely affected by land-disturbing activities may file a petition with the governing body or with the permit issuing authority having jurisdiction thereof, alleging a violation of this chapter.
- Within ten (10) days after the receipt of a complaint, or by its own volition, the governing body shall conduct an investigation to determine if on-site or off-site damage has occurred as a result of such erosion.
- If it is determined that a violation does exist, the governing body will take the following actions:
(a) Notify all parties of results of the investigation.
(b) Recommend corrective action to violator.
(c) If no corrective action is taken within thirty (30) days upon receipt of a certified mail notification, necessary legal action will be taken.
- Variances. The City shall have the authority to grant a variance to a land disturber for the purpose of allowing additional time for compliance. The validity of a variance request shall be determined by the City Council. Requests for variance must be submitted in writing to the Public Works Director or designee. This request shall include reasons why a variance is needed. Action for approval of the variance must be taken at an official meeting of the City Council.
- Soil loss standards. All land disturbing activities:
- Limit both on-site and off-site annual soil losses during the period of construction and re-vegetation to the amount agreed upon by the permit issuing authority or responsible unit of government.
- Construction areas shall be seeded with adapted grasses or temporary cover crop within fourteen (14) days after construction activity is required in critical erosion areas. Protection measures will be applied to all construction areas. The disturbed areas will be seeded to adapted grasses or a temporary cover crop within fourteen (14) days after the construction activity is completed under normal weather conditions.
Areas needing protection will be mulched when construction is completed during the non-growing season
- Whenever the Public Works Director determines that any existing excavation or embankment or fill on private property has become a hazard to life or endangers the property of others, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Public Works Director or his designee shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this title.
- Validity and liability. If any section, sub-section, paragraph, clause, phrase, or provisions of this chapter shall be adjudged invalid or held unconstitutional, such decision shall not affect the remaining portions of this ordinance. This ordinance does not modify or repeal Ordinance No. 530, L-1-1, or L-1-2.
- Liability. Neither the filing and approval of a plan under the provisions of this chapter nor the compliance with the provisions of this chapter shall relieve any person from the responsibility or damage to any person or property otherwise imposed by law, nor impose any liability upon the municipality for damage to any person or property, except that violations caused by an act of God shall not be the responsibility of the land-disturber.
- Penalties. Anyone found guilty of violation of this chapter shall be fined not less than One Hundred Dollars ($100) or thirty (30) days imprisonment or both. Every day after the violation or infraction will result in a separate violation compounded daily.
Source: Ord 986
Section 3. That all ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of conflict only.
Q-11-108 DRAINAGE STUDY AND POLICY
There is hereby adopted a certain policy known as the Fort Pierre Drainage Study and Policy on file in the Public Works Director Office. Additional deletions, modifications and amendments may be made from time to time by the City Council and shall be effective upon their adoption and filing with the Public Works Director. The Public Works Director shall keep and maintain a master copy of the above study, including all future deletions, modifications and amendments which may be adopted by the City Council and the same shall be available and subject to public inspection al all times during regular office hours of the City Finance Office.
Authority: SDCL 9-12-1(2), 11-6-2