RULES OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA

Rule 1. Board of Adjustment. The Board of Adjustment shall consist of five (5) members, four (4) of whom shall be residents of the city of Sioux Falls, and one who may be a resident within the three-mile extraterritorial area, as provided by SDCL 11-4-14 and Section 15.63.020 of the “1983 Revised Zoning Ordinance of the City of Sioux Falls.” They shall be appointed by the Mayor with the approval of the Board of City Commission. Members shall be appointed for a term of three (3) years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Vacancies shall be filled by appointment for the unexpired term only. Members of the Board  shall serve without compensation.

Rule 2. Chairperson of the Board. The Board shall select one of their members as Chairperson and one as Vice-Chairperson, who shall serve one (1) year and until their successors have been selected. In the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson of the Board.

Rule 3. Clerk of the Board. Records. The Chief Zoning Officer shall act as Clerk of the Board. He/She shall keep all records of the Board as required by statute and ordinance.

He/She shall keep a Minute Book in which shall be recorded the resolution relating to each case acted on, or question voted on, together with a vote for each member of the Board, those absent being so marked, together with all other actions of the Board.

The Clerk of the Board shall keep, in his/her office, a file containing all records of the Board.

The Clerk shall, under the direction of the Board and its Chairperson, conduct all correspondence of the Board; send out all notices required by these rules and the order of the Board; shall attend all meetings of the Board and all hearings; shall scrutinize all appeals and applications for variations to see that these rules are complied with; shall keep the minutes of the Board’s proceedings; shall compile all required records; shall maintain the necessary files and indexes and generally supervise all the clerical work of the Board; and shall retain in the records the original papers acted upon by the Board.

After docketing of any appeal or application, the Clerk shall make a personal inspection of the premises involved, see that all maps and plats are properly prepared and be prepared to advise the Board on the physical conditions of the property affected by such appeal or application. 

The Clerk shall obtain from the appellant or applicant such additional information and data as may be required to fully advise the Board with reference to the appeal or application. Any failure or refusal on the part of any appellant or applicant to furnish such additional information or data shall be grounds for the dismissal of the appeal or application by the Board.

Rule 4. Meeting of the Board. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Board shall meet at least once each month at such time and place as the Board may fix by resolution. Special meetings may be called at any time by the Chairperson, or in his/her absence, by the Vice-Chairperson. A quorum of the Board shall consist of five persons for the transaction of business. All meetings of the Board shall be open to the public. The Chairperson, or in his/her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. Each member shall be notified of a meeting twenty-four (24) hours in advance, unless such notice is waived by the member.

Rule 5. Appeal to the Board. Appeals to the Board may be taken by any person aggrieved. Such appeal shall be taken within twenty (20) days after the decision of the Zoning Officer. Such appeal shall be filed with the Clerk of the Board of Adjustment specifying the grounds thereof. 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 is taken. An appeal stays all proceedings as provided by SDCL 11-4-17.

Rule 6. Application for Modification. An application to the Board of Adjustment for variation or modification of any regulation or provision of the Zoning Ordinance as provided by SDCL 11-4-17 and Section 15.63 of the Revised Zoning Ordinance shall be made in writing and filed with the Chief Zoning Officer. The application shall refer to the provisions of the Zoning Ordinance involved and shall set out such information with drawings or plats as may be necessary to show all matters material to the application under the Zoning Ordinance.

Rule 7. Fees. All applications submitted to the Board shall be accompanied with a fee as set from time to time by the City Commission.

Rule 8. Hearing of Appeal Notice. Upon the filing of an application for variation or modification or notice of appeal, the same shall be set for hearing at a regular meeting of the Board if filed ten (10) days prior to the regularly scheduled meeting and five (5) days prior to a special meeting of the Board. The Board shall give no less than five (5) days public notice thereof by requiring the applicant to post signs in the number prescribed by the Assistant Director of Building Services, except that in no case shall less than two (2) signs be posted of at least one square foot in area with a yellow background and black letters in a conspicuous place on the property upon which the application is made. Said sign shall remain posted for no less than five (5) days immediately prior to the date of public hearing. Except for good cause to be found and entered in the records of the Board, such hearing shall be held within forty-five (45) days after the filing of the application or notice of appeal. 

Rule 9. Powers of the Board. Decision. The Board of Adjustment at such hearing shall have and exercise the powers to the extent and in the manner provided by SDCL 11-4-17 and the “1983 Revised Zoning Ordinance of the City of Sioux Falls.” The concurring vote of four of the five members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such Administrative Official (SDCL 11-4-23).

Rule 10. Action by Resolution. The final disposition of any appeal shall be in the form of a resolution affirming, modifying, or reversing the refusal of a permit or of any order or decision by an administrative official under the zoning ordinance. The final disposition of any application for variation or modification shall be in the form of a resolution granting or rejecting, in whole or in part or upon conditions, the application and shall specifically set forth what variations or modifications are permitted and what conditions, if any, shall be complied with.

Rule 11. Legal Adviser. The City Attorney shall act as the legal adviser to the Board and shall be notified by the Clerk of all hearings and meetings of the Board.

Rule 12. Amendments. These rules may be amended by resolution at any meeting of the Board.

Rule 13. Appeal from Board Action. Any appeal from the action of the Board of Adjustment shall be taken as provided by SDCL 11-4-25.