|
|
APPENDIX B AMENDMENTS TO ZONING ORDINANCE Rezoning of Lots (Incorporated in Zoning Map, Adopted 03/04/02) Lots
5, 6, 7, 8, 9, 10, 11, 12, and 13, Block 6, Wilson Park Addition, City of
Winner, rezoned from R-3 (Multi-family Residential District) to C-1 (Highway
Commercial District). (#647) All
of Block 6, Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 in
Block 8, and all of Block 9 in East Hospital Subdivision Number 2 in the City of
Winner shall be rezoned to a classification of R-3 (Multi-Family Residential
District). (#662) Lots
14, 15, 16, 17, and 18, Block 60, Park Addition, City of Winner, rezoned from
R-2 (Single and Two-family Residential District) to C-1 (Highway Service
Commercial District). (#685) The
west 156 feet of the south 320 feet of Tract B, City of Winner, shall be rezoned
from C-1 (Highway Service Commercial District) to I-1 (Industrial District).
(#693) Lot
D of the New Hospital Addition, City of Winner, and Lots 3 through 6, contained
in Block 4, East Hospital Subdivision Number 2, all now being contained in Lot
3, in Winner Regional Health Care Center Campus in the City of Winner, from R-1
(Single Family Residential District) to R-2 (Single and Two-family Residential
District). (#704) Article XII, Section 3 (#728) (Incorporated into Section 1603 of Zoning
Ordinance #737, Adopted 03/04/02) Fences
or hedges in residential districts within three (3) feet of lot lines shall not
exceed four (4) feet in height in any required front yard, and shall not exceed
six (6) feet in height in any required side or rear yard, subject to subject to
further restriction of Section 1 above. Fences
must be constructed of wood (redwood, cedar, pine, picket, laminated, or
painted), plastic, vinyl, or metal, all of which must be attractive in
appearance with the neighborhood. The
design and materials of such fence shall require Planning Commission approval
and the petitioner shall send by certified mail, to the adjacent property
owners, written notice of such Planning Commission meeting. Article XVII(A), Section
1(a)(3) (#699)
(Incorporated into Section 2013 of Zoning Ordinance #737, Adopted 03/04/02) The
applicant shall provide the names and addresses of the owners of all property
within one hundred and fifty (150) feet of the property and shall obtain
signatures of sixty (60) percent of adjoining and adjacent land owners approving
the moving in the building, unless the building to be moved is of new
construction and the receiving area has no covenants. Article XVII(A), Section 1(a)(4) (#676) (Repealed--Planning Commission
chose to NOT include in Zoning Ordinance) The
applicant shall be required to file an application for a compliance permit as
required in Section 3 of Article XIX of Zoning Ordinance #642. Article XVII(A), Section 2(H) (#653) (To be included in Subdivision
to be adopted in 2002) When
any proposed plat on any addition or subdivision within or without the City
limits of Winner shall be presented to the Council for approval, there shall
accompany the plat a certification by the Board of Adjustment that the same
conforms to the existing streets and alleys of the City and any subdivisions of
said City. The certification shall
further state that it conforms to all the rules, regulations, and ordinances of
the City. Additionally, all R-3,
commercial, and industrial zoned areas shall have streets measuring a minimum of
ninety (90) feet in width. R-1 and
R-2 Districts shall have streets designated on the plats of a minimum sixty (60)
feet in width and up to ninety (90) feet in width, if desired by the applicant
filing the plat. Article XIX, Section 6 Waiving
Payment of Building Permit Fees on Buildings for Public Use (#666) (Incorporated into Section 2027
of Zoning Ordinance #737, Adopted 03/04/02) The
fees required for a building permit as set out in Section 6 of Article XIX of
the Zoning Ordinance #642 shall not be required on building permits issued to
the City, the Winner Independent School District, or Tripp County, South Dakota,
where the entity requesting the permit has employed an architect to design the
buildings to be constructed. The
City waives the payment of fees only and the construction of any such building
must be done in accordance with the regulations of the zoning and building
ordinances in all other manners. Fees
(#676)
(Compliance permit was repealed; remainder incorporated into Section 2025 of
Zoning Ordinance #737, Adopted 03/04/02) There
shall be submitted with the compliance permit application a minimum fee of fifty
(50) dollars or an amount equal to one (1) percent of the total estimated
construction costs which will be refunded when the building or construction is
completed providing the same has been done in accordance with the regulations of
the zoning and building ordinances. There
shall be a sum retained by the City for inspections and service fees: REFUND
SCHEDULE: 1.
Fifty (50) percent of required deposit
on building permits with estimated cost of building projects up to one hundred
thousand (100,000) dollars City retains fifty (50) percent; 2.
Sixty (60) percent of required deposit
on building permits with estimated cost of building project from one hundred
thousand one (100,001) dollars to two hundred fifty thousand (250,000) dollars,
City retains forty (40) percent; and
3.
Seventy-five (75) percent of required
deposit on building permits with estimated cost of building project over two
hundred fifty thousand (250,000) dollars, City retains twenty-five (25) percent. In
the event that the zoning and building ordinances are not complied with, then
the total deposit shall be confiscated and placed in the general fund in the
City of Winner. Planning Commissioners Board of Adjustment (Ordinance #519) (Repealed and clarified within
Chapter 22 of Zoning Ordinance #737, Adopted 03/04/02) The Board of Adjustment shall have as its members
those individuals who are members of the City Planning Commission and said
members shall be appointed according to the City Ordinance. The City Planning Commission shall assume all
duties and responsibilities of the Board of Adjustment as provided by law.
However, when the Planning Commission sits as the Board of Adjustment, it
shall exercise only those duties and responsibilities expressly given to the
Board of Adjustment. Territorial Extent of Powers
(Repealed and clarified within Section
205 of Zoning Ordinance #737, Adopted 03/04/02) The legislative body of any incorporated
municipality may exercise the Comprehensive Planning and zoning powers granted
in this Article not only within its corporate limits, but also within three (3)
miles in all directions of its corporate limits and not located in any other
municipality. Territorial Extent of General Zoning Powers
(Repealed and clarified within Section
205 of Zoning Ordinance #737, Adopted 03/04/02) The legislative body of any incorporated
municipality and the Planning Commission, operating as the Zoning Commission,
may exercise all zoning powers granted in SDCL 11-4 in the zoning of all land
not only within its corporate limits, but also may zone all property within
three (3) miles in all directions of its corporate limits not located in any
other municipality. Provided,
however, any ordinance intended to have application beyond the corporate limits
of the municipality shall expressly so provide and any such ordinance shall be
adopted in accordance with the provisions of SDCL 11-4. Zoning Jurisdiction (Repealed and clarified within Section 205 of Zoning Ordinance #737,
Adopted 03/04/02) Whenever a municipality assumes zoning jurisdiction
in an area outside the limits of such municipality the county zoning commission
of the county in which such area lies, shall sit with the City Planning
Commission on all matters pertaining to the planning and regulation of such area
and no zoning powers provided by this Article shall be effective in any such
area unless approved by a two-thirds vote of the members of each of the
commissions. Planning Commission Acting as Zoning Commission
(Clarified within Chapter 21 of Zoning
Ordinance #737, Adopted 03/04/02) A Planning Commission shall have all powers
heretofore granted to zoning commissions and shall also be the zoning commission
of the municipality. The commission
may make reports and recommendations relating to the plan and development of the
municipality to public officials and agencies, public utility companies, civic,
educational, professional, and other organizations and citizens.
It may recommend to the executive or legislative officials of the
municipality programs for public improvements and the financing thereof. Reasons for Commission Disapproval
(Repealed by legislature in 1995) In case of disapproval of any construction or
authorization submitted under SDCL 11-6-19, the Planning Commission shall
communicate its reasons to the Council, and the Council, by vote of not less
than two-thirds of its entire membership, shall have the power to overrule such
disapproval and, upon such overruling the Council or the appropriate board or
officer shall have the power to proceed. Action of Public Bodies (Incorporated
into Section 2207 of Zoning Ordinance #737, Adopted 03/04/02) If
the public way, ground, place, space, building, structure, or utility referred
to in SDCL 11-6-19 be one the authorization or financing of which does not,
under the law or character provisions governing the same, fall within the
province of the Council or other body or official of the municipality, then the
submission of such to the Planning Commission shall be by the board or official
having such jurisdiction, and the Planning Commission's disapproval may be
overruled by said board by a vote of not less than two-thirds of its entire
membership or by said official. Failure to Act (Not incorporated into Zoning Ordinance #737; refer to SDCL 11-6-23) The failure of the Planning Commission to act
within sixty days from the after the date of official submission to it shall be
deemed approval unless a longer period is granted by the Council or other
submitting official. Recommendation and Setback Regulations
(Incorporated into Section 2107 of Zoning
Ordinance #737, Adopted 03/04/02) From and after the time when the Planning
Commission of any municipality shall have adopted a Comprehensive Plan which
includes at least a major street plan or shall have progressed in its
Comprehensive Planning to the stage of the making and adoption of a major street
plan, the Planning Commission may recommend and the Council is hereby authorized
and empowered by ordinance to establish, regulate and limit, and to change and
amend, building or setback lines on such streets and to prohibit any new
building being located within such building or setback lines.
The regulations authorized by this Section shall not be adopted, changed,
or amended until a public hearing has been held thereon. Variances in Hardship Cases
(Incorporated into Sections 2105 and 2211
of Zoning Ordinance #737, Adopted 03/04/02) The Council may provide for a Board of Adjustment
or may authorize an existing zoning Board of Adjustment to modify or vary the
regulations adopted under SDCL 11-6-24, in specific cases, in order that
unwarranted hardship, which constitutes an unreasonable deprivation of use as
distinguished from the mere grant of a privilege, may be avoided. Subdivision Regulations (To
be included in Subdivision to be adopted in 2002) In exercising the duties granted to it by this
Article, the Planning Commission shall recommend and the Council shall by
ordinance adopt regulations governing the subdivision of land within its
jurisdiction as defined in SDCL 11-6-26. Such
regulations may provide for the harmonious development of the municipality and
its environs; for the co-ordination of streets within subdivisions with other
existing or planned streets or with other features of the Comprehensive Plan of
the municipality; for adequate open spaces for traffic, recreation, light and
air; and for a distribution of population and traffic which will tend to create
conditions favorable to health, safety, convenience, or prosperity.
Before an adoption of its subdivision regulations or any amendment
thereof, a public hearing thereon shall be held by the Council. Streets and Utilities Covered by Regulations
(To be included in Subdivision to be
adopted in 2002) Subdivision regulations may include requirements as
to the extend to which and the manner in which the streets of the subdivision
shall be graded and improved, and water sewer, and other utility mains, piping,
connections, or other facilities shall be installed as a condition precedent to
the approval of the subdivision. The
regulations may provide for the tentative approval of the plat previous to such
improvements and installation, but any such tentative approval shall not be
entered on the plat. Bond for Completion of Subdivision Work
(To be included in Subdivision to be
adopted in 2002) Subdivision regulations may provide that, in lieu
of the completion of such work and installations previous to the final approval
of a plat, the Council may accent a bond, in an amount and with surety and
conditions satisfactory to it, providing for and securing to the municipality
the actual construction and installation of such improvements and utilities
within a period specified by the Council and expressed in the bond; and the
municipality is hereby granted the power to enforce such bonds by all
appropriate legal and equitable remedies. Special Assessment Provisions
(To be included in Subdivision to be
adopted in 2002) Subdivision regulations may provide in lieu of the
completion of such work and installations previous to the final approval of a
plat for an assessment or other method whereby the municipality is put in an
assured position to do said work and make said installations at the cost of the
owners of the property within the subdivision. Powers of the Board of Adjustment (Incorporated into Chapter 22 of
Zoning Ordinance #737, Adopted 03/04/02) All
powers and jurisdiction previously delegated to the Board of Adjustment of the
City are hereby canceled and held for naught and such board is authorized and
empowered to exercise such functions as are contemplated in Section 2.4.23
hereof. |
|
|