Article 8 – City and County Joint Jurisdictional Agreement
CITY AND COUNTY JOINT JURISDICTIONAL AGREEMENT
Section 801. Title.
This ordinance shall be known and referred to as the “McCook County Joint Jurisdictional Zoning Regulations.”
Section 802. Purpose.
These regulations are based upon the City and County Comprehensive plans and established a relationship between the City and County to carry out the goals and objectives of the Joint Jurisdictional Area. The regulations shall be enacted and enforced in conformance with SDCL 11-2, 1-4, and 11-6.
Section 803. Jurisdiction.
The provisions of this ordinance shall apply to the following territory, consisting of the extraterritorial area included in the 1997 City Comprehensive Plan, and not within the corporate limits of the City:
Township 101N, Range 55W: Sec. 7, Sec. 8, Sec. 19
Township 101N, Range 56W: Sec. 11, Sec. 12, Sec. 14, Sec. 23, Sec. 24
Should any of the above described territory subsequently be annexed into City limits, the provisions of this ordinance shall no longer apply to that territory.
Section 804. Official Joint Jurisdictional Zoning Map.
The Official Zoning Map for the City and County shall be incorporated as part of the Official County Zoning Map.
Section 805. Zoning and Subdivision Regulations.
All zoning and subdivision matters shall be considered and approved by both the City and County. The City and County shall cooperate in applying the provisions of the McCook County Joint Jurisdictional Zoning Regulations to all such matters. In guiding the future development of land in the joint jurisdictional area, the City Comprehensive Plan shall be utilized.
Section 806. Enforcement.
It shall be the duty of the County and City Zoning Administrators to enforce the provisions of this ordinance. The Zoning Administrators shall adopt procedures which facilitate the resolution of all matters and questions hereunder.
Section 807. Applications.
Applications for zoning permits, variances, and amendments shall be obtained from and returned to the County Zoning Administrator, along with the required fee. The Administrator shall provide a copy to the City for review and approval. The Zoning Administrators shall examine all permit applications, and the County zoning Administrator shall issue permits in accordance with the requirements of the zoning regulations.
Section 808. Variances
Permit applications requiring a variance shall be issued only upon approval by the City and County Boards of Adjustment.
Section 809. Amendments.
The County and City Planning Commissions shall meet jointly to review and make recommendations regarding all amendments. Upon receipt of recommendations, the County Commission and City Council shall meet jointly to consider such amendments. No amendment shall become effective unless approved by separate vote of each governing body.
Section 810. Plats.
No plat of a subdivision of land shall be filed or recorded until it has been submitted to and approved by the County and City according to their subdivision regulations.
Section 811. Streets and Utilities.
The City and County shall not lay out, open or improve any street or lay or authorize the laying of water, sewer, or other utilities in any street unless such street has been accepted, or unless such street corresponds in its location and lines with a street shown on an approved plat. In all instances, such street acceptance or approval shall be in accordance with the Major Street Plan.
Section 812. Unlawful Construction.
No permit shall be issued and no building erected on any lot unless the street providing access to the lot shall be accepted or unless such street corresponds in its location and lines with a street shown on an approved plat.
Any building erected or being erected in violation of this section shall be deemed an unlawful structure and the County or City Zoning Administrator may enjoin such erection or cause it to be vacated or removed.
Section 813. Construction and Building Practices.
All new construction or remodeling or modifications to existing structures must conform to all requirements of the district in which they occur, including any City- or County-wide regulations.
Section 814. Other Regulations.
The enforcement of this ordinance shall not prevent the City or County from enforcing other regulations related to the construction of buildings and other structures, including but not limited to building codes and floodplain management regulations.
Section 815. Record Keeping.
The Zoning Administrators each shall keep a record of the findings and determinations made by both Planning Commissions, boards of Adjustment, and Governing Bodies on matters relating to the joint jurisdictional area.