Title 9 – City Ordinances – Planning, Zoning and Building Regulation

 TITLE 9 – PLANNING, ZONING AND BUILDING REGULATIONS

Chapter 9.01 – Planning Commission
Chapter 9.02 – Uniform Building Code

CHAPTER 9.01 – PLANNING COMMISSION

9.0101 Definitions.

A. City or Municipality. Relates to the City of Bridgewater.
B. City Council. Chief legislative body or governing body of the municipality.
C. Planning Commission. Body created pursuant to this ordinance.

9.0102 Creation of Bridgewater Planning Commission. The Bridgewater Planning Commission is hereby created for the City of Bridgewater, South Dakota.

9.0103 Number, Appointment and Tenure of Planning Commission Members. The Bridgewater Planning Commission created under the terms of SDCL 11-6 shall consist of not less than five (5) members appointed by the City Council. If deemed necessary, the City Council may appoint one or more of themselves to the Planning Commission. The term of each of the appointed members shall be for five years except that when the Planning Commission is first appointed, approximately one-half of the members shall be appointed for three years and the balance of the members shall be appointed for five years. Thereafter, appointments of each member shall be for terms of five years so that there will be an overlapping of tenures. Administrative officials of the City may be appointed as ex-officio members of the Planning Commission; however, all members of the Planning Commission shall serve as such without compensation.

9.0104 Vacancies. Any vacancy in the membership of the Planning Commission shall be filled for the unexpired term by the City Council in the same manner as for appointment.

9.0105 Organization. The Planning Commission shall elect a Chairman from among its members for a term of one year with eligibility for re-election, and shall also elect a Secretary. The Planning Commission shall hold meetings as necessary, as called by the Chairman, or the City Council. The Commission shall keep minutes and records of its activities, which shall be a public record.

The Planning Commission may appoint such employees as it may deem necessary for its work, and may also contract with planners, engineers, architects and other consultants for such services as it may require, provided, however, that such appointments and contracts shall be approved by the City Council.

9.0106 Removal for cause. The Mayor, with the confirmation of the City Council, shall after public hearing have authority to remove any member of the Planning Commission for cause, which cause shall be stated in writing and made a part of the record of such hearing.

9.0107 Powers and Duties of Commission. The Bridgewater Planning Commission, its members and employees, shall have all such powers as may be necessary to enable it to fulfill and perform its functions, promote planning or carry out all the purposes and powers enumerated in SDCL 11-4 and 11-6 and acts amendatory thereof.

9.0108 Preparation of Comprehensive Plan. The Planning Commission of Bridgewater shall propose a comprehensive plan for the physical development of Bridgewater pursuant to the terms of SDCL 11-4 and 11-6. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated and harmonious development of the City.

After such comprehensive plan has been adopted according to law, no substantial amendment or modification thereof shall be made, without such proposed change first being referred to the Planning Commission for its recommendations.

9.0109 Zoning Regulations. It shall be a duty of the Planning Commission to recommend the boundaries of zoning districts and appropriate regulations to be enforced therein, in accordance with comprehensive plan. The Planning Commission shall prepare regulations governing land uses, building or set-back lines and the subdivision or platting of land within the municipality in accordance with SDCL 11-4 and 11-6. All applications and proposals for changes in or amendments to the zoning regulations shall first be submitted to the Planning Commission for its recommendations.

9.0110 Subdivision Plats and Regulations. All plans, plats, or re-plats or subdivisions or resubdivisions of land within the jurisdiction of this ordinance shall first be submitted to the Planning Commission for its recommendation before approval by the City Council.

The Planning Commission shall prepare and recommend to the City Council regulations governing the subdivision of land within its jurisdiction. No amendments or changes thereto shall be made without recommendation by the Planning Commission.

CHAPTER 9.02 – UNIFORM BUILDING CODE

9.0201 Adoption. The most recent edition of the Uniform Building Code, published by the International Conference of Building Officials, and supplemented by the most recent edition of the One and Two Family Dwelling Code, published by the Council of American Building Officials, shall be adopted by the City. A printed copy of such Uniform Building Code and the One and Two Family Dwelling Code shall be filed with the Finance Officer as an appendix to these Municipal Ordinances.

9.0202 Conflicts. In the event of any conflict between the provisions of these codes, State law or City ordinance, rule or regulation, the provisions of State law or City ordinance, rule or regulation shall prevail and be controlling..

9.0203 Application for Permits. Applications for all permits required by the building codes shall be submitted to the Finance Officer.

9.0204 Permit Fees. No permit shall be issued unless the appropriate fee, based on the entire cost of construction, is paid to the City as follows: (Rates amended by Resolution #08-1103 on 11/03/08)

$0 to $5,000 $15,00
$5,001 to $20,000 $25.00
$20,001 to $50,000 $35.00
Over $50,001 $50.00