Community Development DEPARTMENT
Board of Adjustment

Dan Hanson, Planning, Zoning and Housing Administrator
311 Third Avenue, PO Box 270
Brookings, SD 57006
605-692-6629 phone
605-692-6907 fax
dhanson@cityofbrookings.org

Application forms for requests before the Board of Adjustment may be obtained at the Community Development Office at City Hall. An administrative fee is assessed to cover expenses associated with a request such as neighborhood notification and legal publication.

INFORMATION NEEDED

1. Your name, address and the address of the property in question

2. A site plan. The site plan is one of the most important aspects of the Board of Adjustment application. A well prepared site plan should show what uses are proposed for a site and should answer many of the questions which may be asked about the proposal. A site plan should show both existing and proposed features of the property. This may include site features such as lot lines and streets; land use features such as building, driveways and access from a public right-of-way, parking areas and the location of buildings on adjacent property. You may also need to include aesthetic features such as landscaping and screening. A professional draftsman need not draft the plan. However, it must be both clear and legible. It must include a north arrow and should be drawn to scale. The submittance of a "Title Insurance Drawing" or "mortgage Survey", if available, is highly recommended. The site plan must be submitted along with the Board of Adjustment application.

An inadequately prepared site plan may result in the deferral of the application until an appropriate plan has been completed.

MEETING
Meetings are held on the first and third Thursday afternoons at 5:00 p.m. in the Council Chamber located in the lower level of City Hall. You should plan to attend this meeting. At the meeting, the Board may ask you to specifically state your intentions for your property and the feelings of your neighbors about the request. The adjoining property owners will be given time at the meeting to voice their support or objections, if there are any. You will be given time to answer all questions. It is a good idea to have talked to your neighbors about your intentions before this meeting. Often this can clear up any misgivings or misinformation that your neighbors might have and make your appearance before the Board easier.

EXAMPLES OF VARIANCES

Building structures too close to front, side and rear property lines
Lack of parking
Fence heights
Oversized accessory buildings
Sign variances
Height of buildings
Front yard parking

POWERS OF THE BOARD
Both state law and city ordinance provide for a Board of Adjustment to act on variances to the zoning ordinance.The Board is made up of five (5) members and two (2) alternates who are citizens of the community. Four (4) of the five members must vote in the affirmative for a motion to pass.

The Board can hear requests in the following specific areas:

ADMINISTRATIVE REVIEW
Where the party concerned feels that there was an error in any order, requirement, permit decision, determination or refusal by the zoning officer or other administrative official in the carrying out or enforcement of the zoning ordinance.
VARIANCE
Variances can be granted where each of the following conditions exist:
1. Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and said variance shall not violate the spirit of the ordinance and substantial justice may be achieve as a result of the variance.
2. Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district.
3. The variance is necessary for the preservation of the property right that is substantially the same as the possessed by owners of other property in the same district.
4. The variance requested is the minimum variance which would alleviate the hardship.
5. Reasonable use of the property is not permitted under the terms of this ordinance.
6. The variance request will not violate any flood damage prevention regulations set forth in Chapter 14.5 of the Brookings Revised Ordinances. The Board may attach appropriate conditions or safeguards it deems necessary when granting a variance. The Board may also make interpretations of the zoning map.

APPEAL
Appeals of Board of Adjustment decisions are to the court of proper jurisdiction. If you have any questions, feel free to contact the Community Development Office at City Hall at 692-6629.

Board of Adjustment Members

Adjustment Board Agendas
Adjustment Board Minutes