Belle Fourche, SD

Variances

 
Variances allow an owner of a property within city limits to adhere to agreed upon exceptions to the established setbacks for the zoning district assigned to that property. Cause for variances are narrowness, topography, or siting of the property. 
 
 
Advertisements and Signs:
Variances are required to be advertised two (2) separate times in the Black Hills Pioneer Newspaper as legal public notices - the first notice advertising for a public hearing at the corresponding Planning & Zoning meeting, and the second notice advertising for a public hearing at the corresponding City Council meeting. The Engineering Department will provide the owner/applicant dates and times of the Planning & Zoning meeting and corresponding City Council meetings. 
 
The owners/applicant are required to place a metal sign, issued by the Engineering Department, on the property where it can be seen from the street beginning the day the first public notice is advertised. The sign must be returned to the Engineering Department after the corresponding City Council meeting. 
 
 
Costs:
Variance fee: $275.00
Sign Deposit fee: $100.00
 
The payments must be separate checks.
**the sign deposit will be held at the Engineering Department office until the sign is returned**
 
 
Below is the procedure to begin and complete a variance:
  1. The owner/applicant of a Belle Fourche property schedule an appointment with the City Engineers to discuss and request the variance.
  2. After discussion, the City Engineers will either encourage or discourage the variance. If they encourage it, they believe the variance is reasonable and fits within the requirements so that when they propose it to the Planning & Zoning Commission, the variance will pass and thus be proposed to the City Council for a final vote. If they discourage it, they believe the variance is in some way unreasonable and does not fit within the requirements so that when they propose it to the Planning & Zoning Commission, the variance will not pass. If they do not encourage it, the City Engineers will explain either what changes would need to be made to the request, or why they believe it cannot be done at all. 
  3. If the engineers encourage the variance, the owner/applicant will fill out the variance application and provide a site plan detailing what the variance is for (see application below). If the applicant is not the owner of the property, both applicant and owner must sign before the variance request can be put on the Planning & Zoning agenda. If the applicant is the owner of the property, the applicant will sign in both of the designated areas.
  4. Once the application is completed, signed, and submitted along with the corresponding site plan, the Engineering Department will collect payment for the variance and corresponding sign deposit (see costs above). The Engineering Department will put the variance request on the next available Planning & Zoning agenda. (Please check the "Submission Dates for Planning & Zoning" link for agenda deadlines.) The Engineering Department will then issue the designated metal sign to the owner/applicant and provide instruction for the sign placement and provide the dates and times of the advertisements, Planning & Zoning meeting, and corresponding City Council meeting. ***Owners are not required to attend either meeting, but are encouraged to attend in case of any questions, concerns, or requests of clarification ***
  5. Once the Variance passes through both Planning & Zoning and City Council, the applicant must return the issued sign to the Engineering Department in order to be given their sign deposit check back.
 
 
If you have any questions, for would like more information, please feel free to contact us.