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Rule 1. Chairperson of the Board. In the month of May of each year, the Board shall select one of its members as chairperson and one as Vice Chairperson, who shall serve one (1) year or until their successors have been selected. In the absence of a Chairperson, the Vice Chairperson shall act as Chairperson of the Board.
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Rule 2. Clerk of the Board/Records. The Building Official shall act as a Clerk of the Board. The Clerk keeps all the records of the Board as required by the statute and ordinance. The Clerk shall keep a minute book which shall be kept posted to date. The Clerk shall enter the number of the appeal, the name of the applicant, a description of the street number or legal description of the premises, the nature of the application, and the final disposition of the case.
The Clerk shall, under the direction of the Board and its chairperson, conduct all correspondence of the Board; send out all notices required by these rules and at the order of the Board; attend all meetings of the Board and all hearings; review all appeals and applications for variations for compliance with the Board’s rules; keep the minutes of the Board’s proceedings; shall comply with all the required records; shall maintain the necessary files and indexes and generally supervises all the clerical work of the Board; and retain in the records the original papers acted upon by the Board.
The Clerk shall see that all maps, plans, and specifications are properly prepared, make a personal inspection of any premises involved, research code standards, seek legal or professional opinions, and be prepared to advise the Board.
The Clerk shall obtain from the applicant such additional information and data as may be required to fully advise the Board with reference to any appeal, product, or method. Failure or refusal on the part of the applicant to furnish such additional information shall be grounds for denial by the Board.
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Rule 3. Meetings of the Board. The regular scheduled meeting of the Board will be held on the second Tuesday of each month with an additional meeting on the fourth Tuesday of each month pending receiving applications of cases. Three members of the Board shall constitute a quorum for the transaction of the business. Each member shall be notified of a meeting twenty-four (24) hours in advance, unless such notice is waived by the member. All meetings will be conducted according to an informal interpretation of Robert’s Rules of Order except where preempted by City ordinance or state law.
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Rule 4. Application to the Board. Applications to the Board shall be filed with the Clerk of the Board in accordance with the Code of Ordinances of the City of Sioux Falls or state law.
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Rule 5. Hearing. Upon the filing of an application, the same shall be set for hearing at a regular meeting of the Board if filed by 5 p.m. the Friday prior to the regularly scheduled meeting except where preempted by City ordinance or state law. The Building Official may accept additional cases after the deadline if a proper staff review can be completed prior to the hearing.
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Rule 6. Action by Resolution. The final disposition of any appeal shall be in the form of a resolution affirming, modifying, or reversing any decision by the Building Official or the Assistant Director of Building Services.
The final disposition of any appeal shall contain written findings of fact.
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Rule 7. Amendments. These rules may be amended by resolution at any meeting of the Board.
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