(a)

Authority. Upon application, the board of zoning adjustment in its discretion is authorized to approve special exceptions upon consideration of the criteria set forth in subsection (c) of this section, the objectives of the comprehensive plan, and the purpose of the ordinance and the relevant district.

(b)

Additional requirements. The board may prescribe and impose additional requirements, conditions, and safeguards, including a specified time limit, as a condition for approval so that the special exception may satisfy the requirements of this section. The refusal or failure of the applicant to accept, effect, and maintain such additional requirements, conditions, and safeguards shall result in disapproval of the application or revocation of the special exception.

(c)

Criteria. The special exception may be approved only if the use satisfies the following specific criteria:

(1)

Fire hazard. The use shall not involve the use or storage of flammable or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of such material.

(2)

Noise. The use shall not produce noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.

(3)

Vibration. The use shall not cause vibration which is discernible without instruments on any adjoining lot or property.

(4)

Air pollution. The use shall not involve pollution of air by fly ash, dust, vapors, or other substances which are harmful to health, animals, vegetation, or other property or which can cause soiling, discomfort, or irritation.

(5)

Odors. The use shall not involve malodorous gas or matter which is discernible on any adjoining lot or property.

(6)

Glare. The use shall not cause direct or reflected glare that is visible from any adjoining property or from any public street, road, or highway.

(7)

Traffic hazard. The use shall not substantially increase the movement of traffic on surrounding public streets unless provision is made to limit traffic hazards and reduce congestion. A substantial increase in the movement of traffic includes any single use or density of development that generates traffic volumes on a surrounding public street in excess of 100 vehicle trips per day per acre of the property.

(8)

Overtaxing of public facilities and utilities. The use shall not substantially increase the burden on public utilities or facilities unless provision is made for any necessary adjustments.

(9)

Character of neighborhood. The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless, by design, setback, nature of operation, and other measures, the character of the neighborhood will be maintained. A finding that the use will create undue concentration of similar uses, cause blight or deterioration to occur, or diminish or impair property values in the neighborhood shall be supported by substantial evidence.

(10)

General welfare of the community. The use shall not adversely affect the public health, safety, or general welfare of the community.

(d)

Other special exceptions. The board of zoning adjustment may approve the following special exceptions in any zoning district:

(1)

Radio, TV, electric and telephone transmission towers.

(2)

Expansion of railroads and appurtenances.

(3)

Removal of gravel, topsoil, or similar natural material, with safeguards for the protection of adjoining property and the community as a whole.

(4)

Roadside stands, commercial amusements, or recreational developments for temporary or seasonal periods.

(Code 2011, § 60-193; Ord. No. 1164, § 1101, 5-20-1968; Ord. No. 25-02-04, § 1, 3-26-2025)

State Law reference— Power of board of adjustment to grant special exceptions, SDCL 11-6-25; Ordinance authorizing conditional use of real property-content-approval or disapproval of request, SDCL 11-4-4.1.

(a)

Characteristics. The purpose of this section is to provide for business uses in association with dwellings where such uses will clearly not alter the character or appearance of the residential environment. A home occupation will be permitted in all residential and agriculture zoned districts.

(b)

Criteria. Home occupations shall be authorized only if they meet the following criteria:

(1)

There shall be no change in the outside appearance of the dwelling or premises and the use of the dwelling unit for the home occupation shall be clearly incidental and clearly subordinate to its use as a residence.

(2)

In no case shall more than two home occupations be conducted on a single site.

(3)

Home occupations shall be conducted primarily between the hours of 7:00 a.m. and 10:00 p.m.

(4)

No home occupation shall be conducted in any accessory building or structure; i.e., garage, carport, shed, storage building. Horticulture activities may be conducted outdoors but within the rear one-third of the lot.

(5)

On-premises advertising shall be limited to one nonilluminated wall sign not more than eight square feet and projecting 12 or fewer inches. The sign must be affixed to an exterior wall of the dwelling and shall be neutral in color, with the legend showing only the name of the occupant and type of home occupation. A sign permit must be obtained from the city planning and zoning department for a home occupation sign. The name, telephone number and purpose of the home occupation may be advertised on not more than one vehicle which is operated by the resident of the dwelling in conjunction with the business. The home address may appear on business cards, letterhead and invoices when the home address is also the business address.

(6)

No more than one employee may reside off the dwelling premises.

(7)

The home occupation may involve the use of one commercial vehicle, not to exceed 8,000 pounds gross weight or a single vehicle limousine service.

(8)

One off-street parking space shall be provided for any vehicle used in the home occupation.

(9)

Materials or equipment which are used or will be used in the home occupation shall not be stored outdoors or in any other accessory structure on the premises.

(10)

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted material shall be stored on-site.

(11)

Delivery and/or pickup of products at the home for business purposes shall not occur more frequently than once per day. Delivery by trucks or vehicles not ordinarily utilized for residential deliveries shall be prohibited.

(12)

No equipment or process associated with the home occupation shall be used which creates noise, smoke, dust, vibration, glare, odors, electrical interference, or radio and television transmission interference detectable outside of the dwelling unit.

(13)

No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or hobby use shall be permitted.

(14)

The operation of the home occupation shall not cause or encourage excess vehicular or pedestrian traffic not ordinarily associated with the residential area in which the home occupation is conducted, except under the following conditions: Occasional parties, meetings or classes associated with the home occupation are permissible. The parties, meetings or classes shall in no case be held more than four times monthly and vehicles shall in no way impede the safety and flow of traffic within the neighborhood.

(15)

If the home occupation is the type in which classes are held or instructions given, there shall be no more than four students on the premises at one time. Parking restrictions as indicated in subsection (b)(14) of this section shall apply.

(16)

Merchandise or services offered for sale shall be clearly incidental to the home occupation and produced or rendered by the occupants.

(17)

If the home occupation is to be conducted in a rental property, the property owner's written authorization for the proposed use shall be obtained and kept on file by the proprietor of the home occupation.

(18)

The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

(19)

The area set aside for a home occupation shall not exceed 20 percent of the total floor area of the residence. The permissible floor area includes that space necessary for storage of goods or products associated with the home occupation.

(Code 2011, § 60-194; Ord. No. 1164, § 1102, 5-20-1968; Ord. No. 97-06-13, 6-23-1997; Ord. No. 19-08-01, § 1, 10-2-2019)

(a)

A sexually oriented business shall not be permitted to operate within 300 feet of:

(1)

A church, synagogue, mosque, temple or building, which is used primarily for religious worship and related worship activities;

(2)

Educational institution and public libraries;

(3)

The boundary of the following districts:

a.

R-1 low density residential;

b.

R-2 medium density residential;

c.

R-2A manufactured housing medium density residential;

d.

R-3 high density residential;

e.

R-4 special density residential;

f.

R-5 trailers, trailer parks and planned residential area (trailers);

g.

HC health care district; and

h.

M municipal, state and county use.

(4)

A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land which is under the control operation or management of the city park and recreation authorities.

(b)

A sexually oriented business shall not be permitted to operate within 300 feet of another sexually oriented business.

(c)

For the purpose of subsection (a) of this section, the distance requirements therein, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest edge of one property line of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (a) of this section. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(d)

For the purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the nearest edge of one property line of the premises where a sexually oriented business is conducted, to the nearest property line of the premises where another sexually oriented business is conducted.

(e)

All new sexually oriented businesses, and all existing sexually oriented business uses on the effective date of the ordinance from which this section is derived, shall, in addition to the requirements of article XII of this chapter, comply with the following sign requirements.

(1)

No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from persons walking or driving by the premises.

(2)

Window areas shall be covered and opaque.

(f)

Nonconforming sexually oriented businesses lawfully operating on the effective date of the ordinance from which this section is derived, that is in violation of subsections (a) through (e) of this section shall be deemed a nonconforming use and shall not be expanded or enlarged except in conformance with section 60-146, pertaining to nonconforming use.

(Code 2011, § 60-195; Ord. No. 1164, § 1103, 5-20-1968; Ord. No. 02-09-04, § 6, 3-10-2003)

(a)

Characteristics. The purpose of the school safe zone is to permit the logical development of land for business which is designed to meet the daily needs of surrounding residential areas and coexist with nearby educational institutions to ensure a business environment of sustained desirability to ensure the suitable development of such business in order to protect nearby educational institutions and not to produce a volume of traffic in excess of the design capacities of any access streets.

(b)

Use provisions. Within 300 feet of an educational institution no building, structure, or premises shall be used, erected, or altered until or unless the following conditions have been complied with:

(1)

A plot plan which shall show:

a.

The location of all present or proposed building, sidewalks and other areas to be devoted to pedestrian use, drives, parking lots loading and unloading areas;

b.

The location, dimensions and arrangements of areas to be devoted to planting; and

c.

All buildings, streets, alleys, highways, streams and other topographical features of the lot and the area 300 feet beyond any lot line.

(2)

Any information the city council may require in order to adequately evaluate the effects of use operations in producing excessive traffic congestion, or problems of noise, glare, odor, sewerage, air pollution, water pollution, fire, safety hazards or other factors detrimental to the general welfare of the surrounding areas.

(3)

Engineering plans for the handling of any problems of the type outlined in subsection (b)(2) of this section, including a designation of sewers and necessary plans for controlling other nuisances as enumerated above.

(4)

Upon the finding by the city council that the proposed development will constitute a commercial area of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood, and consistent with the overall long-range plans for the community, that it will not result in an over intensive use of land, that it will not result in undue traffic congestion or traffic hazards, that the plan indicates that it will be adequately landscaped buffered, or screened, and otherwise promote the health, safety, and welfare of the community, the city council shall approve, disapprove, or modify the proposed development plan prior to the issuance of a zoning permit.

(c)

Use conditions. Uses permitted within 300 feet of an educational institution shall be subject to the following conditions:

(1)

All business establishments shall be retail or service establishments, which deal directly with the customer. All goods produced on the premises shall be sold at retail on the premises where produced.

(2)

All business, servicing or processing, except for off-street parking, off-street loading, and vehicular service station operation shall be conducted within completely enclosed buildings.

(3)

Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines and shall be physically separated from a public street by a suitable barrier against unchanneled motor vehicle access or egress. The roads, driveways, parking area and walks shall be paved and maintained in good condition with hard surface materials.

(4)

All access roads to public streets or highways shall be located not less than 35 feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress.

(5)

No building or other permanent structure shall be located within 30 feet and no parking lot shall be located within ten feet of any adjacent residential district. No building or other permanent structure shall be located within 35 feet of the street right-of-way. A parking lot shall not be located within ten feet of the right-of-way of any major or collector street.

(6)

Along each property line which is adjacent to residential district, the owner may be required to maintain a buffer strip ten feet wide upon which shall be planted a hedge, evergreen, shrubbery or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects consistent with the existent vegetation and the permitted use of the adjacent residential property.

(7)

Because of the possible public health hazard and in order to obtain adequate fire protection, public water, facilities shall be supplied and the proposed facilities must be shown on the proposed development plan.

(8)

Raw materials and supplies shall be stored within the buildings, and trash, rubbish, and other refuse shall be stored in covered containers and handled and disposed of in such a manner as not to give rise to smoke, odor or litter.

(9)

To effect the provisions of this section and to carry out the conditions and requirements thereof, the city council may prescribe particular requirements or any further reasonable conditions deemed appropriate with respect to the suitability of any proposed building, structure, premises to be used, erected, or altered.

(d)

Special exceptions. The board of zoning adjustment for the city, may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article VII of this chapter authorize special uses such as public works and public utility facilities including, but not limited to, transformer stations, pumping stations, water towers, radio or television transmitter stations and telephone exchanges, but not service or storage yards.

(e)

Signs. Signs shall comply with the provisions of section 60-340(f), the C-1 neighborhood commercial district.

(f)

Distance requirements. For the purpose of this section, measurements for the distance requirements in this section shall be made in a straight line, without regard to the intervening structures or objects, from the nearest edge of one property line of the premises where a proposed building, structure, premises to be used, erected, or altered is conducted, to the nearest property line of an educational institution. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(g)

Nonconforming structures. Nonconforming buildings, structures, or premises used, erected, altered or lawfully operating on the effective date of the ordinance from which this section is derived, that is in violation of this section shall be deemed a nonconforming use and shall not be expanded or enlarged except in conformance with section 60-146.

(h)

Penalties. A person that operates activities in violation of this section shall be guilty of a misdemeanor. An offense shall be considered operation of a certain activities within 300 feet of an educational institution facility during a given day. Each day of operation shall constitute a separate offense.

(Code 2011, § 60-196; Ord. No. 1164, § 1104, 5-20-1968; Ord. No. 02-09-05, § 6, 3-10-2003; Ord. No. 19-05-04, § 3, 7-17-2019)

(a)

General provisions. Administrative exceptions may only be approved provided the applicant complies with the process outlined within this section. Except for a home day care, the planning and zoning director may not approve an exception that results in a change in permitted land uses that would require the approval of a special exception or rezoning of the property.

(b)

Authorized exceptions. The director is authorized to grant:

(1)

Home day care. A special exception for a home day care as set forth in chapter 14.

(2)

District standards. The minimum necessary exception of any of the following minimum or maximum zoning district standards:

a.

Encroachments into required setbacks for the installation, repair, or replacement of decks, steps, porches, access ramps, or similar structures necessary for access;

b.

Setback encroachments to allow for the construction of townhouses abutting a shared lot line;

c.

Lot frontage, lot depth, and lot area;

d.

Parking, loading and unloading spaces; and

e.

Building setbacks or other zoning requirements to bring existing structures into compliance with current requirements.

(c)

Application requirements. To initiate an application for an administrative exception, an application shall be submitted to the department and include the following:

(1)

An application form signed by the property owner or authorized representative, and fee;

(2)

A written narrative explaining and justifying the request; and

(3)

A site plan drawn to scale showing all property lines with dimensions, location of buildings and other structures, north arrow, street numbers, lot or parcel number, locations of setback lines, and other dimensional requirements from which the administrative exception is sought.

(d)

Approval process.

(1)

Upon receipt of a complete application and the required information, the director shall have seven business days from receipt of the application to complete the review and to recommend approval, denial, or suspension of the application. If the director determines that the application does not contain the required information, the review timeline shall be suspended and the applicant shall be notified of the deficiency. When complete and sufficient information is provided by the applicant, the review timeline shall be re-engaged, with an additional three business days added to the remaining balance of the review timeline.

(2)

The director shall approve the application, approve the application with conditions, or deny the application.

(3)

An administrative exception may be approved by the director upon determination that it will satisfy the conditions set forth for variances at section 60-257.

(e)

Order on decision. The director shall file in the planning and zoning office a written order, signed and dated, setting forth the decision to approve the application, to approve the application with conditions stated thereon, or to deny the application. A copy of the order shall be provided to the applicant.

(f)

Appeals. Appeal from the decision of the director to approve the application with conditions or to deny the application may be made to the board of adjustment.

(g)

Violation of order. Unless otherwise modified by appeal, a violation of the order of the director shall be subject to the penalties and remedies set forth in this chapter.

(Ord. No. 24-03-01, § 1, 4-25-2024; Ord. No. 25-07-01, § 1, 8-20-2025)

(a)

Authority and purpose. The board of zoning adjustment in its discretion may authorize variances to modify the strict application of the specific requirements of this chapter where the strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of the property. The variance shall be authorized only where necessary to overcome some obstacle which is preventing an owner from reasonably using the property as the ordinance intended.

(b)

Appeal by application; burden. A property owner may appeal for a variance by application to the board. The fee shall be paid at the time of application for each application submitted. The board shall consider and decide the application at a public hearing and in accordance with the standards provided in this section and in applicable state law. The applicant has the burden of showing the variance satisfies the requirements for authorization.

(c)

Requirements for authorizing a variance. Before the board may authorize a variance, it must find that:

(1)

Authorizing the variance will not be contrary to the public interest;

(2)

There are special conditions attached to the property that do not generally apply to other properties in the same district;

(3)

Because of the special conditions, strict application of the ordinance will result in unnecessary hardship to the applicant;

(4)

The spirit of this chapter and the comprehensive plan will be observed by authorizing the variance; and

(5)

Substantial justice will be done by authorizing the variance.

(d)

Criteria for variances. In authorizing a variance, the board must consider the following specific criteria:

(1)

Special conditions exist. Special conditions regarding the particular property do not apply generally in the district. Special conditions must relate to the hardship complained of and may include, but are not limited to, unique physical characteristics such as lot size or dimension, topography, or an existing structure location. Such special conditions that an extraordinary and exceptional situation on the property exists, or that denial of the variance would create peculiar and exceptional practical difficulties or exceptional and unnecessary hardship to the applicant shall be described in the findings of the board.

(2)

Permitted use only. The variance will not permit a use of land, building, or structure which is not permitted in the district. The mere existence of a nonconforming use of any neighboring land, building, or structure in the same district or of permitted or nonconforming uses in other districts shall not justify the variance.

(3)

No special privilege. The variance will not confer upon the applicant a special privilege denied to other residents of the district.

(4)

Enjoyment of common privileges. Failure to authorize the variance will deny the applicant a privilege commonly enjoyed by other residents of the district.

(5)

Established business. Failure to authorize the variance will result in unjust financial hardship to a previously established business or industry at the particular property.

(6)

Deprivation of reasonable use. Special conditions are such that the strict application of the provisions of this chapter will deprive the applicant of reasonable use of the particular property. Mere loss in value is not a deprivation of reasonable use so as to justify the variance.

(7)

Minimum adjustment. The variance will be the minimum adjustment necessary for the reasonable use of the land.

(8)

Intent observed. The variance will be in harmony with the general purposes and intent of this chapter and not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan of the city.

(e)

Unnecessary hardship. The board may not find an unnecessary hardship:

(1)

Unless the hardship is located on or associated with the particular property and comes from conditions unique to the property and not from conditions that are general to the neighborhood.

(2)

If the hardship is the result of the actions of the applicant. The hardship to the applicant may not be self-imposed.

(3)

If the hardship to the applicant is merely financial or economic or due to inconvenience.

(f)

Additional requirements; refusal. The board may prescribe and impose additional requirements, conditions, and safeguards, including a specified time limit, as a condition for authorizing a variance to mitigate any harmful effects of the variance or to serve the purpose of the standard or requirement that is waived or modified. No authorization shall be given, or any authorization shall be revoked, where the applicant refuses or fails to accept, effect, and maintain such conditions and safeguards.

(Ord. No. 25-02-03, § 2, 3-26-2025)