The purpose of this chapter is to define and regulate bed and breakfasts and vacation home establishments within the municipal boundaries of Belle Fourche, ensuring these uses are appropriately integrated into residential and commercial districts, while maintaining public health, safety, and welfare.

(Ord. No. 2-2025, 9-2-2025)

For the purposes of this chapter, the following definitions shall apply:

A.

Bed and Breakfast Establishment. Pursuant to SDCL 34-18-9.1:

"Bed and breakfast establishment" means any building or buildings run by an operator which is used to provide accommodations for a charge to the public, with at most five (5) rental units for up to an average of ten (10) guests per night and in which family style meals are provided;

"Family style meal" means any meal ordered by persons staying at a bed and breakfast establishment which is served from common food service containers, as long as any food not consumed by those persons is not reused;

"Operator" means the owner or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property.

B.

Vacation Home Establishment. Any home, cabin, or similar building that is rented, leased, or furnished in its entirety to the public on a daily or weekly basis for more than fourteen (14) days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in subdivision 34-18-9.1(1);

C.

Short-Term Vacation Rental. A residential dwelling unit that is rented, leased or furnished, in part or in its entirety on a daily or weekly basis for more than fourteen (14) days in a calendar year. Short-term vacation rentals do not include hotels, motels, or other commercial lodging facilities.

(Ord. No. 2-2025, 9-2-2025)

All bed and breakfasts, vacation home establishments, and short-term vacation rentals within the City of Belle Fourche shall be considered conditional uses in any zoning district in which residential dwellings are permitted. No person shall operate a bed and breakfast, vacation home establishment, and short-term vacation rental without first obtaining a Conditional Use Permit (CUP) from the City of Belle Fourche, pursuant to the procedures outlined in Chapter 17.30 of the Belle Fourche Municipal Code. Permits are nontransferable and will require an annual renewal and fees as set by resolution of the City Council.

In evaluating an application for a conditional use permit, the Planning Commission and City Council may consider, among other factors:

1.

The compatibility of the proposed use with surrounding residential uses.

2.

The maximum occupancy and adequacy of parking.

3.

Potential impacts on neighborhood character and traffic.

4.

Compliance with all local, state, and federal regulations.

(Ord. No. 2-2025, 9-2-2025)

A.

Licensing Prerequisite for Conditional Use Permit. Prior to the issuance of a Conditional Use Permit by the city, the property owner must provide one (1) of the following:

1.

Proof of registration for a bed and breakfast establishment, as required by SDCL 34-18-9.3; or

2.

Proof of a valid South Dakota Department of Health (DOH) Lodging License for a vacation home establishment, as required by SDCL 34-18 and ARSD 44:02:08; and

3.

Proof of a valid South Dakota Sales Tax Number.

B.

Ongoing Compliance Requirement. It shall be the responsibility of the owner to maintain compliance with all applicable state lodging requirements throughout the operation of the business.

C.

Revocation for Noncompliance. Failure to obtain or maintain the required state license shall result in revocation of the conditional use permit and termination of authorization to operate within the City of Belle Fourche.

(Ord. No. 2-2025, 9-2-2025)

Any violation of this chapter shall be considered a municipal offense and subject to the penalties provided in Chapter 1.20 of the Belle Fourche Municipal Code. Each day a violation continues shall constitute a separate offense.

(Ord. No. 2-2025, 9-2-2025)

If any section, provision, or portion of this chapter is determined to be invalid or unconstitutional, such ruling shall not affect the validity of the ordinance as a whole or any section, provision, or portion thereof not specifically determined to be invalid or unconstitutional.

(Ord. No. 2-2025, 9-2-2025)