The zoning regulations set forth by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided. (Ord. 763 (part), 2015: Ord. 432 (part), 1995)

   A.   Pursuant to SDCL 11-4, Custer Municipal Code 17.08.040(E) is repealed and all zoning ordinances shall only be adopted or renewed by these procedures set under 17.04.012.

   B.   City Council is the only governing body that can adopt or renew a zoning ordinance. A proposed zoning ordinance may also be adopted through a referendum pursuant to SDCL 9-20.

   C.   Before adoption or renewal of a zoning ordinance by City Council, the Council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given once at least ten (10) days in advance by publication in a legal newspaper of the municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment.

   D.   Upon adopting a zoning ordinance, the ordinance is subject to the provisions of SDCL 9-19-7 as a comprehensive regulation unless the ordinance was adopted by referendum.

   1.   SDCL 9-19-7 states the title of all ordinances shall be read twice with at least five days intervening between the first and second reading. The ordinance shall be signed by the mayor or acting mayor, filed with the Finance Officer, and published once except that an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, health, or milk regulations need not be published in a newspaper, but upon adoption of such an ordinance the Finance Officer shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and twenty days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.

   E.   Any protests to a proposed zoning ordinance shall follow the following guidelines:

   1.   Any written protests to a proposed ordinance must be filed with the Finance Officer and it must be signed by at least forty percent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty feet from any part of the proposed district. Any written protest must be filed before the date the ordinance becomes effective pursuant to SDCL 9-19-7.

   2.   For purposes of determining who is an owner of equity for a written protest, a corporation is construed to be a sole owner, and if parcels of land are in the name of more than one person, ownership representation is in proportion to the number of signers who join in the petition in relation to the number of owners.

   3.   If a written protest has been filed correctly, the ordinance does not become effective unless the ordinance is approved by two-thirds of the City Council.

   4.   The protest provisions of this section do not apply to any ordinance regulating or establishing flood plain areas. (Ord. 789 (part), 2017)

   The definitions set forth in SDCL 11-6-1 shall be applicable to Title 17 of the Custer City Municipal Code. (Ord. 789 (part), 2017)

   A.   Administrative standards: whenever an administrative decision is made in the course of administering and enforcing a zoning ordinance, the decision shall be made so that the result will not be contrary to the requirements and purposes of Title 17 or injurious to the surrounding neighborhood.

   B.   Powers and duties of City Council:

   1.   To hear and decide on all new proposed zoning ordinances and all requests for change of zoning.

   2.   Council shall base all of their decisions in consideration of their own findings, the findings and recommendations of the Planning Commission, and any public input at the required public hearing.

   3.   The Council shall act as and perform all the duties and exercise the powers of the Board of Adjustment.

   C.   Powers and duties of the Planning Commission:

   1.   The Planning Commission has all such powers necessary to enable it to fulfill and perform its functions and duties under Chapter 2.32, promote city planning and zoning, or carry out all the purposes of SDCL 11-4.

   D.   Powers and duties of the Board of Adjustment:

   1.   The Board of Adjustment may hear appeals pursuant to SDCL 11-4-17(1), where it is alleged there is an error in any order, requirement, decision, or determination made in the enforcement of the zoning ordinance.

   2.   The Board of Adjustment may grant variances pursuant to SDCL 11-4-17(2) and in accordance with Chapter 17.45.

   3.   Pursuant to SDCL 11-4-24, the mayor shall be chairman of the Board of Adjustment and the concurring vote of at least two-thirds of the members of Council shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variances to the Zoning Ordinance.

   4.   The Board of Adjustment may grant conditional uses pursuant to SDCL 11-4-17(3) and in accordance with Chapter 17.46.

   5.   Pursuant to SDCL 11-4-17(3), conditional uses shall be approved by a simple majority vote of the present and voting members of the Board of Adjustment. (Ord. 789 (part), 2017)

   No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the zoning regulations herein specified for the district in which it is located. (Ord. 763 (part), 2015: Ord. 432 (part), 1995)

   No building or other structure shall hereafter be erected or altered:

   A.   To exceed the height or bulk;

   B.   To accommodate or house a greater number of families;

   C.   To occupy a greater percentage of lot area;

   D.   To have narrower or smaller rear yards, front yards, side yards or other open spaces; than herein required; or

   E.   In any other manner contrary to the provisions of this title. (Ord. 763 (part), 2015: Ord. 432 (part), 1995)

   No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. (Ord. 763 (part), 2015: Ord. 432 (part), 1995)

   No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of said ordinance shall meet at least the minimum requirements established by this title. (Ord. 763 (part), 2015: Ord. 432 (part), 1995)

   Any plat, hereafter made, for each subdivision or part thereof lying within the jurisdiction of this title, shall be prepared, presented for approval, and recorded as herein prescribed. The subdivision regulations contained in Title 16 shall apply to the land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots. (Ord. 763 (part), 2015: Ord. 494, 1998: Ord. 432 (part), 1995)

   In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of public safety, health, and general welfare. It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenant or deed restriction. Where these provisions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby. (Ord. 789 (part), 2017)

   A.   Whenever the regulations made under authority of Title 17 require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute, local ordinance, or regulation, the provisions of the regulations made under authority of Title 17 shall govern.

   B.   Wherever the provisions of any other statute, local ordinance, or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or other higher standards than are required by the regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall

govern. (Ord. 789 (part), 2017)

   1.   Continuance of nonconforming uses permitted - discontinuance. Any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupation does not conform to the provisions of the ordinance. However, if the nonconforming use, lot, or occupancy is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance. (Source: SDCL 11-2-26)

   2.   Gradual elimination of discontinued nonconforming uses. The governing body may by resolution as provided in SDCL 11-2-25 prescribe such regulations not contrary to law or SDCL 11-2-26, as it deems desirable or necessary to regulate and control, or reduce the number or extent of or bring about the gradual elimination of nonconforming uses, lots, or occupancies. However, in accordance with the provisions of SDCL 11-2-26, any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the use, lot, or occupancy is discontinued for more than one year, the board may adopt, after notice by registered or certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use, lot, or occupancy. (Source: SDCL 11-2-27)

(Ord. 763 (part), 2015)

   A.   In all districts, off-street parking shall be provided and maintained in the manner set forth in this section. For any new building constructed, any change in the occupancy type, any addition or enlargement of an existing building or use as defined in this chapter, there shall be sufficient off-street parking as required by this section. Parking spaces shall meet a minimum of nine (9) feet wide by eighteen (18) feet long.

   B.   Central Business District.

      1.   All uses within the Central Business District as designated on the official zoning map in Section 17.08.070 shall not be required to provide off-street parking.

      2.   Exception: For any building or use in the Central Business District that would require in excess of seventy-five (75) parking spaces based on the requirements of this subsection C. the additional off street parking spaces shall be provided within three hundred (300) feet of the building or use.

   C.   Minimum Off-Street Parking and Loading Requirements.

      1.   The grid below shows the minimum off-street parking requirements for various uses in the City of Custer. In the event the use is not specifically outlined below, City Planner shall determine minimum parking requirements.

 

   D.   Stacking.

      1.   Uses which have a drive-up service window or similar device shall provide space on the lot to stack vehicles waiting to reach the initial point of contact in accordance with the following:

         a.   Eating or Drinking Establishment: One hundred and twenty (120) feet for each service window.

         b.   Bank: Sixty (60) feet per service window.

         c.   Daycare Facility: Eighty (80) feet per pick up or drop off location, or four spaces reserved for picking up or dropping off.

         d.   Carwash: Eighty (80) feet per bay.

         e.   Other Uses: Forty (40) feet per service window.

(Ord. 917, 2024)