1. This title is a zoning ordinance combined with a historic preservation ordinance (Chapter 17.68.)
2. It is the purpose of this title to promote the orderly development of the city and to improve the health, safety and general welfare of its citizens.
3. Specifically, this title is designed to achieve the following zoning goals:
   1. Lessen congestion in the streets;
   2. Secure safety from fire, panic and other dangers;
   3. Provide adequate light and air;
   4. Prevent overcrowding of land;
   5. Avoid undue concentration of population;
   6. Facilitate adequate provisions of transportation, water, sewage, schools, parks and other public services;
   7. Protect water quality;
   8. Preserve and enhance visual attractiveness and economic vitality;
   9. Require appropriate setbacks for buildings and other structures to facilitate the safe movement of vehicular pedestrian traffic, provide adequate fire lanes and ensure adequate distance from dust, noise and fumes created by vehicular traffic;
   10. Reduce the amount of grading necessary for site preparation; and
   11. Encourage the most appropriate use of land throughout the community.

(Ord. 952 (part), 1999: Ord. 831 § 1.1 (part), 1992)

1. The city is internationally known for its role in the history of the United States, for its significant collection of historic resources, and for its natural setting. As a matter of public policy, the city intends to preserve, enhance and perpetuate those aspects of the city that have historical, cultural, architectural, archeological and/or natural merit. Such activities will promote and protect the prosperity, education and general welfare of citizens and visitors to Deadwood.
2. The historic preservation chapter is designed to achieve the following goals:
   1. Protect, enhance and perpetuate resources which represent distinctive and significant elements of the city’s historical, cultural, social, economic, political, archeological and architectural identity;
   2. Strengthen civic pride and cultural stability through neighborhood conservation;
   3. Stabilize the city’s economy through the use, preservation and revitalization of its resources;
   4. Protect and enhance the city’s attractions to visitors and the resulting support and stimulus to business and industry;
   5. Promote the use of cultural resources for the education, pleasure and welfare of the people of the city;
   6. Provide a review process for the continued preservation and appropriate development of the city’s resources.

(Ord. 952 (part), 1999; Ord. 831 § 1.1 (part), 1992)

This chapter is adopted pursuant to the authority conferred within 1967 SDCL, Chapters 11-4, 11-6, 9-19, 9-29 and 1-19B as amended. This title is enacted by ordinance.

(Ord. 900 (part), 1995; Ord. 831 § 1.2, 1992)

This title (including all addenda and amendments) shall be known as the “zoning code,” and may be cited as such and shall also be referred to as such herein.

(Ord. 831 § 1.3, 1992)

In applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Whenever the requirements of this title are also regulated by another ordinance, the ordinance, which is deemed more restrictive, shall govern.

(Ord. 831 § 1.4, 1992)

The jurisdiction of this title shall include the corporate limits of the city and such additional territory outside the corporate city limits as permitted by 1967 SDCL, Chapter 11-6 and agreed upon by the county commissioners of Lawrence County upon petition by the city.

(Ord. 831 § 1.5, 1992)

For the purpose of this title, certain words and terms are to be interpreted as follows:

1. Words used in the present tense can include the future; words used in the masculine gender can include the feminine and neuter; words in the singular number can include the plural; and the words in the plural can include the singular, unless the obvious construction of the wording indicates otherwise.
2. The word “building” includes the word “structure” and the word “structure” includes the word “building”; the word “lot” includes the word “plot”; the word “used” shall be deemed also to include designed, intended or arranged to be used; the term “erected” shall be deemed also to include constructed, reconstructed, altered, placed, relocated or removed.
3. Unless otherwise specified, the term “day” means calendar day.
4. The word “may” is discretionary.
5. The word “shall” is mandatory.
6. The word “persons” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
7. Words shall dominate over graphics.

(Ord. 831 § 1.7, 1992)

(Ord. 1010 § 1 (part), 2003; amended during 2004 codification; Ord. 831 § 1.8, 1992)

1. This title is intended to regulate the erection, construction, reconstruction, alteration and use of buildings and structures and the uses of land. All regulations shall be uniform for each class or kind of building throughout each district.
2. The requirements set forth in the districts shall be considered as minimum requirements for the district and may be exceeded by the individual property owner, except as provided in this section:
   1. No land shall be used or occupied except in conformity with the regulations prescribed for the district in which the land is located.
   2. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any buildings or part thereof be used or occupied except in conformity with the use regulations prescribed for the district in which the building is located.
   3. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with off-street parking as prescribed by the uses.
   4. The minimum site area, yards, parking spaces and open spaces required by this title for each building existing at the time of the passage of the ordinance codified in this title or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any site area be reduced below the requirements of this title.
   5. Every building or structure, other than any accessory structure, hereafter erected, converted, enlarged, reconstructed, moved or structurally altered, shall have provided and continuously maintained for it a separate building site as defined in Chapter 17.08.
   6. Construction of principal use and accessory use structures may be concurrent, but no accessory use structure shall be constructed or occupied prior to construction or occupancy of the principal structure.
   7. Every use, except as expressly exempt by this title, shall be operated entirely within a completely enclosed structure.
   8. No grading shall be undertaken within the corporate limits of the city without having been first issued a grading permit from the building inspector. Approval may be contingent upon review by a registered professional engineer, city archaeologist, city historic preservation officer and other city officials at the discretion of the city. Before any permit is issued the applicant shall pay a permit fee as listed in the city fee schedule, which is set and amended by resolution.

(Ord. 1271, 2017; Ord. 851 (part), 1993; Ord. 831 § 4.1, 1992)

1. A building permit is required for any activity covered by this title or any other ordinance duly passed by the city. The fee for such permit shall be established based upon the value of the project for which a permit is requested, as applied to a schedule of fees that has been established by the City Commission in its Code of Ordinances, Section 15.01.060.
2. No land shall be used or occupied and no structures shall be occupied except in conformance with all regulations established in this title and upon performance of all conditions set forth.
3. A demolition permit is required for any activity covered by this title or any other ordinance duly passed by the city. The fee for such permit shall be established based upon the tax assessed value of the property to be demolished, for which a permit is requested, as applied to a schedule of fees that has been established by the City Commission in its Code of Ordinances, Section 15.01.060.
4. In demolition cases involving natural disasters, fire, or emergency measures, the minimum permit fee shall apply upon approval of the building official with concurrence of the historic preservation officer as long as the demolition does not encroach upon, damage, or destroy any historic property included in the National Register of Historic Places or the State Register of Historic Places or have an adverse effect on the historic districts under Section 17.68.020.

(Ord. 1205, 2014; Ord. 1091, 2007; Ord. 831 § 10.6, 1992)

1. The building inspector shall have the authority to issue citations to any person who violates this title or any amendment hereto. The citation for a Class 2 misdemeanor is punishable by the maximum punishment set forth by the laws of the State of South Dakota pursuant to SDCL 22-6-2. Each day that any violation of this title is in effect shall constitute a separate offense. Penalties for violations of Chapter 17.68 shall be found in Section 17.68.120.
2. In addition to the penalties prescribed by subsection A. above, any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system, or demolition, before obtaining the necessary permits, or is in violation of the approved plans, or is otherwise in violation of this title or any amendment hereto, shall be subject to an additional fee established by this section that shall be in addition to the required permit fees. The additional fee shall be a minimum of one hundred dollars ($100.00) for any project valued one thousand dollars ($1,000.00) or less. Any project valued over one thousand dollars ($1,000.00) shall be assessed an additional fee of two (2) times the permit fee that was required, pursuant to the schedule found in Chapter 15.01. An investigation fee shall be collected whether or not a permit is then or subsequently issued unless said permit is issued within twenty-four (24) hours of the receipt of criminal citation, pursuant to subsection A. above.

(Ord. 1213, 2014; Ord. 1092, 2007; Ord. 1010 § 1 (part), 2003; amended during 2004 codification; Ord. 851 (part), 1993; Ord. 831 § 10.11, 1992)

1. General.
   1. If at the time of a request for a certificate of occupancy all work required by a building permit or development agreement is not completed, the developer shall provide financial security in the form of an escrow of funds with the city, a letter of credit or other financial guarantee that is acceptable to the city attorney to secure the installation or completion of improvements required by this title or the terms of a development agreement, including without limitation, landscaping, building and site treatment, and public improvements.
   2. The city planning department shall establish the amount and term of the financial guarantee.
   3. The developer shall install or complete the improvements within the time specified in the development agreement.
   4. The city planning department shall review the financial guarantee annually to assure that it meets the full current cost of installing or completing the improvements that it guarantees and may require the developer to augment the guarantee to meet such costs.
   5. If the improvements are not completed within the required time, the city planning department may cause them to be completed and collect against the financial guarantee or, if the guarantee is exhausted, against the developer for their full cost of completion.
   6. The requirements of this section are in addition to any requirements for financial guarantees under any other provision of this title.
2. Commercial Building Permit.
   1. At the time of application for a commercial building permit for any commercial projects greater than $100,000, the general contractor shall provide, along with the permit application, engineered plans for the work to be completed under the commercial building permit, along with an estimated time of completion for the project. The developer shall also provide financial security in the form of a performance bond that is acceptable to the city attorney to secure the completion of improvements under the commercial building permit, including, without limitation, landscaping, building, site treatment and public improvements.
   2. In any instance where the developer seeks to act as general contractor for the project, the developer shall provide a performance bond, escrow funds with the city, letter of credit or other financial guarantee satisfactory to the city planning department to secure the completion of improvements under the commercial building permit, including, without limitation, landscaping, building, site treatment and public improvements.
   3. The city planning department shall establish the amount and term of the performance bond, taking into account the total value of the project sought under the commercial building permit, as well as any costs of remediation should the developer fail to complete the project under the commercial building permit.
   4. The city planning department shall review the performance bond annually to ensure that it meets the full and current costs of installing and completing the improvements that it guarantees, and may require the development developer to augment the bond or guarantee to meet such costs.
   5. If the improvements are not completed within the required time, the city planning department may cause them to be completed and collect against the performance bond or, if the guarantee is exhausted, against the developer for their full cost of completion.
   6. Requirements of this section are in addition to any requirements for financial guarantees under any other provision of this title.
3. Certificate of Occupancy.
   1. If at the time of a request for a certificate of occupancy all work required by a commercial building permit or development agreement is not completed, the developer shall provide financial security in the form of an escrow of funds with the city, a letter of credit or other financial guarantee that is acceptable to the city attorney to secure the installation or completion of improvements required by this title or the terms of a development agreement, including, without limitation, landscaping, building and site treatment, and public improvements.
   2. The city planning department shall establish the amount and term of the financial guarantee.
   3. The developer shall install or complete the improvements within the time specified in the development agreement.
   4. The city planning department shall review the financial guarantee annually to assure that it meets the full current cost of installing or completing the improvements that it guarantees, and may require the developer to augment the guarantee to meet such costs.
   5. If the improvements are not completed within the required time, the city planning department may cause them to be completed and collect against the financial guarantee or, if the guarantee is exhausted, against the developer for their full cost of completion.
   6. The requirements of this section are in addition to any requirements for financial guarantees under any other provision of this title.

(Ord. 1258, 2017; Ord. 831 § 10.12, 1992)