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Deadwood City Zoning Code

CHAPTER 17

12 ZONING MAP AND ZONING DISTRICTS

17.12.010 Zoning Map

  1. The zoning districts map dividing the city into several districts, as shown, is made a part of this title.
  2. The official zoning districts map shall be kept and maintained in legible and satisfactory condition by the zoning administrator and shall be available for inspection and examination by members of the public at all reasonable times as any other public record. A duplicate zoning map shall be entrusted to and safeguarded by the city attorney.
  3. When, in accordance with provisions of this title and 1967 SDCL 11-4-8, changes are made in district boundaries or other matters portrayed on the zoning districts map, such changes shall be made promptly after the amendment has been approved by the governing body.

(Ord. 831 § 2.1, 1992)

17.12.020 Zoning Map Amendments

The zoning map is a part of this title and all changes to the map must be made by ordinance. The city shall, within a reasonable time after adoption of any such amendment, place the amendment on the zoning map. All amendments made to the zoning map shall bear the ordinance number of the amendment, followed by the effective date of enactment of the amending ordinance in parenthesis and shall be signed by the city zoning administrator after placement of the amendment upon the zoning map.

(Ord. 831 § 2.2, 1992)

17.12.030 Boundaries

  1. Map Symbols. The symbols of a given zoning district, as defined by the legend of the zoning districts map shall apply to all property contained in the boundaries of that district as shown on the map.
  2. Interpretation of District Boundaries. Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the zoning districts map, the following rules shall apply:
    1. Boundaries shown as following or approximately following streets, highways or alleys shall be construed to follow the center lines of such streets, highways or alleys;
    2. Boundaries shown as following or approximately following platted lot lines or other property lines, such lines shall be construed to be the boundary lines;
    3. Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines;
    4. Boundaries shown as following or approximately following the center line of streams, rivers or other continuously flowing water courses shall be construed as following the channel center line of such water courses and the boundaries shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated;
    5. Boundaries shown as following or closely following the limits of political jurisdictions shall be construed as following such limits;
    6. Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive districts shall govern the entire parcel in question, unless otherwise determined by the governing body;
    7. Whenever any street, alley or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue, shall become the classification of the vacated land.

(Ord. 831 § 2.3, 1992)

17.12.040 Annexation

  1. Zoning of annexed land or land in the process of annexation shall be considered an initial zoning and shall be consistent with the goals and land use designations of the Deadwood comprehensive plan.
  2. Zoning of land in the process of annexation shall follow the procedures for notice for rezoning set forth in this title. In addition, the city shall post the property with a notice indicating that annexation and zoning have been requested and that interested persons may obtain more information from the city planning department.
  3. An ordinance proposing zoning of land to be annexed shall not be finally adopted by the city commission before the date of final adoption of the annexation resolution.
  4. Any land annexed shall be zoned and placed upon the zoning district map within ninety (90) days after the effective date of the annexation resolution, notwithstanding any judicial appeal of the annexation. The city shall not issue any building or occupancy permit until the annexed property becomes a part of the zoning district map.
  5. A lot annexed and zoned that does not meet the minimum lot area or open space per dwelling unit requirements of this code may be used notwithstanding such requirements in accordance with this code or any ordinance of the city, if such lot was a buildable lot under Lawrence County jurisdiction prior to annexation.

(Ord. 831 § 2.4, 1992)

17.12.050 Zoning Districts Established

  1. Zoning districts are classified according to the predominant character of development and current or intended uses in an area. District regulations shall be as set forth in this section and in Section 17.04.080 and Chapter 17.60 of this title.
  2. Uses in the following zone districts are separated into two groups: (1) uses permitted by right; and (2) conditional uses. The uses listed under both categories will be used for such purposes and/or any use which the planning and zoning commission considers comparable to another use which is directly listed under uses permitted by right and conditional uses. The planning and zoning commission will consider the following criteria when comparing uses under uses permitted by right and/or conditional uses:
    1. The proposed use will not pose a threat to the public health, safety and welfare of the city;
    2. Similarities are determined in the character and intensity among the uses being compared;
    3. Possibility of street congestion, traffic and parking problems is investigated;
    4. Public convenience and impact, if any, on property values be considered.
  3. The districts are established as set out in this title.

(Ord. 952 (part), 1999; Ord. 831 § 3 (part), 1992)