Flandreau City Zoning Code
DISTRICT REGULATIONS
§ 155.020 GENERAL.
(A) The district regulations included in this subchapter may be qualified or supplemented by additional regulations appearing elsewhere in this chapter.
(B) Any use or uses not expressly permitted in a particular district shall be prohibited unless such uses are existing at the effective date of these regulations and qualify as non-conforming uses. Deviation from zoning district lot, yard, and related requirements and city-wide zoning regulations, shall be prohibited unless a variance is granted as provided for in § 155.182 of these regulations.
(C)
The Board of Adjustment may establish additional requirements and standards for uses and structures permitted by a conditional use permit as conditions to said conditional use permit in accordance with § 155.180.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.021 APPLICABILITY OF REGULATIONS.
The regulations set forth by this subchapter 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. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.022 GENERAL COMPLIANCE.
No building or any part thereof shall hereafter be used or occupied; no building or any part thereof shall be erected, constructed, reconstructed, converted, altered, enlarged, extended, raised, moved, or used; and no premises shall be used for any purpose other than a purpose permitted in the district in which said building or premises is located except as hereinafter provided.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.023 CONSTRUCTION OR ALTERATION OF STRUCTURES AND LOTS.
(A) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; and/or
(5) In any other manner contrary to the provisions of this chapter.
(B)
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension at or below the minimum requirements set forth herein.
Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.024 INTENT OF NON-CONFORMING USES.
(A) Within the districts established in this chapter or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these non-conformities to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that non-conformities, with the exception of nonstandard uses, shall not be enlarged upon, expanded, or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Non-conforming uses are declared to be incompatible with permitted uses in the districts involved. With the exception of nonstandard uses, a non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses or a nature which would be prohibited generally in the district involved.
(C) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.025 REPAIRS AND MAINTENANCE OF NON-CONFORMING STRUCTURES.
On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding 10% of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be provided that the cubic content existing when it became non-conforming shall not be increased. If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.026 NON-CONFORMING USES AND STRUCTURES.
A lawful use or structure existing at the time this chapter is adopted or amended may continue even though such use does not conform to the district regulations subject to the following provisions.
(A) Whenever a non-conforming use or structure has been changed to a conforming use, it shall not be changed back to a non-conforming use.
(B) If any non-conforming building is destroyed or damaged by any casualty, such building may be repaired or replaced and use continued provided said reconstruction shall not add to the non-conformity or add to the cubic contents of said building as the same existed at the time of such casualty and provided further that such repair or reconstruction of such building shall begin within six months after such casualty and completed within a reasonable time thereafter. However, if the damage caused by such casualty is such as to cause a loss in value exceeding 50% of the replacement value immediately prior to such casualty, it cannot be rebuilt for a non-conforming use. The loss in value shall be computed as the difference between the actual cash value of the structure immediately before and after the casualty. Cash value shall be the same as that used for insurance purposes as approved by the state’s Insurance Code, being SDCL Title 58.
(C) When a non-conforming use or structure is discontinued for a period of one year, it shall not be continued unless in conformance with the requirements of this section and SDCL § 11-6-39.
(D) Any non-conforming use may be extended throughout any part of a structure which was arranged or designed for such use previous to the adoption of this chapter but shall not be extended outside each structure.
(E) No existing non-conforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use. This is not to include normal repairs and maintenance which do not enlarge, move, or structurally alter a non-conforming use.
(F) Type I and type II manufactured homes located upon any lot or lots of record at the time of the adoption of this chapter may be replaced by type I and/or type II manufactured homes of like dimensions, and said replacement shall not be deemed to have changed the use thereof from a non- conforming to a conforming use. If a replacement type I and/or type II manufactured home is of larger dimension than the existing type I and/or type II manufactured home, the application must first be made to the Board of Adjustment for a Conditional Use Permit.
(G) NON-CONFORMING LAND USE shall include non-conforming manufactured home courts existing at the time of the adoption of this chapter, and the substitution or replacement of type I and type II manufactured homes to said manufactured home court shall not be deemed to have changed the use thereof from a non-conforming to a conforming use.
(H) Nothing contained in this section shall be so construed as to abridge or curtail the powers of the City Planning Commission, City Council and/or Board of Adjustment as set forth elsewhere in this chapter.
(I) Nonstandard uses existing immediately prior to the effective date of this chapter may be continued, although such uses do not conform to the provisions hereof. Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:
(1) The Administrative Official may allow the structural alteration, addition (enlargement or extension) of a non-standard structure provided such alteration(s) or addition(s) will be erected no closer to the lot line than the existing building’s current non-conforming setback and the addition shall further conform to all other ordinance requirements. (See Figure 155.026 below.)
(2) The Board of Adjustment structural alteration, addition (enlargement or extension) of a non-standard structure provided such alteration(s) or addition(s) conforms to all other ordinance requirements. (See Figure 155.026 below.)
Figure 155.026
Example of Addition to a Non-Standard Structure
Example of Addition to a Non-Standard Structure
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Statutory reference:
Related provisions, see SDCL § 9-6-39
§ 155.027 NON-CONFORMING LOTS OF RECORDS.
(A)
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter notwithstanding limitations imposed by other provisions of this chapter. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership.
This provision shall apply even though such lot fails to meet the requirements of area and/or width that are generally applicable in the district provided that yard dimensions and requirements other than these applying to area and/or width of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(B) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter and all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered an undivided parcel for the purposes of this subchapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established nor shall any division of any parcel be made which creates a lot with width or area below the requirements in this subchapter.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.028 USES UNDER CONDITIONAL USE PROVISIONS NOT NON-CONFORMING USES.
Any use which is permitted as a conditional use in a district under the terms of this subchapter, other than a change through Board of Adjustment action from a non-conforming use to another use not generally permitted in the district shall not be deemed a non-conforming use in such district but shall, without further action, be considered a conforming use.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.029 ZONING DISTRICTS.
The following zone and use districts are hereby established for the purposes of administration and enforcement of this chapter.
(A) A, Agricultural District. The purpose of the A, Agricultural District is to preserve open space and land currently used for agricultural purposes. This land is considered not yet ready for further development until the installation of drainage works, streets, utilities, and community facilities and until objective projections of appropriate land uses are possible and may further be subject to periodic flooding.
(B) C1, Central Commercial District. The purpose of the C1, Central Commercial District is to provide commercial areas for business establishments serving the needs of trade area residents. Permitted uses are intended to create a strong central business district, free from conflicting land uses, which is the focal point of trade area retail sales, personnel, business and professional services, governmental and cultural activities.
(C) FP, Flood Plain District. The purpose of the FP, Flood Plain District is to protect from encroachment in watershed areas subject to flooding, backwater spreading, and flood water or overflow of streams or rivers. The FP, Flood Plain District is an overlay district, imposing special regulations on the properties that fall within this overlay district without abrogating the requirements imposed by the underlying land use district regulations.
(D) HC, Highway Commercial District. The purpose of the HC, Highway Commercial District is to accommodate those industrial uses able to meet performance standards and those commercial uses which need larger lot area or are not compatible with the Central Commercial District.
(E) I, Industrial District. The purpose of the I, Industrial District is to provide space for a wide range of industrial uses and structures and for certain commercial uses. Regulations are intended to provide guidelines for locating activities which may be injurious or offensive to occupants of adjacent areas, or which emit odors, fumes or gases, dust, smoke, noise, or vibrations which are evident beyond the property of such uses.
(F) R1, Single-Family Residential District. The purpose of the R1, Single-Family Residential District is to provide locations for low-density residential dwellings. Restrictions and requirements are intended to preserve and protect the residential character by preventing incompatible land uses.
(G) R2, General Residential District. The purpose of the R2, General Residential District is to provide a stable environment for the development of two-family and multiple-family dwelling units free from incompatible land uses.
(H) R3, Combined Residential District. The purpose of the R3, Combined Residential district is to permit a broad variety of housing types with an emphasis of the development of a single-family residential manufactured home park located in an appropriate environment.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)