Fort Pierre City Zoning Code
GENERAL PROVISIONS
§ 159.001 INTRODUCTION.
(A) The purpose of this chapter is to provide for the harmonious development of the city and its environs in accordance with the city’s Comprehensive Plan; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote public health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentrations of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
(B) The zoning ordinance controls the use of land, the location, height, size and use of buildings, the arrangement of buildings on lots and the density of population within the corporate limits of the city and within that portion of the unincorporated area of the county included on the official “Zoning Map of the City of Fort Pierre, South Dakota and its Planning Area,” which is incorporated as a part of this chapter as if set out in full and shown as the Fort Pierre Urban Area on the official “Zoning Map of Stanley County, South Dakota.”
(Prior Code, § Q-1-101)
Editor’s note:
As an additional reference, see Res. 680, passed 8-6-1990.
Statutory reference:
Related provisions, see SDCL §§ 9-12-13, 11-4-3 and 11-6-11
§ 159.002 DEFINITIONS.
(A) All words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word SHALL is mandatory, not discretionary; the word MAY is permissive; the word PERSON includes a firm, association, organization, partnership, trust, company, corporation or individual; the word LOT may include the word plat or parcel, depending on context; and the words USED or OCCUPIED include the words intended, designed or arranged to be used or occupied.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL BUILDING. A building located on agricultural property and used to shelter farm implements, hay, grain, poultry, livestock or other farm produce, in which there is no human habitation and which is not used by the public.
ALLEY. A narrow service way providing a secondary means of access to abutting properties.
ALTER or ALTERATION. Any change, addition or modification in construction or occupancy.
APARTMENT. A room or suite of rooms in a multiple dwelling used or designed for occupancy by a single family.
APARTMENT HOUSE. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
AUTO WRECKING. The collecting, burning out, dismantling or wrecking of used motor vehicles, wheeled or track-laying equipment, trailers or equipment, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles, wheeled or track-laying equipment, trailers or their parts, or any medical equipment. The dismantling and rebuilding, other than custom repair, of more than one motor vehicle, piece of wheeled or track equipment or trailer at a time, even though not for profit, or a principal use of a parcel of land shall be defined as AUTO WRECKING. The storage of a partially dismantled motor vehicle, piece of wheeled or track equipment or trailer shall be considered AUTO WRECKING.
BASE ZONING. The zoning regulating the use and development of land unless modified by an overylay district regulation.
BASEMENT. That portion of a building between floor and its ceiling.
BLOCK. A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks or a combination thereof. There may be more than one numbered block, as shown on a plat, falling within a single BLOCK as herein defined.
BOARD. The Board of Adjustment and Appeals of the City of Fort Pierre.
BUILDING. Any structure for the support, shelter and enclosure of persons, animals, chattels or property of any kind.
BUILDING, ACCESSORY. Any subordinate building or structure the use of which is incidental to the principal building on the same lot, including, but not limited to:
(a) Private garages, carports, sheds and agricultural buildings;
(b) Fences over six feet high; and
(c) Tanks and towers.
BUILDING, EXISTING. A building erected prior to the adoption of this chapter or one for which a legal building permit has been issued.
BUILDING, PRINCIPAL. A building in which is conducted the primary use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be the PRINCIPAL BUILDING of the site on which it is located.
CERTIFICATE OF OCCUPANCY. A permit issued by the City Building Inspector indicating that the use of the building or land in question is in conformity with this chapter and the Building Code of the city, or that there has been a legal variance therefrom as provided by said chapter or code.
CITY COUNCIL. The City Council of the City of Fort Pierre.
CITY ENGINEER. The Director of Public Works or his or her designee.
CITY INSPECTOR. The officer charged with the administration and enforcement of this chapter or his or her regularly authorized deputy.
CLINIC, MEDICAL. A building or portion of a building containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractor, physical therapy, nursing or similar services for out-patients only, with or without share or common spaces and equipment. A common area pharmacy or drug dispensary available to persons other than patients being treated therein or making charges separate from bills for professional services of said practitioners shall not be considered as a MEDICAL CLINIC use.
CLUB. Includes CLUBHOUSE and shall mean a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable or similar purposes, but shall not include an organization or premises the chief activity of which is a service or activity customarily carried on as a business even though it may be chartered and named for purposes herein defining a CLUB.
COMMERCIAL USE. The use of any land or building designed for commercial purposes, which shall include the use of land or buildings used for retail sales and offices.
COMMISSION, PLANNING. The Planning and Zoning Commission of the City of Fort Pierre.
CONDITIONAL USE. A use which is not allowed in the district as a matter of right but which is permitted upon or by finding of the City Planning and Zoning Commission and approval of the City Council that under the particular circumstances present, such use is in harmony with the principal permitted uses of the district. Allowable CONDITIONAL USES are specifically listed under the district regulations. Uses not so listed shall not be allowed as CONDITIONAL USES but may be allowed as a special use.
COUNTRY CLUB. Includes golf courses, par-three golf courses, swimming pools, tennis clubs and neighborhood clubhouses, any and each of which shall be located on a site of not less than one acre and open only to membership subscribing for the use of all facilities for a term of not less than one year and non-paying guests of its members. Sleeping facilities, other than quarters for one caretaker or manager and his or her family, shall be prohibited. Clubs operated exclusively as restaurants, cocktail lounges, card rooms, beer taverns, bowling alleys, pool and billiard parlors and similar activities normally carried on as a business shall be excluded from the definition of a COUNTRY CLUB. Nothing herein shall be construed to limit the method of operation of such facilities enumerated in this definition when owned or operated by a governmental agency.
COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
COVERAGE. The percentage of lot area covered by buildings.
DRIVE-IN or DRIVE-UP. May be used as noun or adjective and shall refer to a business which is designed to serve patrons while they are reposed in vehicles or by means of service windows.
DWELLING. A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, multi-family dwellings and group dwellings; provided, however, that the following are not DWELLINGS:
(a) Hotels, motels, tourist courts, cabins and mobile homes;
(b) In a building that contains one or more dwelling units or lodging rooms in addition to one or more nonresidential uses, the portion of such building that is devoted to such nonresidential uses, except when accessory to the residential uses; or
(c) Used for the institutional care of people, such as hospitals, rest homes, orphanages and homes for the aged.
DWELLING, MOBILE. A vehicle used or so constructed as to permit its being used as a conveyance upon a public street or highway and duly licensable as such, and shall include self-propelled vehicles so designed, constructed, reconstructed or added to, by any means, in such manner as will permit the occupancy thereof as a dwelling or sleeping place of one or more persons and supported by wheels, jacks or similar supports. Transportable dwellings not meeting Building Code requirements for dwellings shall be treated as MOBILE DWELLINGS.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof accommodating three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO-FAMILY. A building containing two dwelling units only.
DWELLING UNIT. One or more habitable rooms which are occupied, or which are intended or designed to be occupied, by one family, with facilities for living, sleeping, cooking and eating.
FAMILY. An individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.
FARM or RANCH. Any parcel of land containing at least ten acres which is used for the production of agricultural products.
FILLING STATION. Any area of land, including structures thereon, designed or used for the retail sale of motor vehicle fuel.
FLAMMABLE LIQUIDS. Any liquid having a flash point below 200°F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100°F. FLAMMABLE LIQUIDS shall be divided into three classes, as follows:
(a) CLASS 1A, which shall include those having flash points below 73°F and a boiling point below 100°F;
(b) CLASS 1B, which shall include those having flash points below 73°F and having a boiling point at or above 100°F; and
(c) CLASS 1C, which shall include those having flash points at or above 73°F.
FLOOR AREA. The area included within the surrounding exterior walls of a building, or portion thereof, exclusive of vent shafts and courts. The FLOOR AREA of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
GARAGE. A building, or portion thereof, in which a self-propelled vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank may be stored, repaired or kept.
GARAGE, PRIVATE. A building, or portion of a building, designed or used for the storage of personal motor vehicles and other customary household articles which are owned and used by the occupants of the building to which it is accessory.
GAS DISPENSING STATION. Any building or premises which provides for the retail sale of gasoline or oil.
GOLF COURSE. Standard-sized layouts of nine or more holes and par-three golf courses, and shall not include miniature golf courses and pitch and putt courses or driving ranges.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or other public way, the GRADE shall be the elevation of the sidewalk, alley or public way.
GROUND COVERAGE. The area of a zoning lot occupied by all buildings expressed as a percentage of the gross area of the zoning lot.
HOME OCCUPATION—GENERAL. A business occupation or profession which is clearly secondary to the home’s use and is carried on within a residential dwelling by the resident thereof; and which shall have the following characteristics:
(a) There shall be no external evidence of the OCCUPATION, with the exception of one unlighted name plate of not more than one square foot in area attached flat against the building. Advertising displays and advertising devices displayed through a window of the building shall not be permitted;
(b) There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration and electrical or electronic disturbance detectable at the zoning lot line;
(c) Not more than one other person, in addition to members of the family residing on the premises, shall be engaged in such OCCUPATION;
(d) There shall not be a stock of goods on the premises in excess of 30 cubic feet in volume, none of which shall be of a flammable nature;
(e) Said HOME OCCUPATION shall not create a nuisance through higher traffic or noise;
(f) The above-listed characteristics of a HOME OCCUPATION shall not be construed to restrict the sale of garden produce grown on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for the display of produce grown on the premises;
(g) Said OCCUPATION may include the caring for not more than 12 children at one time for hire;
(h) Room or board for hire, but not for more than two persons. Any business, occupation or profession the operation of which does not meet the aforesaid characteristics shall not be interpreted to be a HOME OPERATION despite the fact that it may attempt to operate in a residential building; and
(i) The conducting of a barber and/or beauty shop, a clinic, a commercial stable, a commercial kennel, a tourist home, a restaurant or tea room, a convalescent home, a mortuary establishment or any similar use shall not be deemed to be a HOME OCCUPATION.
HOSPITAL. An institution in which sick or injured persons are given medical or surgical care.
HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
JUNK OR SALVAGE YARD. A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures or other used materials are bought, sold, exchanged, stored, baled or cleaned, and places or yards for the storage of salvaged metal, materials and equipment, but not including pawn shops and establishments for the sale, purchase or storage of used cars or trucks in operable condition, boats or trailers in operable condition, salvaged machinery in operable condition and used furniture and household equipment in useable condition, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.
LICENSEE. Any person, firm, trust, partnership or corporation licensed to operate and maintain a mobile home park.
LOT. A zoning lot, unless the context shall clearly indicate a lot of record, in which case, a LOT is a lot of record.
LOT, CORNER. A zoning lot situated at the intersection of two streets or bounded on two or more adjacent sides by street right-of-way lines or, in the case of curved right-of-way lines, when the extension of tangents at the side lot lines yields an internal angle which does not exceed 135 degrees.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, INTERIOR. A zoning lot other than a corner lot.
LOT LINE. A boundary of a zoning lot. LOT LINE is synonymous with PROPERTY LINE.
LOT OF RECORD. Land designated as a separate and distinct parcel in a subdivision the plat of which has been properly recorded by the County Register of Deeds, or a parcel of land the deed to which was recorded in the office of said Register of Deeds prior to the initial adoption of this chapter.
LOT WIDTH. The distance between side lot lines measured at the rear of the required front yard on a line parallel with a line tangent to the street right-of-way line.
MANUFACTURING/PROCESSING, LIGHT. Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat or glare. These commercial or industrial uses are characterized by generally having all aspects of the process carried on within the building itself.
MINOR REPAIR—AUTOMOBILE. The replacement of minor assemblies or parts and the tune-up of automobiles or of trucks of less than 15,000 pounds gross license weight, but not including body and fender work, painting, engine overhaul or similar types of work.
MOBILE HOME PARK, TRAILER PARK or MANUFACTURED HOME PARK. A tract of land that is used, designed, maintained or held out for rent to accommodate two or more mobile homes. Mobile homes located in a MOBILE HOME PARK are used only to provide living and sleeping accommodations; a MOBILE HOME PARK does not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale. The term MOBILE HOME shall include MOBILE DWELLING.
MOBILE HOME, TRAILER HOUSE or MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use, with or without a permanent foundation, when attached to the required utilities. The terms MOBILE HOME, TRAILER HOUSE or MANUFACTURED HOME do not include a recreational vehicle or mobile dwelling.
MOTEL. A group of attached or detached living units with individual toilet facilities operated for transient guests with parking facilities conveniently located nearby.
NATURAL PRODUCTION USE. A production use which shall be directly dependent upon the natural resources of the area, such as gravel pits, rock quarries and areas containing natural gas.
NONCONFORMING BUILDING. A building or structure, or portion thereof, lawfully existing immediately prior to the time this chapter, or an amendment thereto, becomes effective which does not presently meet the area, height, yard, parking, loading or other requirements of this chapter or any amendment thereto.
NONCONFORMING USES. A use which lawfully occupies a building or land immediately prior to the time this chapter, or an amendment thereto, becomes effective but does not presently meet the requirements of this chapter or any amendment thereto.
OCCUPANCY. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of OCCUPANCY is not intended to include change of tenants or proprietors.
OPEN SPACE. All area, including off-street parking spaces, not covered by buildings or structures.
OVERLAY DISTRICT. A district that is superimposed over one or more base zoning districts which creates specific allowances and permissions to the otherwise-applicable zoning regulations for the base zoning district or districts. Upon the establishment of an OVERLAY DISTRICT, development within the area shall conform to all base zoning regulations applicable to the area and shall also be permitted, but not required, to enjoy the articulated uses of the OVERLAY DISTRICT.
PARKING SPACE, OFF-STREET. An off-the-public-right-of-way space available for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of driveways, and having direct access to a street or alley.
PERSONAL HEALTH SERVICE. Establishments primarily engaged in providing health services, including, but not limited to, medical, dental, chiropractic, ophthalmology, optometry and audiology.
PERSONAL SERVICE STORE. Establishments engaged in providing services involving the care of a person or their apparel, including, but not limited to, laundry or dry cleaning, garment services, coin-operated laundries, photographic and art studios, beauty shops, barber shops, shoe repair, reducing salons, health clubs, clothing rental, tailors and dressmakers.
PRINCIPAL PERMITTED USE. That use of a zoning lot which is among the uses allowed as a matter of right as the exclusive use of a lot under the zoning classification.
PROFESSION. An occupation or calling requiring the practice of an art or science through specialized knowledge based on a degree issued by an institution of higher learning.
PUBLIC UTILITY FACILITY. Telephone, electric and cable television lines, poles and equipment, water, gas and sewer pipes and valves, lift stations, telephone exchanges and repeaters and all other facilities and equipment necessary for conducting a service by a government, public utility or cable television franchisee.
REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
RESIDENTIAL USE. Use of land or buildings designed for residential purposes, which shall include such land or building used for one- or two-family residences, apartment houses and multiple- family dwellings.
RETAIL STORE. Establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption and establishments engaged in providing services or entertainment to the general public, including eating and drinking establishments, repair shops, indoor amusements, copying services, health, professional, personal, educational and social services and other miscellaneous services.
ROOMING HOUSE or LODGING HOUSE. Any building, or portion thereof, containing not more than five guest rooms which are used by not more than five guests, where rent is paid in money, goods, labor or otherwise. A LODGING HOUSE shall comply with all the requirements of this chapter for dwellings.
SETBACK. The minimum horizontal distance between the property line and a building.
SIGN. Any device which directs attention to a business, commodity, service or entertainment, but not including any flag, badge or insignia, or any government agency or civic, charitable, religious, patriotic or similar organizations.
SPECIAL USE. A use that is not a principal permitted use, accessory use or conditional use, but may be permitted by the Board of Adjustment and Appeals subject to appeal to the City Council.
STABLE, PRIVATE. An accessory building in which all of the animals housed are the property of the owner or lessee or of his or her immediate family.
STABLE, PUBLIC. A building in which any animals are kept for remuneration, hire or sale.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar or unused underfloor space shall be considered as a STORY.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the finished floor of such story.
STREET. Any thoroughfare of public space not less than 30 feet in width which has been dedicated or deeded to the public for public use. STREET includes public thoroughfares dedicated to public use prior to the adoption of this chapter. Newly constructed STREETS must conform to construction standards of the city.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams or girders. Vehicles duly licensed for operation upon public streets or highways shall not be considered structures.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
USE. The purpose or purposes for which land or a building is designed, arranged or intended, or to which said land or building is occupied, maintained or leased.
USE, ACCESSORY. A use customarily incidental to a principal permitted use or building and located on the same zoning lot with such principal use or building.
USE, SPECIFICALLY EXCLUDED. A use of land or a structure which is excluded from a district by the operation of other regulations of the district and which is specifically enumerated as excluded for purposes of clarity of intent and ease of reference.
VARIANCE. A relaxation of the terms of an ordinance where such variance will not be contrary to the public interests and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area and size of structures or size of yards and open spaces; the establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a VARIANCE be granted because of the presence of nonconformities in the zoning district. This is not to be confused with a special use.
YARD. An open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the lot on which a building is situated.
YARD, FRONT. An open space extending the full width of the zoning lot between the main building and the front line, unoccupied and unobstructed by buildings or structures in excess of 30 inches in height, except as provided herein, the depth of which shall be measured as the least distance between the front lot line and the front of such main building.
YARD, REAR. An open space extending the full width of the zoning lot between the main building and the rear lot line, unoccupied and unobstructed by buildings or structures in excess of 30 inches in height, except as provided herein, the depth of which shall be measured as the least distance between the rear lot line and the rear of such main building.
YARD, SIDE. An open space extending from the front yard to the rear yard between the main building and the side lot line, unoccupied and unobstructed by buildings or structures in excess or 30 inches in height, except as provided herein, the depth of which shall be measured as the least distance between the side lot line and the side of such main building.
ZONING LOT. A single tract of land located within a single block which, at the time of filing for a building permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed or built upon as a unit, under single or unified ownership or control and assigned to the particular use, building or structure for which the building permit or certificate of occupancy are issued, and including such area of land as may be required by the provisions of this chapter for such use, building or structure. The said described tract of land must be recordable in the office of the County Register of Deeds.
(Prior Code, § Q-1-102) (Ord. 976, passed - -)
§ 159.003 ADOPTION OF OFFICIAL ZONING MAP; CITY ENGINEER TO MAINTAIN.
The location, size, shape and boundaries of the zones to which the provisions of the text of this chapter are applicable shall be indicated on the official zoning map in the City Engineer’s office and by descriptions incorporated herein and by this reference made a part hereof, and by said map, after being adopted by reference as a part of this chapter, and so certified by the City Finance Officer or his or her designee, together with the text, shall be maintained by the City Engineer or his or her designee, and said map shall be the official zoning map for the purpose of enforcement of this chapter. In cases of doubt or dispute, the description of said zones shall govern.
(Prior Code, § Q-1-103) (Ord. 867, passed - -; Ord. 967, passed - -; Ord. 976, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 9-12-13 and 11-4-2
§ 159.004 BASE ZONING DISTRICTS AND OVERLAY DISTRICTS.
(A) Base zoning districts. For the purposes of zoning, there are hereby created the following base zoning districts by which the jurisdictional area shall be divided.
1-FAM A | One-Family Residential District A |
1-FAM B | One-Family Residential District B |
1-FAM C | One-Family Residential District C |
1-FAM D | One-Family Residential District D |
2-FAM | Two-Family Residential District |
AG | Agricultural District |
GEN-COM | General Commercial District |
HWY-COM | Highway Commercial District |
IND | Industrial District |
MUL-FAM | Multi-Family District |
PARK | Park and Riverfront District |
PDD | Planned Development District |
RES-EST | Residential Estate |
SALE | Sale Barn District |
TOWNHOUSE | Townhouse Residential District |
(B) Overlay districts. The following are designated as zoning overlay districts, permitting, but not requiring, certain regulations and standards allowed by properties that fall within the boundaries delineated by the overlay district. The creation and/or modification of overlay districts are treated in the same manner as zoning changes and shall follow the same process and notification requirements as listed in § 159.007 of this chapter. In the event of doubt, dispute or confusion between the base and overlay districts, the description of the overlay district shall govern.
(Prior Code, § Q-1-103) (Ord. 867, passed - -; Ord. 967, passed - -; Ord. 976, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 9-12-13 and 11-4-2
§ 159.005 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules apply.
(A) Boundaries indicated as approximately following the center lines of streets, highways or alleys will be construed to follow such center lines.
(B) Boundaries indicated as approximately following platted lot lines will be construed as following such lot lines.
(C) Boundaries indicated as approximately following city limits shall be construed as following such city limits.
(D) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(E) Boundaries indicated as following shore lines are construed to follow such shore lines, and in the event of change in the shore line, will be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water are construed to follow such center lines.
(F) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above are so construed. Distances not specifically indicated on the official zoning map will be determined by the scale of the map.
(Prior Code, § Q-1-104)
§ 159.006 CLASSIFICATION, REVIEW AND ZONING OF ANNEXED LAND.
Any land subsequently annexed to the city shall, upon such annexation, automatically be placed in the same zoning district as it was in and remain so zoned until an amendment to this chapter shall place such annexed land in a different zone or zones. The Planning and Zoning Commission shall review the zoning classification of any annexed land and shall report thereon to the City Council, giving its recommendations as to the proper classification. Said report shall be submitted within six months of the effective date of the annexation.
(Prior Code, § Q-1-105)
§ 159.007 AMENDING, CHANGING, MODIFYING OR REPEALING ZONING ORDINANCES OR MAP.
The City Council may from time to time amend, change, modify or repeal any portion of the zoning ordinance. Any amendment, modification or repeal shall be proposed in an ordinance presented to the City Council for adoption. The ordinance shall be adopted as other ordinances, except that the City Finance Officer or his or her designee shall publish, ten days prior to the date of the adoption of the ordinance, a notice of time and place when and where all interested parties shall be given a full, fair and complete hearing. Every proposed amendment or change shall be referred to the City Planning and Zoning Commission for a report thereon. In the event a property is being rezoned, a copy of said notice shall be mailed first-class to all property owners adjacent to the property being rezoned. The referendum and right of protest may be invoked against such ordinance in like manner as prescribed in SDCL § 11-4-5.
(Prior Code, § Q-1-114) (Ord. 912, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 11-4-4, 11-4-5 and 11-4-8
§ 159.008 ESTABLISHMENT, DESIGNATION AND REQUIREMENTS OF ZONING LOTS.
In order to facilitate the enforcement of this chapter, the device of zoning lots, as defined herein, shall be used. A parcel of land shall be designated and suitably recorded by the City Inspector as forming the site of each new building, structure or use of land, or the site of any building, structure or use of land designated for any alteration or modification, requiring a building permit or certificate of occupancy. Said parcel shall conform in dimensions and area to the provisions of this chapter. A zoning lot may or may not coincide with platted lot lines. Each zoning lot shall be at least 25 feet in width and shall front on a public street, or shall have an exclusive, unobstructed, permanent access to such a public street by an unobstructed easement of not less than 16 feet in width, and not to exceed 150 feet in length.
(Prior Code, § Q-1-106)
§ 159.009 BUILDINGS, STRUCTURES AND LAND CONFORMING TO REQUIREMENTS.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved or structurally altered, unless in conformity with all of the regulations herein specified for the district in which it is located.
(Prior Code, § Q-1-107) Penalty, see § 159.999
§ 159.010 OPEN SPACE, OTHER AREAS CONFORMING TO REQUIREMENTS.
(A) No open space surrounding any building shall be encroached or reduced in any manner, except in conformity with the yard, lot area and building location regulations herein designated for the district in which such building or open space is located. No yard, off-street parking space, off-street loading space or other space surrounding any building for the purpose of complying with the provisions of this chapter, except as otherwise specified herein, shall be considered as providing a yard or open space for any other building, and no yard or other open space on one platted lot shall be considered as the required open space on another platted lot unless the other platted lot is in the same ownership and is declared as a single zoning lot in applying for a building permit, and provided no land so considered has previously been considered as part of a required building site or zoning lot in the application for a building permit for an existing building. The required yard or open space for any use, building or structure shall be contained in the same zone as required for the principal use, its buildings or accessory buildings.
(B) No lot, yard, off-street loading space, off-street parking space or other open space required for an existing building by the regulations contained herein shall be hereafter reduced in dimension or area below the minimum requirements set forth herein for said building or structure, except to provide for the extension, establishment or widening of a public street or highway.
(Prior Code, § Q-1-108) Penalty, see § 159.999
§ 159.011 BUILDING PERMIT REQUIRED; APPLICATION.
(A) There shall be no building or structure erected, added to or structurally altered, demolished or moved unless there has been a permit issued by the Director of Public Works or his or her designee. Except upon a written request from the Board of Adjustment and Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration, or use thereof, will not conform to the regulations of this chapter.
(B) With all applications for building permits, there shall be submitted a copy of a layout or plot plan, drawn to scale, showing the actual dimensions of the zoning lot to be built upon, the exact size and location on the zoning lot of the building, the accessory buildings to be erected, elevation information and any other information necessary to determine and provide for the enforcement of this zoning ordinance. Each application shall be accompanied by a payment fee as provided in § 110.25 of this code. The City Inspector or his or her designee shall issue the building permit only after determining that the building plans, together with the application, comply with the terms of this chapter. A record of these applications and plot plans shall be kept in the office of the Public Works Director. Issuance of a building permit does not constitute any guaranty of suitability of location, buildability of the ground or other fitness for the use authorized.
(Prior Code, § Q-1-113) (Ord. 912, passed - -) Penalty, see § 159.999
Statutory reference:
Related provisions, see SDCL § 11-4-3
§ 159.012 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The City Council shall establish a schedule of fees, charges and expenses, and a collection procedure, for building permits, certificates of zoning compliance, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the administrative officials and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal in compliance with Ch. 110 of this code.
(Prior Code, § Q-11-105)
Statutory reference:
Related provisions, see SDCL § 11-4-3
§ 159.013 CONFLICTS WITH OTHER RIGHTS.
(A) It is not the intention of this chapter to defeat the purposes of any contract, deed restriction or protective covenant when such instrument is inconsistent with this chapter or contains more restrictive requirements. In the event this chapter conflicts with other provisions of this code, ordinances, rules and regulations adopted pursuant to city, state or federal law, then the more strict provisions shall apply.
(B) Areas which are included within the boundaries of an urban renewal plan or other area plan which has been officially adopted and approved by the City Council, and a contract with the federal or other government consummated as a consequence thereof, shall not be the subject of any zoning change which will defeat the purposes of such contract.
(Prior Code, § Q-1-109)
§ 159.014 CONFLICTS WITH OTHER LAWS.
In interpreting or applying the provisions of this chapter, the minimum requirements adopted for the promotion of the public health, morals, safety, convenience, comfort and general welfare shall be strictly conformed to. Wherever the requirements of this chapter are in conflict with the requirements of any other local statute, ordinance or regulation, the most restrictive, or that imposing the higher standards, shall govern.
(Prior Code, § Q-1-110)
§ 159.015 CERTAIN USES PROHIBITED.
Any use that is not specifically permitted in a district as a principal use, an accessory use, a special use or a conditional use is hereby specifically prohibited. In the regulations for some zones, specific excluded uses are enumerated for clarification of intent, but such lists of excluded uses are intended to be exceptions and are not to be interpreted as including all excluded uses.
(Prior Code, § Q-1-111) Penalty, see § 159.999
§ 159.016 LOT VACATION REQUIREMENTS.
When a residence, building or other structure capable of receiving utility services has been removed or demolished, the following minimum requirements for reclamation shall be met.
(A) The property owner shall be responsible for the termination of all utility services to the property, including, but not limited to, water, sewer, electric, cable, phone and gas, at the property boundary or, where deemed appropriate by the Director of Public Works, at a more distant utility distribution point. The termination of utility services shall be performed in accordance with the requirements of the utility provider.
(B) The property owner shall be responsible for notifying the utility provider and the city of the locations of the termination points for any utility services.
(C) No personal property, garbage or debris, including concrete, wood, pipe, wire or cable, may be placed or remain on the property as fill.
(D) All costs for capping or terminating utility services, including any fee owed to the utility provider, shall be the responsibility of the lot owner.
(E) The property owner shall be responsible for controlling noxious weeds and providing proper drainage on the property.
(Prior Code, § Q-1-701) Penalty, see § 159.999
§ 159.017 LOT STABILITY REQUIREMENTS.
When soil stability on any building lot is suspect of being inadequate, the city may require the builder or owner to obtain professional services for construction documents at the sole cost of the builder or owner.
(Prior Code, § Q-1-702) (Ord. 963, passed - -)
§ 159.018 DRAINAGE STUDY AND POLICY.
There is hereby adopted a certain policy known as the “Fort Pierre Drainage Study and Policy,” on file in the Public Works Director’s office. Additional deletions, modifications and amendments may be made from time to time by the City Council and shall be effective upon their adoption and filing with the Public Works Director. The Public Works Director shall keep and maintain a master copy of the above study, including all future deletions, modifications and amendments which may be adopted by the City Council, and the same shall be available and subject to public inspection at all times during regular office hours of the City Finance Office.
(Prior Code, § Q-11-108)
Statutory reference:
Related provisions, see SDCL §§ 9-12-1(2) and 11-6-2