Fort Pierre City Zoning Code
HIGHWAY COMMERCIAL
DISTRICT
§ 159.355 STATEMENT OF PURPOSE.
To provide commercial areas for a wide variety of retail and service establishments which can function most satisfactorily in an area directly related to a highway due to the nature of the merchandise handled, the display space required, the method of transport required and primary dependence on vehicular access.
(Prior Code, § Q-6-202)
§ 159.356 LEGAL BOUNDARY DESCRIPTIONS.
Highway Commercial District Legal Boundary Descriptions |
1. Lots 1—9 and 55—83, Block 1; Block 2; Lots 3—46, Block 3; Lots 10—20, Block 14; Lots 1—5 and 32—36, Block 16; Lots 8—20, Block 17; Lots 10—19, Block 28; Lots 16—38, Block 29; Lots 1—15, Block 30; Lots 1—15, Block 31; Block 32; Lots 11—19, Block 33; a portion of Lot 11 and all of Lots 12—14 and the south half of the adjacent vacated alley, Block 44; Block 45; Lots 1—15, Block 46; Lots 1—15, Block 47; Lots 1—15, Block 60; Lots 1—15, Block 61; Original Townsite |
2. Lots 1 and 2, Jones Subdivision; Kruse Addition; Lots 1A, 1B, 2A, 2, 4, 5A, 5B, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18A, 18B and 19, Yellowstone Landing Subdivision; Lots 1—12, west half of Lot 15—25, Block 7, Outlot T4 and Outlot 1, Thomas Acres; Lots 1—5, VIB Subdivision; Lots N.C.-1, N.C.-2, N.C.–3, N.C.-4, N.C.-5, N.C -6A, N.C.–6B; S.C.-1, S.C.-2, S.C.-3, S.C.-5, Young’s Outlot No. 1; Spencer’s Outlot between Waldron and Skerrol’s Street, north side of U.S. Highway 14/34; Lots A.S. 2, C.S. 1-C.S. 4 in the NE 1/4 Section 28; Spencer’s Outlots 1A—30A, south of U.S. Highway 14/34; Lots T-1 and T-2, Spencer’s Outlot; Spencer’s Outlot No. 1; Reconciliation Place Addition; Lot A-1 of Lot A, Young’s Outlot No. 1 in SE 1/4 of Section 20-T5N-R31E (west of Prairie Villa Court); Lot 4, Latham Ranch Addition, except the westerly 470 feet; Spencer’s Outlots 49—51; Lots 1A—1E, OVC Addition; Lot 2 of Marion’s Woodland Subdivision |
3. Lots 14—23, Block 25; Lots 14—23 and 24—33, Block 26; Lots 1—23, Block 36; Block 35; Lots 1—13, Block 37; Lots 1—26, Block 38, Stanley Townsite |
4. Lots 1—15, Lookout Ridge Commercial Development, Phase 1, located in the north 751.2 feet of SW 1/4 NE 1/4 Section 20, Township 5 North, Range 31 East |
(Prior Code, § Q-6-201) (Ord. 875, passed - -; Ord. 887, passed - -; Ord. 902, passed - -; Ord. 926, passed - -; Ord. 945, passed - -; Ord. 964, passed - -; Ord. 984, passed - -; Ord. 1001, passed - -; Ord. 1002, passed - -; Ord. 1010, passed - -; Ord. 1014, passed - -; Ord. 1019, passed - -; Ord. 1031, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 11-4-2 and 11-4-8
§ 159.357 PRINCIPAL PERMITTED USES.
The following principal uses and structures shall be permitted in the Highway Commercial District:
(A) Car washes;
(B) Drive-in food services;
(C) Educational facilities;
(D) Financial institutions;
(E) Gas dispensing stations;
(F) Groceries;
(G) Hotels and motels;
(H) Indoor or outdoor recreation facilities;
(I) Offices;
(J) Parking facilities or lots;
(K) Personal and health service stores;
(L) Public transportation facilities;
(M) Public utility facilities;
(N) Railroad through and spur tracks;
(O) Retail or service stores;
(P) Other light retail and service establishments approved by the City Planning and Zoning Commission, except those uses enumerated in another district;
(Q) Day care facilities and centers; and
(R) Cannabis dispensaries (subject to Chapter 160).
(Prior Code, § Q-6-203) (Ord. 952, passed - -; Ord. 961, passed - -; Ord. 1032, passed - -; Ord. 1036, passed - -; Ord. 1053, passed - -)
§ 159.358 CERTAIN USES DECLARED INCOMPATIBLE AND EXCLUDED.
The following uses are hereby declared incompatible with the purposes of the Highway Commercial District and are hereby expressly excluded:
(A) Drive-in theaters;
(B) Petroleum bulk storage plants; and
(C) Warehouses.
(Prior Code, § Q-6-204)
§ 159.359 ACCESSORY USES.
(A) Accessory buildings and uses customarily incidental to any of the permitted uses in the district, and provided that such use shall conform to all performance standards set forth for this district:
(B) Cannabis cultivation facilities (accessory to a cannabis dispensary only); and
(C) Cannabis product manufacturing facilities (accessory to a cannabis dispensary only).
(Prior Code, § Q-6-205) (Ord. 884, passed - -; Ord. 1053, passed - -)
§ 159.360 CONDITIONAL USES.
(A) Automobile and truck sales, service and storage;
(B) Building material sales;
(C) Feed and seed stores;
(D) Implement sales and services;
(E) Assembly and packaging;
(F) Drop-off, buyback or transfer sites for recyclables;
(G) Contractor shops and storage yards;
(H) Frozen food lockers;
(I) Freight handling;
(J) Kennels;
(K) Light manufacturing or processing;
(L) Mixed business/residential uses;
(M) Animal grooming salons;
(N) Mini storage facilities; and
(O) Vacation homes.
(Prior Code, § Q-6-206) (Ord. 809, passed - -; Ord. 865, passed - -; Ord. 884, passed - -; Ord. 961, passed - -; Ord. 1032, passed - -; Ord. 1036, passed - -)
§ 159.361 SPACE LIMITATIONS.
(A) Building height limit. No building shall exceed 75 feet.
(B) Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 80% of the area of the lot.
(C) Yards required. Each lot shall have front, side and rear yards of not less than the depths or widths following:
(1) Front yard depth: 25 feet;
(2) Rear yard depth: None required, but has to comply with loading zone requirements; and
(3) Side yard width: None required, except on corner lots, on which the side setback shall be not less than 25 feet unless approved by the Board of Adjustment and Appeals.
(Prior Code, § Q-6-207) Penalty, see § 159.999
§ 159.362 PERFORMANCE STANDARDS.
(A) Off-street parking and loading shall be provided for all uses established in this district unless otherwise specified herein.
(B) Automobile repair shops and filling stations shall be subject to the following provisions.
(1) No repair work is performed out-of-doors.
(2) Pumps, lubricating or other devices shall be at least 20 feet from any street line.
(3) All gasoline, liquefied petroleum gas, fuel, oil or similar substances that are for resale shall meet state standards.
(4) All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
(C) Mixed/residential uses granted a conditional use permit shall not include the construction of a business building in the yard of a residence, or within an existing residence, or the construction of a residence within the yard of a business.
(D) Conditional uses shall be in conformity with their respective districts.
(E) Broadcast transmissions and receiving towers are limited to 35 feet high.
(F) Service or access roads may be required at the discretion of the City Planning and Zoning Commission. Property required to create service or access roads will be provided by the property owner or developer. Service or access roads will be developed to normal city street standards. Service or access that will carry truck traffic will be developed to carry such traffic without pavement or sub-base breakup. Development plans for service or access roads will be approved by the City Planning and Zoning Commission.
(Prior Code, § Q-6-208) Penalty, see § 159.999