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Fort Pierre City Zoning Code

INDUSTRIAL DISTRICT

§ 159.375 STATEMENT OF PURPOSE.

   This district provides for a wide range of industrial, manufacturing, warehousing or storage uses, all of which shall be able to meet comparatively rigid specifications as to nuisance-free performance.
(Prior Code, § Q-7-102)

§ 159.376 LEGAL BOUNDARY DESCRIPTIONS.

   Industrial District Legal Boundary Descriptions
   Industrial District Legal Boundary Descriptions
1.   Lots 1—10, with a portion of Lot 11, Lots 15—28, Block 44, 48, 49, 59, Original Townsite
2.   Elevator Subdivision
3.   Lots A, 2A, 2B, 2C and 3 of Maher Subdivision
4.   Lots 1—9 and 11—16 of O’Day Second Subdivision
5.   Lots 3—18 of Thomas First Subdivision, Section 28
6.   Easterly 300 feet of the W 1/2 SE 1/4 Section 17; easterly 300 feet of the W 1/4 NE 1/4 Section 17
7.   Volmer Outlot No. 1 of Government Lot 1, SE 1/4 Section 20 and SW 1/4 Section 21
8.   Lots A, M, and G in SW 1/4 and Lots 9J—13J, Spencer’s Outlots in Government Lot 4, all in Section 21-T5N-R31E
9.   O’Day’s Outlot, Rankin Tract A, Lot 1-A, Ranking Outlot 2, Lots T3-T15, Turman Tract, all in NW 1/4 Section 28
10.   Rankin Outlot 3, SW 1/4 Section 28
11.   Haisch Outlot 1, SW 1/4 Section 28
12.   Spencer’s Outlots 9—30 and Lot T1 in NW 1/4 north of U.S. Highway 14/34, Sections 20, 21 and 28
13.   Lots 1—9 of Foothills Subdivision, a subdivision of a portion of Lot R-2, a portion of SW 1/4 NW 1/4 and R-3, a portion in SE 1/4 NW 1/4, Section 28-T5N-R31E
14.   Lot G, being a subdivision of Government Lot 4, Section 21-T5N-R31E
15.   Spencer’s Outlot No. 1, being a tract of land lying in S 1/2 SE 1/4 Section 20, and in the N 1/2 NE 1/4 Section 29, all in T5N, R31E
16.   Lots 2—46 of Spencer’s Outlots, in NW 1/4 of Section 28-T5N-R31E
17.   Lots 1A—24A and 27A—37A of Spencer’s Outlots, being SE 1/4 SE 1/4 Section 20-T5N-R31E
18.   Lots 1 and 2 of Jones Subdivision of Lot A of Government Lot 6 in NW 1/4 NE 1/4 Section 28-T5N-R31E
19.   Lot 3, Latham Ranch Addition
20.   Westerly 470 feet of Lot 4, Latham Ranch Addition
 
(Prior Code, § Q-7-101) (Ord. 875, passed - -; Ord. 905, passed - -; Ord. 927, passed - -; Ord. 1002, passed - -)
Statutory reference:
   Related provisions, see SDCL §§ 11-4-2 and 11-4-8

§ 159.377 PRINCIPAL PERMITTED USES.

   (A)   Assembly and packaging;
   (B)   Automobile, heavy truck and equipment sales;
   (C)   Auto and truck rentals;
   (D)   Building material sales;
   (E)   Concrete ready-mix plants;
   (F)   Contractor shops, storage and equipment yards;
   (G)   Dairy products;
   (H)   Freight and handling;
   (I)   Grain elevators, grain and mill products;
   (J)   Machine shops, metal processing and fabrication;
   (K)   Manufacturing;
   (L)   Motor vehicle repair shops;
   (M)   Parking facilities or lots;
   (N)   Petroleum bulk plants;
   (O)   Printing or publishing;
   (P)   Processing, light;
   (Q)   Public utility facilities;
   (R)   Railroad through and spur tracks, sidings and other terminal-type facilities;
   (S)   Recycling facilities;
   (T)   Salvage yards;
   (U)   Storage and warehousing;
   (V)   Truck stops;
   (W)   Veterinary;
   (X)   Wholesale trade; and
   (Y)   Any industrial use which can meet the performance standards set forth for this district but is not specifically excluded or specifically mentioned as belonging in another less restrictive district.
(Prior Code, § Q-7-103)

§ 159.378 CERTAIN USES DECLARED INCOMPATIBLE AND EXCLUDED.

   The following uses are hereby declared incompatible with the purpose of the Industrial District and are hereby expressly excluded:
   (A)   All dwellings;
   (B)   Drive-in theaters;
   (C)   Feed yards;
   (D)   Mobile home parks;
   (E)   Hospitals, clinics, rest homes and other institutions for the housing or care of human beings;
   (F)   Public, parochial and private schools and colleges, except trade schools; and
   (G)   Any use which is not enumerated as permitted in this district but is specifically provided for in another district or districts.
(Prior Code, § Q-7-104)

§ 159.379 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-7-105)
Editor’s note:
   As an additional reference, see Ord. 1053, passed - -.

§ 159.380 CONDITIONAL USES.

   (A)   Offices;
   (B)   Retail or service stores;
   (C)   Temporary recreational uses; and
   (D)   Cannabis dispensaries (subject to Chapter 160).
(Prior Code, § Q-7-106) (Ord. 1053, passed - -)

§ 159.381 PERFORMANCE STANDARDS.

   (A)   Physical appearance.
      (1)   All operations shall be carried on within an enclosed building, except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from the street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the open storage of vehicles, boats, farm machinery, trailers, mobile homes or similar equipment when in operable condition.
      (2)   Contractors’ storage yards, equipment storage yards, junk, salvage, auto wrecking and similar operations shall be screened from view from streets and from adjacent properties and other zoning districts by means of a sight-obscuring fence, not to exceed a height of 80 inches, approved by the City Inspector or his or her designee. The fence shall be maintained in good repair. The fence shall be constructed within a period of 90 days after notification by the City Building Inspector or his or her designee after the date of passage of this chapter.
      (3)   Temporary recreational uses approved as a conditional use shall not involve any appreciable amount of fixed construction and shall not interfere with the efficient functioning of the district for its primary purpose of providing for industrial uses.
   (B)   Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the standards of the National Board of Fire Underwriters, National Fire Protection Association, OSHA and any additional regulations of the city.
   (C)   Noise. All noise and noise-causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area zoned residential. Major street noise, for comparison purposes, shall be measured on the primary state highway nearest the industry.
   (D)   Sewage and liquid waste. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. Any liquid wastes that create heavy loading on the city sanitary system will be subject to treatment by the owner, according to reasonable industrial standards, before being discharged into the city sewer system or by other agreement with the City Council.
   (E)   Air contaminants.
      (1)   Air contaminants and smoke shall be less dark than designated Number Two on the Ringleman Chart, as published by the United States Bureau of Mines, except that smoke of a density designated as Number Two shall be permitted for one period of four minutes in each one-half hour. Light-colored contaminants of such opacity as to obscure an observer’s view to a degree equal to or greater than the aforesaid shall not be permitted.
      (2)   Particulate matter of dust, as measured at the point of emission by any generally accepted method, shall not be emitted in excess of two-tenths grains per cubic foot, as corrected to a temperature of 500°F.
      (3)   Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged, from any source whatsoever, such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general, or to endanger the comfort, repose, health or safety of any such considerable number of persons, or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.
   (F)   Odor. Odor-causing operations shall be controlled so as to reduce the escape of odors to the minimum practical within the limits of technology and economics.
   (G)   Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million and nitrous fumes shall not exceed five parts per million. Measurements shall be taken at the zoning lot line.
   (H)   Vibration. All machines, including punch presses and stamping machines, shall be so mounted as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby zoning lots.
(Prior Code, § Q-7-107) Penalty, see § 159.999

§ 159.382 SPACE LIMITATIONS.

   (A)   Building height limit. No building shall exceed 75 feet in height;
   (B)   Required lot area. No required lot area;
   (C)   Percentage of lot coverage. Entire lot may be covered, except as herein otherwise specified; and
   (D)   Yard required. Each lot shall have front, side and rear yards of not less than the depths or widths following:
      (1)   Front yard depth: 30 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 30 feet unless approved by the Board of Adjustment and Appeals.
(Prior Code, § Q-7-108) Penalty, see § 159.999

§ 159.383 REQUIREMENTS FOR SELECTED USES.

   (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)   Pumps, lubricating or other devices shall be at least 20 feet from any street.
      (2)   All gasoline, liquefied petroleum gas, fuel, oil or similar substances that are for resale shall be stored according to state standards.
(Prior Code, § Q-7-109) Penalty, see § 159.999