Permitted uses shall be as follows:

(1)

Any use permitted in Section 23.16.002 of this code and as regulated therein except as amended in this chapter;

(2)

Two family dwellings;

(3)

One family townhouses subject to the following:

(a)

A "townhouse" is a single family building which may have one or two stories,

(b)

The structure containing a townhouse shall have three or more dwelling units,

(c)

Townhouses shall be separated from one another by a party wall except for the terminal walls of the structure,

(d)

The structure containing townhouses shall conform to all yard regulations,

(e)

The structure for purposes of applying Section 23.10.002(1) of this code shall be the principal building,

(f)

A fire wall shall be required to separate each two dwelling units connected by a common wall, from all other units,

(g)

All driveways and parking areas which accommodate three or more cars shall be surfaced with a permanent hard surfaced material,

(h)

Each townhouse unit shall be at least twenty feet in width,

(i)

Each townhouse unit shall have a front and rear yard conforming to the setback requirements. End units shall have front, rear and side yards as required by this chapter,

(j)

If townhouse units are rented or sold, the single family dwelling tenant or owner shall rent or own their unit of the structure from foundation to roof,

(k)

Each townhouse single family dwelling unit may be sold or rented separately,

(l)

Each townhouse unit will have at least two hard surfaced off-street parking stalls. Curbside parking is not included in the required parking stalls,

(m)

Parking for tenants or owners vehicles is not allowed in the designated yards unless the parking space in on a hard surfaced (asphalt or concrete) driveway;

(4)

Churches provided the principal building is not less than twenty-five feet from any property line;

(5)

Parks and playgrounds provided no buildings are located less than twenty-five feet from the lot line of an abutting lot in the "R" district.

(Ord. 1990 (part), 2005; Ord. 985, 1971).

Within the "R-3" one family, two family and townhouse use district, no structure or land shall be used for the additional following uses except by conditional use permit:

(1)

Any use permitted in Section 23.16.004 except 23.16.004(7) and as regulated therein except as amended herein;

(2)

Off-street parking when the proposed site of the off-street parking abuts on a lot which is in a "B" or "I" district and is in the same ownership as the land in the "B" or "I" district and subject to those conditions as found necessary by the council to carry out the intent of this title;

(3)

More than one principal building on a single parcel of land (community unit plan);

(4)

Group care homes with responsible supervision.

(5)

Bed and breakfast.

A.

Any bed and breakfast establishment operating in this state shall register with the department of health.

B.

Every owner of a bed and breakfast establishment shall maintain a guest list and shall place a smoke detector in each sleeping room with a minimum of at least one smoke detector per floor.

C.

Every owner of a bed and breakfast shall, before opening and annually thereafter, secure a license from the state department of health.

(6)

Vacation rental home.

A.

The owner must have applied for a South Dakota Vacation Home Rental License from the South Dakota Department of Health. A copy of the application must be provided to the planning department.

B.

At the time of issuance of the vacation home rental license from the South Dakota Department of Health, a copy of the license shall be furnished to the planning department. A license must be received prior to operation of the facility.

(Ord. 1221, 1976: Ord. 985 (part), 1971).

(Ord. No. 2108-23-337, 2-27-2012)

Within any "R-3" one family use district, the following uses shall be permitted accessory uses:

(1)

Any uses permitted in Section 23.16.006 and as regulated therein.

(Ord. 985, 1971).

Lot area, width, yard and height requirements shall be as follows:

(1)

No primary residential dwelling shall exceed a height of three stories or thirty-five feet in height, whichever is lesser in height, except as provided in Section 23.38.002.

(2)

A side yard abutting a street shall not be less than twenty feet in width.

(3)

The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this section and Section 23.38.002 of this code.

(4)

Any lot platted prior to March 1, 2002 may be grandfathered in with a minimum lot width of fifty, sixty or eighty feet depending on single, two, or multiple family with a minimum lot area of six thousand square feet.

(5)

Any lot platted after March 1, 2002 shall have a minimum lot width of one hundred feet and a minimum lot size of ten thousand square feet.

(6)

If townhouse single family dwelling units are sold from a structure containing three or more townhouse units, then each individual single family dwelling unit lot shall be platted and shall consist of a minimum of two thousand square feet consisting of a lot at least twenty feet wide by one hundred feet deep.

(7)

In no case may any structure except for fences be constructed in utility easement areas along front, side or rear property lines.

(8)

If a detached accessory building is constructed three feet (or less by variance) from the property line, the roof overhang on the building will be limited to one foot including stormwater gutters.

(Ord. 1990 (part), 2005; Ord. 1933 (part), 2002: Ord. 1878, 2000: Ord. 1358, 1979; Ord. 985, 1971).

(Ord. No. 2086, 9-27-2010; Ord. No. 2267-23-415, 2-10-2025)

Floor requirements for dwelling units shall be as follows:

(1)

Single family detached dwellings shall contain at least six hundred square feet of floor area, six hundred square feet of which shall be on the first floor;

(2)

Double dwellings shall contain not less than six hundred square feet of floor area per unit on the first floor and should the double dwelling be a two story, the upper unit shall have not less than five hundred square feet;

(3)

Townhouses shall contain at least the following floor areas:

(a)

Each efficiency apartment shall have not less than four hundred square feet of floor area,

(b)

Each apartment unit having one bedroom shall have not less than five hundred square feet of floor area,

(c)

Any detached, attached, or apartment dwelling unit having two bedrooms shall have not less than six hundred square feet of floor area,

(d)

Any dwelling having more than two bedrooms shall have not less than six hundred square feet of floor area plus one hundred twenty square feet in addition thereto for each bedroom in excess of two.

(Ord. 985, 1971).