La Valley Township City Zoning Code
GENERAL PROVISIONS
§ 154.001 ADOPTION.
(A) The 2009 Revised Zoning Ordinance for the county is hereby adopted.
(B) The “1995 Revised Zoning Ordinance of Lincoln County (LC-0-95-01)” is hereby repealed, and all ordinances, resolutions, rules, and regulations in conflict with the “2009 Revised Zoning Ordinance for Lincoln County” are hereby repealed.
(C) Copies of the 2009 Revised Zoning Ordinance for the county shall be filed with the County Auditor and Register of Deeds.
(D) The public may inspect the entire 2009 Revised Zoning Ordinance for the county at the office of the County Auditor during regular business hours.
(Ord. 0904-05, passed 4-7-2009)
§ 154.002 TITLE.
These regulations may be referred to as the “2009 Revised Zoning Ordinance for Lincoln County.”
(Ord. 0904-05, passed 5-20-2009)
§ 154.003 PURPOSE.
These regulations have been based upon the county’s Comprehensive Development Plan, adopted on December 6, 2005 by the Board of County Commissioners, and are in conformance with SDCL Chapter 11-2. These regulations are designed to carry out the goals and objectives of the plan, but especially to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration or scattering of population; and to encourage a distribution of population or mode of land utilization that will facilitate the economical and adequate provision of transportation, water, drainage, sewerage, schools, parks, or other public requirements. These regulations have been made with reasonable consideration to the character and intensity of the various land uses and the need for public facilities and services that would develop from those uses. These regulations are necessary for the best physical development of the county. The regulations are intended to preserve and protect existing property uses and values against adverse or unharmonious adjacent uses by zoning all unincorporated land except those areas where joint zoning jurisdiction has been granted to a municipality.
(Ord. 0904-05, passed 5-20-2009)
§ 154.004 GENERAL REGULATIONS.
The following general regulations shall apply to all zoning districts:
(A) Except as otherwise provided, no building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any structure or land be used:
(1) Except for a purpose permitted in the district in which the structure or land is located;
(2) Except in conformance with the height and minimum lot requirements, and the parking and sign regulations, and any other applicable requirements of the district in which the structure or land is located; and
(3) Except in conformance with any federal, state, or county codes as may be applicable. Where these regulations and any other rules and regulations conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(B) The density and yard requirements of these regulations are minimum regulations for each and every building existing at the effective date of these regulations and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building; and
(C) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on a lot except as otherwise provided in these regulations. Cooperatives, condominiums, and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.
(Ord. 0904-05, passed 5-20-2009)
§ 154.005 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and flood heights may be increased by human-made or natural causes. These regulations do not imply that land outside the flood zone or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the county or on any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.
(Ord. 0904-05, passed 5-20-2009)
§ 154.006 INTERPRETATION, ABROGATION, AND SEVERABILITY.
In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these regulations and other regulations, easement, covenant, or deed restriction conflict or overlap whichever imposes the more stringent restrictions shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only. If any section, clause, provision, or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.
(Ord. 0904-05, passed 5-20-2009)
§ 154.007 SAVINGS CLAUSE.
These regulations shall in no manner affect pending actions, either civil or criminal, founded on or growing out of any regulations hereby repealed. These regulations shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any regulations repealed.
(Ord. 0904-05, passed 5-20-2009)
§ 154.008 PURPOSE OF CATCH HEADS.
The catch heads appearing in connection with the sections of these regulations are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each article are to serve as general references only. The catch heads, introductory statements, and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court, or other tribunal in construing the terms and provisions of these regulations.
(Ord. 0904-05, passed 5-20-2009)