Sec. 17.00.01.

Title. This ordinance shall be known and referred to as "The Zoning Ordinance of the City of Madison, South Dakota."

Sec. 17.00.02.

Jurisdiction. The provisions of this ordinance shall apply to all territory within the boundaries of the City of Madison, South Dakota, as established on the Official Zoning Map of the City of Madison.

Sec. 17.00.03.

Purpose and intent. This regulation is enacted for the purpose set forth and provided for in South Dakota Compiled Laws and Amendments, Chapters 11-4 and 11-6 [SDCL chs. 11-4 and 11-6], that is, among other things to promote safety morals, or the general welfare of the community. This ordinance has been prepared in accordance with the Comprehensive Land Use Plan and is designed to coordinate physical development of the community with needs for public services and facilities. More specifically, this ordinance is adopted in order to achieve the following objectives:

1.

To foster a harmonious, convenient, workable relationship among land uses.

2.

To promote the stability of existing land uses that conform with the Comprehensive Land Use Plan and to protect them from inharmonious influences and harmful intrusions.

3.

To insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the community as a whole.

4.

To prevent excessive population densities and overcrowding of the land with structures.

5.

To protect and enhance real estate values.

6.

To safeguard and enhance the appearance of the community, including natural amenities.

7.

To place the power and responsibility of the use of land in the hands of the property owner contingent upon the compatibility of surrounding uses and the Comprehensive Land Use Plan.

Sec. 17.01.01.

Provisions of ordinance declared to be minimum requirements. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

Sec. 17.01.02.

Violations/penalties for violation.

1.

Violations of the ordinance shall be treated in the manner specified below.

a.

Any person who starts work for which a permit (building, conditional use, variance, rezoning) is required by this zoning ordinance, without first securing such permit and paying the applicable permit fees established in accordance with Section 17.20.03 of these ordinances, shall be charged according to the provisions of this section. All administrative fees assessed there under shall be rounded to the nearest whole dollar.

i.

Upon finding such violation, the Administrative Official shall notify the owner of property involved verbally or by sending a written notification of the requirement that a permit be obtained to the owner of the property involved by certified mail with return receipt requested. Application for said permit shall be filed within seven working days from the verbal notification or date of receipt of the letter.

ii.

If application for said permit is filed after the original deadline of seven working days following the verbal notice or receipt of the notification of the requirement therefore, there shall be imposed an administrative fee in the amount of 100 percent the normal fee for the associated building permit, conditional use permit, variance, and/or rezoning. The payment of the administrative fee shall not relieve such person from the provisions of paragraph (b) below.

iii.

Any administrative fee or penalty imposed under the provisions of this zoning ordinance shall be in addition to any other fees or charges required under this zoning ordinance.

b.

It is declared unlawful for the owner or any agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist to violate any of the terms and provisions of these regulations or other official control adopted by the City Commission pursuant thereto. Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provision of this zoning ordinance may be subject to a civil or criminal penalty. The penalty for violation of this zoning ordinance shall be in an amount established by resolution unless required to be set by ordinance or imprisonment for not more than 30 days, or both, and in addition the violator shall pay all costs and expenses involved in the case. Each and every day that such violation continues after notification may constitute a separate offense. All fines for violation shall be paid to the Finance Officer and shall be credited to the General Fund of the City.

c.

In the event any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building or structure or land is used in violation of this ordinance or other regulation, the Administrative Official, or the City of Madison, as a corporation or any interested person, in addition to other remedies, may institute injunction, mandamus or any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use of land, to restrain, correct or abate such violation, to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business, or use in and to and of such premises.

d.

Any taxpayer of the City may institute mandamus proceedings in Circuit Court to compel specific performance by the proper official or officials of any duty required by these regulations.

Sec. 17.01.03.

Severability and validity. Should any section, subsection, sentence, clause or phrase of this Ordinance be, for any reason, declared by the courts to be unconstitutional or invalid such decision shall not affect the validity of the ordinance as a whole or the remaining portion or portions of this Ordinance.

Sec. 17.01.04.

Repealer. Ordinance number 704 which created Chapter 17, of the Revised Ordinances of the City of Madison, South Dakota, effective July 1, 1953, Chapters 10-19, 10-20, 15-49, 15-50, 15-51, 15-52, 15-53, 15-54, 15-55, 15-56, 15-57, 15-58, 15-59, 15-60, 15-61, 15-62, 15-63, and all amendments thereto are hereby repealed and in addition thereto any and all other Ordinances or parts thereof of the City of Madison, Lake County, South Dakota, are hereby repealed.

Sec. 17.01.05.

Effective date. These regulations shall be in full force and effect from and after their passage, approval, publication, and effective date of the Zoning Ordinance of the City of Madison, South Dakota, as provided for by South Dakota law.

(Ord. No. 1647, § 2, 4-4-2022)

Sec. 17.02.01.

Official zoning map.

The location, size, shape and boundaries of the zones to which the provisions of the text of this Ordinance are applicable, shall be indicated on the atlas of maps which entitled, "Official Zoning Map Exhibit A," incorporated herein and by this reference made a part hereof and such maps, after being adopted by reference as a part of this Ordinance, and so certified by the City Finance Officer together with the text, shall be maintained by the City Finance Officer and such atlas shall be the official zoning map, for the purpose of enforcement of this Ordinance. Any amendment to the zoning classifications on "Official Zoning Map Exhibit A" shall include the legal description of the land involved including appropriate adjacent public rights-of-way.

If, in accordance with the provisions of this Ordinance and Chapter 11-4, as amended [SDCL ch. 11-4], changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall not become effective until after said changes have been made on the Official Zoning Map by the Finance Officer or in his absence a person designated by the City Commission. Any unauthorized change by any person or persons shall be considered a violation of this Ordinance and punishable as provided under Article I, Section 17.01.02.

Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the City Offices, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.

Sec. 17.02.02.

Establishment of zones. In carrying out the provisions of Chapter 11-4 and 11-6 of the South Dakota Compiled Laws [SDCL chs. 11-4 and 11-6]. The Planning Commission of Madison, South Dakota, have divided the City into districts and have prepared regulations pertaining to such districts in accordance with a comprehensive plan and designated to accomplish the purpose set forth in said statute.

Sec. 17.02.03.

Interpretation of map. The following rules shall govern interpreting the boundaries of zones as portrayed on the Official Zoning Map Exhibit A.

1.

The boundaries of the zones, except where otherwise referenced, are intended to follow the lines of platted lots, centerlines of streets and alleys, and when lines appear to be not more than ten feet from the line of a platted lot, the boundary shall be interpreted as being coincidental therewith.

2.

When boundaries cross unplatted property or platted lots otherwise than set forth above, and their distances are not clearly marked, their location shall be determined by use of the scale of the map and every such line shall be interpreted to fall on the nearest multiple of ten feet.

3.

Boundaries indicated as approximately following City limits shall be construed as following City limits.

4.

Boundaries indicated as following railroad tracks shall be construed to be midway between the rails of the main tracks.

5.

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, reservoirs, flood control channels or other bodies of water shall be construed to follow such centerlines and shall move with such centerlines in case of shifting.

6.

In case of doubt or dispute, the boundary lines shall be determined by the Board of Adjustment upon receiving an appeal from a ruling of the Administrative Official.

Sec. 17.02.04.

Annexation. Subsequent to the effective date of these regulations, any land annexed into the municipal boundaries of the City of Madison shall upon such annexation automatically be designated as R-90 unless otherwise approved.

Sec. 17.02.05.

Changes and/or replacement of official zoning map.

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Commission may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the Original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Finance Officer, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Madison, State of South Dakota."

Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

Changes to or replacement of the Official Zoning Map shall require amendment of this regulation by ordinance, as provided for in Article III, Section 17.24.07 of these regulations.

(Ord. No. 1223, 7-8-1996)