The legislature of the state has in South Dakota Common Law Section 11-4-1 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

(Ord. 31-85 (part): Ord. 4-85 (part): Ord. 1-76 (part): prior code § 14.0201)

The provisions of this title shall apply within the incorporated area of Redfield, South Dakota, as established on the map entitled "The Official Zoning Map of Redfield, South Dakota."

(Ord. 31-85 (part): Ord. 4-85 (part): Ord. 1-76 (part): prior code § 14.0202)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A.

Boundaries indicated as approximately following the centerlines of streets, highways or alleys, shall be construed to follow such centerlines;

B.

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

C.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

E.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;

F.

Boundaries indicated as parallel to, or extensions of features indicated in subsections A through E of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

G.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through F of this section, the city council shall interpret the district boundaries;

H.

Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance codified in this title, the city planning commission may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet beyond the district line into the remaining portion of the lot.

(Ord. 1-76 (part): prior code § 14.0304)

A.

The city finance officer shall administer and enforce this title. He may be provided with the assistance of such other persons as the city council may direct.

B.

To further facilitate the administration of this title, the city finance officer shall establish a working arrangement with electric and gas utility companies as well as the appropriate health department to more effectively administer this title.

C.

If the city finance officer shall find that any of the conditions of this title are being violated, he shall notify in writing the person responsible for such nonobservance, indicating the nature of the violation and ordering corrective action. He shall direct discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other steps authorized by this title to ensure compliance with it or to prevent violations of its regulations.

(Ord. 1-76 (part): prior code § 14.1601)

Building permits shall be required as defined by Chapter 15.04 of the Redfield Municipal Code. Prior to any new construction, or any exterior renovation with a proposed budget in excess of fifty thousand and no/100 dollars, the city shall be presented a site plan, prepared by an engineer, architect, or other competent professional, showing the floor plan and an exterior rendering of the proposed construction.

(Ord. 15.01: Ord. 1-76 (part): prior code § 14.1602)

(Ord. No. 04-2015, 11-16-2015)

A.

A zoning permit shall be required for any proposed erection, construction, reconstruction, alterations, conversion; major repair, or use or change of use of buildings, structures or lands as set forth in this title.

B.

It shall be the duty of the city finance officer to issue a zoning permit, if the proposed erection, construction, reconstruction, alterations, conversion, major repairs or use or change of use of buildings, structures or lands, conforms with all of the requirements herein set forth.

(Ord. 1-76 (part): prior code § 14.1605)

A.

A temporary permit for the placement of a Shipping Container for Storage within the Residential District shall be issued in conformance with the following restrictions:

1.

A temporary permit for the placement of one shipping container per lot may be issued once in a calendar year for a maximum of sixty consecutive days for the purposes of temporarily storing or shipping personal property in association with moving or property improvement.

2.

Temporary shipping containers shall not be placed within the public right-of-way and shall not be placed in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained there.

3.

Portable moving containers/moving pods placed on private property for no more than thirty days in any twelve-month period shall not be regulated by this chapter.

B.

A temporary construction permit shall be required prior to the placement of a Shipping Container for Storage within the corporate limits of the City of Redfield. The permit application shall show that the temporary placement of a proposed shipping container is accessory to the permitted use of the property and meets the placement criteria for the zone. A temporary permit for the placement of a Shipping Container shall be issued in conformance with the following restrictions:

1.

The temporary permit will be valid for a period of one hundred and eighty days from the date of issuance, but may be extended for an additional one hundred and eighty days subject to active construction status with an active building permit;

2.

Temporary shipping containers shall not be placed within the public right-of-way and shall not be placed in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained there;

3.

All temporary shipping containers must be placed on the construction site;

4.

All temporary shipping containers must be placed a minimum of five feet away from all adjacent property lines and public rights-of-way;

5.

Temporary shipping containers may not be stacked; and

6.

Temporary shipping containers must be secured at night and maintained in good condition.

C.

Subject to the restrictions and timelines provided herein, a temporary permit may be issued to Contractors for use of Shipping Containers for Storage, portable moving containers or moving pods for the temporary location of an office, equipment and/or materials storage structure during construction which is taking place on the property where the container is located.

D.

Emergency Placement of Shipping Containers. In the event of a natural hazard, accident, or other emergency or disaster, that has resulted in significant damage to a property or structure within corporate limits of the City of Redfield, a temporary permit for the placement of shipping container(s) may be issued by the City on such basis. The temporary permit will be valid for a period of one calendar year from the date of issuance, but may be extended for an additional one hundred eighty days in the discretion of the City.

(Ord. No. 01-2025, 3-25-2025

Editor's note— Ord. No. 01-2025, adopted March 25, 2025, enacted provisions designated as 17.12.090. Inasmuch as there were already provisions so designated, said section has been codified herein as § 17.12.085 at the discretion of the editor.

A.

The city council shall establish by resolution, a schedule of fees, charges and expenses and a collection procedure for building permits, certificate of zoning compliance, appeals, conditional uses, variances and other matters pertaining to this title. The schedule of fees shall be posted in the office of the finance officer, and may be altered or amended only by the city council.

B.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 1-76 (part): prior code § 14.1705)

It is the intent of this title that all questions of interpretation, enforcement, appeals, conditional uses and variances first be presented to the city finance officer and then to the city council.

(Ord. 1-76 (part): prior code § 14.1801)

The city council shall have the following powers and duties:

A.

Administrative Review. To hear and decide cases where it is alleged there is error in any order, requirement, decision or determination made by the city finance officer in the enforcement of this title;

B.

Conditional Uses—Conditions Governing Applications, Procedures. To hear and decide on conditional uses. A conditional use shall not be granted by the city council unless and until:

1.

A written application for a conditional use is submitted indicating the section of this title under which the conditional uses are sought and stating the grounds on which it is requested,

2.

Notice shall be given not less than fifteen, and not more than thirty days in advance of public hearing. The owner of the property for which the conditional use is sought or his agent shall be notified by mail. Notice of such hearings indicating date, time and place, shall be pasted in a prominent place on the property for which conditional use is sought, at the city hall, and in one other appropriate public place at least fifteen days prior to the public hearing,

3.

The public hearing shall be held. Any party may appear in person, or by agent or attorney,

4.

The city council shall make a finding that it is empowered under the section of this title described in the application to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest,

5.

Before any conditional use shall be issued, the council shall make written findings certifying compliance with the specific rules governing conditional use and that satisfactory provision and arrangement has been made concerning the following where applicable:

a.

Ingress and egress to property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and catastrophe,

b.

Off-street parking and loading areas where required, with particular attention to the items in paragraph a of this subdivision and the economic, noise, glare or odor effects of the conditional use on adjoining properties generally in the district,

c.

Refuse and service areas with particular reference to the items in paragraphs a and b of this subdivision,

d.

Utilities, with reference to locations, availability and compatibility,

e.

Screening and buffering with reference to type, dimensions and character,

f.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with the properties in the district,

g.

Required yards and other open spaces,

h.

General compatibility with adjacent properties and other property in the district;

C.

Variances—Conditions Governing Applications, Procedures. To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title shall not be granted by the city council unless and until:

1.

A written application for a variance is submitted demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district,

b.

That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title,

c.

That the special conditions and circumstances do not result from the actions of the applicant,

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied, by this title to other lands, structures or buildings in the same district.

No nonconforming use of neighborhood lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, considered grounds for the issuance of a variance.

Notice of public hearings shall be given as set forth in subsection B of this section;

The public hearing shall be held, any party may appear in person, or by agent or by attorney;

The city council shall make findings that the requirements of subsection C1 of this section have been met by the applicant for a variance;

The city council shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

The city council shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in the district.

(Ord. 1-76 (part): prior code § 14.1802)

A.

In exercising the powers mentioned in Section 17.12.110, the city council may, so long as such action is in conformity with the terms of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the city finance officer from whom the appeal is taken.

B.

The concurring vote of the majority of the city council shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in the application of this title.

(Ord. 1-76 (part): prior code § 14.1803)

The regulations, restrictions and boundaries set forth in this title may from time to time be amended, supplemented, changed or repealed by the city council or when such amendment, supplement, change, modification or repeal is requested through a petition by thirty percent of the landowners in the district requesting change. No such action may be taken until after a public hearing in relation thereto conducted by the city council, at which parties in interest and citizens shall have an opportunity to be heard. Not less than fifteen or more than thirty days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the county.

(Ord. 1-76 (part): prior code § 14.1901)

The city council shall thereafter, by duly enacted ordinances, either adopt or reject such amendment, supplement, change, modify or repeal, and if it is adopted by the city council, the same shall be published once in the official newspaper in the county and become effective on the twentieth after its publication.

(Ord. 1-76 (part): prior code § 14.1902)

A.

Upon application pursuant to the provisions of this title and the rules and procedure of the board, the board shall grant or refuse special exceptions in accordance with the criteria of this article and shall authorize the issuance of a zoning certificate and may prescribe and impose appropriate conditions and safeguards, including a specified time limit for the zoning certificate.

B.

Criteria. Classified special exceptions shall be authorized only if they meet the criteria set forth in this article.

(Ord. 1-76 (part): prior code § 14.2001 (part))

The use shall not include any activity involving the use or storage of flammable or explosive material unless protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.

(Ord. 1-76 (part): prior code § 14.2001(1))

The use shall not include noise which is objectionable due to volume, frequency or beat unless muffled or otherwise controlled.

(Ord. 1-76 (part): prior code § 14.2001(2))

The use shall not include vibration which is discernible without instruments on any adjoining lot or property.

(Ord. 1-76 (part): prior code § 14.2001(3))

The use shall not involve any pollution of air by fly ash, dust, vapors or other substances which are harmful to health, animals, vegetation or other property or which can cause soiling, discomfort or irritation.

(Ord. 1-76 (part): prior code § 14.2001(4))

The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.

(Ord. 1-76 (part): prior code § 14.2001(5))

The use shall not involve any direct or reflected glare that is visible from any adjoining property or from any public street, road or highway.

(Ord. 1-76 (part): prior code § 14.2001(6))

The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion. No single use or density of development should generate traffic volumes on any public street in excess of one hundred vehicle trips per day per acre.

(Ord. 1-76 (part): prior code § 14.2001(7))

The use shall not involve any activity substantially increasing the burden on any public utilities or facilities, unless provision is made for any necessary adjustments.

(Ord. 1-76 (part): prior code § 14.2001(8))

The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless, by design, setback, nature or operation, and other devices, the character of the neighborhood will be maintained.

New construction shall be complimentary to the neighborhood and shall not be constructed in such a manner of form that shall be offensive or distracting from the remainder of the neighborhood.

(Ord. 1-76 (part): prior code § 14.2001(9))

(Ord. No. 04-2015, 11-16-2015)

The use shall not involve any activity which adversely affects the general welfare of the community.

(Ord. 1-76 (part): prior code § 14.2001(10))