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Salem City Zoning Code

CHAPTER 1

GENERAL PROVISIONS

1.01 - Title and application.

These regulations shall be referred to as the "2011 Revised Zoning Ordinance of the City of Salem."

1.02 - Jurisdiction.

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

1.03 - Purpose.

These regulations have been based upon the Salem Comprehensive Plan adopted and in conformance with Chapter 11-4 and 11-6 of South Dakota Codified Laws. These regulations are designed to carry out the goals, objectives, and policies of the comprehensive plan.

The zoning ordinance is intended:

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 overcrowding of land;

To avoid undue concentrations of population; and

To facilitate the adequate provision of transportation, water, sewers, school, parks and other public necessities.

1.04 - 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.

1.05 - Penalties for violation.

Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations of conditions established in the granting of variances, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction be subject to the penalties established by South Dakota law. Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure or premises, any architect, builder, contractor, agent or other person who commits, maintains, assists in or participates in such violation may be found guilty of a separate offense and suffer the penalties provided.

1.06 - Severability clause.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part other than the part so declared to be unconstitutional or invalid.

1.07 - Repeal of conflicting ordinances.

All prior ordinances or parts of prior ordinances in conflict with this ordinance are hereby declared repealed.

1.08 - 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 Salem, as provided for by South Dakota law.