Spearfish City Zoning Code

DISTRICT REGULATIONS

§ 156.030 RURAL LARGE LOT SINGLE-FAMILY (RLS-1).

(A) General description. The Rural Large Lot Single-Family District is to provide for residential environments that are of larger acreage than may be practical to be served by municipal utilities, yet generally less acreage than is necessary for agricultural production pursuits. It is intended that this District will provide a minimum of public utilities, services or improvements, and is strictly a very low density rural type environment as commonly known in terms of open space, odors, noises, dust, keeping of animals and self-sufficiency.

(B) Primary uses permitted. Property and structures in the Rural Large Lot Single-Family District shall be used for the following purposes:

(1) Detached site-built or modular single-family dwellings;

(2) Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established;

(3) Telecommunications facilities;

(4) Small scale solar energy conversion facility as an accessory to a primary use;

(5) Animal enclosures, fences, pastures, turnouts and confinements and the keeping of animals, all of which shall be regulated by Ch. 90. These shall be considered as accessory uses after the primary use has been established and shall not include commercial kennels, emergency animal rescue shelter operations and similar facilities; and

(6) Home Occupation Type 1 where 15% or less of the floor area of the structure is dedicated to the home occupation.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Animal boarding;

(2) Bed and breakfast;

(3) Cemetery;

(4) Childcare center;

(5) Church;

(6) Fenced outdoor private storage and/or parking;

(7) Historic monument and/or place;

(8) Landscape nursery, including greenhouse and sales building;

(9) Personal services;

(10) Private storage building built before main residence;

(11) Public park and/or playground;

(12) Public utility substation;

(13) Public or private school or educational services;

(14) Public or private recreation uses;

(15) Second residence/guest house;

(16) Municipal use, other than parks/playground;

(17) Home Occupation Type 2 with greater than 15% of the floor area of the structure dedicated to the home occupation; and

(18) Telecommunications facilities as defined and regulated in § 156.067.

(D) Area regulations. For reference, see § 156.061. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback: all structures: 35 feet;

(2) Side setback:

(a) Primary uses: 20 feet;

(b) Corner lots: two front setbacks and two side setbacks; and

(c) Unattached buildings of accessory use: ten feet for buildings that are less than 200 square feet. All other unattached buildings 200 square feet and greater: 20 feet.

(3) Rear setback:

(a) Primary uses: 35 feet;

(b) Unattached accessory use buildings 200 square feet and under: ten feet; and

(4) Lot width: minimum 75 feet at the front setback line;

(5) Minimum lot size: eight acres;

(6) Height regulations: 35 feet for all structures; and

(7) Off-street parking and loading requirements: see §§ 156.062 and 156.064.

(Prior Code, App. A, Art. IV, § 1a) (Ord. 1165, passed 11-19-2012; Ord. 1223, passed 12-21-2015; Ord. 1276, passed 4-2-2018; Ord. 1354, passed 10-18-2021)

§ 156.031 AGRICULTURAL DISTRICT (AG).

(A) General description. This District is intended to protect agricultural lands and to preserve the natural beauty and open character of forests and other natural areas from incompatible land uses.

(B) Primary uses permitted. Property and structures in the AG Agricultural District shall be used for the following purposes:

(1) Agricultural uses such as general farming, pasture, grazing, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting including roadside stands exclusively for the sale of produce, but excluding commercial feed lots;

(2) Detached site-built or modular single-family dwellings;

(3) Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established;

(4) Veterinary clinics, subject to the following requirements:

(a) Confinement pens for large animals and outdoor runs for small animals shall maintain a minimum setback of 80 feet from all property lines;

(b) The clinic facility shall be constructed and operated in such a manner as to minimize the transmission of sound to neighboring properties; and

(c) Fenced outdoor runs and exercise areas shall be used only during normal business hours and shall be screened to a height of eight feet.

(5) Telecommunications facilities;

(6) Small scale solar energy conversion facility as an accessory to a primary use;

(7) Home Occupation Type 1 where 15% or less of the floor area of the structure is dedicated to the home occupation;

(8) Cannabis cultivation facilities;

(9) Cannabis testing facilities; and

(10) Cannabis product manufacturing facilities.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Animal boarding;

(2) Bed and breakfast;

(3) Cemetery;

(4) Childcare center;

(5) Church;

(6) Fenced outdoor private storage and/or parking;

(7) Historic monument and/or place;

(8) Large scale solar energy conversion facility;

(9) Landscape nursery, including greenhouse and sales building;

(10) Personal services;

(11) Private storage building built before main residence;

(12) Public park and/or playground;

(13) Public utility substation;

(14) Public or private school or educational services;

(15) Public or private recreation uses;

(16) Second residence/guest house;

(17) Municipal use, other than parks/ playgrounds;

(18) Home Occupation Type 2 with greater than 15% of the floor area of the structure dedicated to the home occupation; and

(19) Telecommunications facilities as defined and regulated in § 156.067.

(D) Area regulations. For reference, see § 156.061. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback: all structures: 25 feet;

(2) Side setback:

(a) Primary uses: eight feet;

(b) Corner lots: two front setbacks and two side setbacks; and

(3) Rear setback:

(a) Primary uses: 25 feet; and

(b) Unattached buildings of accessory use five feet.

(4) Lot width: minimum 75 feet at the front building line;

(5) Minimum lot size: one acre; and

(6) Maximum lot coverage: 10%.

(E) Height regulations. Maximum five stories or 60 feet.

(F) Off-street parking and loading requirements. See §§ 156.062 and 156.064.

(Prior Code, App. A, Art. IV, § 1b) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1223, passed 12-21-2015; Ord. 1276, passed 4-2-2018; Ord. 1285, passed 8-20-2018; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021)

§ 156.032 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1).

(A) General description. This District is intended to be used for single-family residential development with low population densities.

(B) Primary uses permitted. Property and structures in an R-1 District shall be used for the following purposes:

(1) Detached site-built or modular single-family dwellings;

(2) Home Occupation Type 1 where 15% or less of the floor area of the structure is dedicated to the home occupation;

(3) Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established; and

(4) Small scale solar energy conversion facility as an accessory to a primary use.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Bed and breakfast;

(2) Cemetery;

(3) Childcare center;

(4) Church or place of worship;

(5) Group home;

(6) Historic monument/place;

(7) Home Occupation Type 2 with greater than 15% of the floor area of the structure dedicated to the home occupation;

(8) Publicly owned structure/facility/park;

(9) Office;

(10) Personal services;

(11) Privately owned recreational use;

(12) Private school or educational service;

(13) Public utility substation;

(14) Second dwelling unit; and

(15) Telecommunications facilities.

(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback:

(a) Twenty-five feet; and

(b) If a lot abuts a 100-foot wide public right-of-way, the front setback may be a minimum of 12 feet and provided that a garage door facing the street is a minimum of 20 feet from the public sidewalk.

(2) Side setback:

(a) Primary uses: eight feet, except lots platted before April 1980: five feet; and

(b) Unattached structures of accessory use: five feet.

(3) Rear setback:

(a) Primary uses: 25 feet; and

(b) Unattached structures of accessory use: five feet.

(4) Lot width: There shall be a minimum lot width of 75 feet at the front building line, except for lots of record platted before April 1980;

(5) Minimum lot size: 8,000 square feet. For churches and their accessory structures: 30,000 square feet;

(6) Maximum lot coverage: 40%;

(7) Height regulations: Dwellings shall not exceed two and one-half stories or 35 feet; accessory structures shall not exceed 15 feet. Exceptions to the height restriction for accessory uses may be granted by the Zoning Administrator due to architectural considerations; and

(8) Off-street parking and loading requirements: as regulated in §§ 156.062 and 156.064.

(Prior Code, App. A, Art. IV, § 2) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1276, passed 4-2-2018; Ord. 1278, passed 5-7-2018; Ord. 1354, passed 10-18-2021)

§ 156.033 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2).

(A) General description. This is a residential district to provide for medium population density. The principal uses of land are for single-family detached and two-family attached dwellings.

(B) Primary uses permitted. Property and structures in an R-2 Residential District shall be used for the following purposes:

(1) Any use permitted in an R-1 District. Maximum of two detached dwellings per lot;

(2) Two-family dwelling on one common lot;

(3) Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established;

(4) Home Occupation Type 1 where 15% or less of the floor area of the structure is dedicated to the home occupation; and

(5) Small scale solar energy conversion facility as an accessory to a primary use.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Bed and breakfast;

(2) Cemetery;

(3) Childcare center;

(4) Church or place of worship;

(5) Group home;

(6) Historic monument/place;

(7) Home Occupation Type 2 with greater than 15% of the floor area of the structure dedicated to the home occupation;

(8) Personal services;

(9) Publicly owned structure/facility/park;

(10) Office;

(11) Privately owned recreational use;

(12) Private school or educational service;

(13) Public utility substation;

(14) Retail;

(15) Two-family dwellings having a shared wall at a common lot line, according to the criteria in division (D) below; and

(16) Telecommunications facilities.

(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback:

(a) Twenty-five feet; and

(2) Side setback:

(a) Primary uses: eight feet; five feet if platted prior to April of 1980;

(b) Unattached structures of accessory use: five feet; and

(c) Two-family dwelling, per division (C)(15) above, zero feet at property line where dwellings attach; and eight feet from outside lot lines, which may be approved at five feet if applicant can demonstrate that adequate provisions are made for drainage and maintenance.

(3) Rear setback:

(a) Twenty-five feet; and

(b) Unattached structures of accessory use: five feet.

(4) Minimum lot width:

(a) Seventy-five feet at the front setback line. Lots platted before April 1980 are not subject to this requirement; and

(b) Two-family dwelling per division (C)(15) above: no minimum.

(5) Maximum number of dwellings per lot:

(a) Primary uses: two; and

(b) Conditional use permit uses: one.

(6) Minimum lot size:

(a) Eight thousand square feet; and

(b) Two-family dwelling per division (C)(15) below: no minimum lot size.

(7) Maximum number of attached dwellings: two;

(8) Maximum lot coverage: 40%;

(9) Maximum structure height:

(a) Thirty-five feet; and

(b) Accessory structures shall not exceed 15 feet.

(10) Off-street parking and loading requirements: as regulated in §§ 156.062, 156.063 and 156.064.

(Prior Code, App. A, Art. IV, § 3) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1195, passed 7-7-2014; Ord. 1239, passed 3-21-2016; Ord. 1276, passed 4-2-2018; Ord. 1278, passed 5-7-2018; Ord. 1354, passed 10-18-2021)

§ 156.034 MULTI-FAMILY RESIDENTIAL DISTRICT (R-3).

(A) General description. This Residential District is intended to promote and encourage the establishment and maintenance of a suitable environment for urban residence in areas appropriate by location and character for occupancy by high-density, multiple-family dwellings. One of the important purposes of this District is to create adequate standards of residential development in order to prevent overcrowded and unhealthy housing conditions.

(B) Primary uses permitted. Property and structures in an R-3 Multi-family Residential District shall be used for the following purposes:

(1) Any use permitted in the R-1 and R-2 Districts including two or more attached dwellings with each dwelling on an individually platted lot;

(2) Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established;

(3) Bed and breakfast;

(4) Cemetery;

(5) Childcare center;

(6) Church or place of worship;

(7) Fraternity or sorority house.

(8) Group care homes/assisted living facility;

(9) Manufactured home parks;

(10) Multi-family dwelling units; and

(11) Small scale solar energy conversion facility as an accessory to a primary use.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Historic monument/place;

(2) Home Occupation Type 2 with greater than 15% of the floor area of the structure dedicated to the home occupation;

(3) Office;

(4) Personal services;

(5) Privately owned recreational use;

(6) Private school or educational service;

(7) Publicly owned structure/facility/park;

(8) Public utility substation;

(9) Restaurant or food preparation;

(10) Retail;

(11) Telecommunications facilities; and

(12) Personal service establishment.

(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback:

(a) Twenty-five feet for all structures not exceeding 35 feet in height;

(b) If a lot abuts a 100 foot wide public right-of-way, the front setback may be a minimum of 12 feet and provided that a garage door facing the street is a minimum of 20 feet from the public sidewalk. This shall apply only to lots where all structures do not exceed 35 feet in height; and

(c) Thirty-five feet for all structures that are 35 feet and taller in height. (Exception: Telecommunications shall follow § 156.067.)

(2) Side setback:

(a) Single-family and two-family dwellings on one lot: eight feet; except lots platted before April 1980: five feet;

(b) Two or more attached dwellings with each dwelling on a separate lot: zero feet at common/shared wall and eight feet on remaining sides; see Figure 2b;

(c) Multi-family dwellings: 12 feet. For structures 35 feet and taller in height: 12 feet plus one foot additional side setback for every additional 12 feet of structure height; and

(d) All unattached structures of accessory use: five feet.

(3 ) Rear setback:

(a ) Twenty- five feet for all structures not exceeding 35 feet in height; and

(b) Thirty feet for all structures 35 feet and taller in height

(4) Minimum lot width: 75 feet at the front setback line except:

(a) Lots platted before April 1980 which shall not be required to comply; and

(b) For two or more attached dwellings where each dwelling is on an individually platted lot, the lot width shall be what is necessary to accommodate setbacks, off-street parking and the dwelling unit.

(5) Minimum lot size: 8,000 square feet for all primary uses. Exceptions to this requirement are:

(a) Single-family dwellings or two-family dwellings on one common lot platted before April 1980;

(b) For attached dwellings where each dwelling is on an individually platted lot, the lot size shall be what is necessary to accommodate setbacks, off-street parking and the dwelling unit; and

(c) Lots smaller than 8,000 square feet and platted before April 1980 may develop according to the density regulation in division (D)(7) below.

(6) Density regulations: For lots smaller than 8,000 square feet, after July 2014, the maximum density in the R-3 District is two dwellings per lot;

(7) Maximum lot coverage: 30%;

(8) Maximum structure height:

(a) All primary uses and conditional use permit uses: maximum of 60 feet; and

(b) Unattached accessory structures: maximum of 15 feet.

(9) Minimum off-street parking and loading requirements: as regulated in §§ 156.062, 156.063 and 156.064; and

(10) Usable open space (applies only to property where all dwellings are on one common lot):

(a) Structures not exceeding 35 feet in height: 400 square feet per dwelling unit;

(b) Structures 35 feet and taller in height: 300 square feet per dwelling unit; and

(c) Within the usable open space, designated play area for children must be provided at 50 square feet per dwelling unit. This shall not apply to multi-family developments exclusively restricted to the elderly.

(Prior Code, App. A, Art. IV, § 4) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1195, passed 7-7-2014; Ord. 1239, passed 3-21-2016; Ord. 1276, passed 4-2-2018; Ord. 1278, passed 5-7-2018; Ord. 1354, passed 10-18-2021)

§ 156.035 CENTRAL COMMERCIAL DISTRICT (C-1).

(A) General description. This Commercial District is for personal and business services and the general retail business of the city.

(B) Primary uses permitted. Property and structures in the C-1 Central Commercial District shall be used for the following purposes:

(1) Retail type 1 establishments, including incidental manufacturing of goods for sale at wholesale or retail on the premises;

(2) Eating and drinking establishments;

(3) Food and beverage production;

(4) Service and repair establishments;

(5) Personal service establishments;

(6) Hotel, motel, rooming and boarding house, bed and breakfast;

(7) Entertainment services, including venues for live or recorded entertainment, community centers, recreation centers, fitness and exercise centers, public or private swimming facilities, golf courses and municipal uses;

(8) Parking lots and garages;

(9) Offices;

(10) Financial institutions;

(11) Private clubs and lodges;

(12) Newspaper and printing firms;

(13) Churches;

(14) Single, two-family and multi-family dwellings;

(15) Group care homes/assisted living facility;

(16) Telecommunications facilities;

(17) Fitness and exercise centers;

(18) Small scale solar energy conversion facility as an accessory to a primary use;

(19) Childcare center or adult daycare;

(20) Storage buildings;

(21) Car wash facility;

(22) Schools and universities;

(23) Temporary shelter;

(24) Wholesale;

(25) Cannabis testing facilities; and

(26) Cannabis dispensaries;

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Veterinary clinics for domesticated animals including pet daycare an overnight pet stays;

(2) Telecommunications facilities;

(3) Retail type 2; and

(4) Treatment center.

(D) Area regulations. All setbacks shall be measured from the property line, and the area regulations shall be as follows:

(1) Front setback: none;

(2) Side setback: none;

(3) Rear setback: none;

(4) Lot width: no minimum requirement;

(5) Minimum lot size: no minimum requirement; and

(6) Lot coverage: no maximum percentage of lot coverage except that, for structures serviced from the rear, space shall be provided either inside or outside the structure for loading or unloading goods and materials. Such space shall have access to a street or other public way.

(E) Height regulations. Maximum 60 feet.

(F) Minimum off-street parking and loading requirements. Per city code, or according to the C-1 redevelopment incentive plan.

(G) C-1 redevelopment incentive plan. The following is a strategy from the city’s comprehensive plan: “Support the redevelopment of property to more intense land uses when compatibility to the surrounding area is achieved by creative design solutions that mitigate potential impacts.” The criteria described in this section implements this strategy as applied to development proposals where obsolete, blighted and deteriorated structures are removed or renovated in order to spur additional reinvestment in the downtown and contribute to the overall economic vitality of the city. Approval of this plan is at the discretion of the City Council.

(1) Requirements. For any new or renovated structure, the required parking for nonresidential land uses may be reduced by up to 50% under the following criteria.

(a) Mandatory criteria.

1. Building design will incorporate features as described in the document titled: City of Spearfish Design Guidelines for the C-1 Redevelopment Incentive Plan.

2. Site structures must have a building permit value that is the greater than or equal to twice the assessed value of the previous year as determined by the last certified value per the County Office of Equalization. The permit value will be verified by the Building Official or based on building permit information.

3. After the parking reduction is applied, the remaining required number of parking spaces must be provided either on private property, within the public right-of-way, or both.

4. A maximum of ten parking spaces are permitted within the right-of-way adjacent to the applicant’s property frontage either as 90 degree angle or diagonal parking.

5. A maximum of ten parallel parking spaces on one side of the street may serve as parking provided for more than one property.

6. Parking for residential, hotel, motel, bed and breakfast, vacation home rentals and uses that require overnight parking must be provided on private property.

(b) Optional criteria. In addition to the mandatory criteria above, a minimum of two of the following must be satisfied:

1. Existing sidewalks are widened to a minimum of eight feet;

2. New street trees provided at the rate of one per 50 feet of site frontage;

3. Provide landscaping per city code;

4. Utilize ecologically sustainable designs and technologies, which are in line with the goals of the comprehensive plan, such as, but not limited to:

a. Water conservation, energy efficiency and renewable energy; and

b. Enhanced protection from fire, flood and other natural disasters.

5. Other criteria deemed to have a significant public benefit.

(2) Authorization, review and approval process.

(a) If a proposal includes the reconstruction or alteration of an existing curb or sidewalk, or proposes a substantive change to a right-of-way along a street frontage not adjoining the applicant’s property, the owner of the property on the non-adjoining street frontage must authorize the application. Authorization is not required if proposals only involve parking space striping along non-adjoining frontages.

(b) A public hearing is required for both the Planning Commission and the City Council for a redevelopment incentive plan.

(c) Notice of the public hearings will be provided via first class mail to all properties within 140 feet of the proposed development property lines and postmarked ten days before the hearing. Notice will also be published ten days before the public hearings in the city’s official newspaper.

(d) After the City Council approves a redevelopment incentive plan, a change to the plan that results in major building modification or alteration of the approval criteria shall require a new public hearing by the Planning Commission and City Council.

(H) Open space requirements. Open space requirements of the R-3 Zoning District shall apply to all multi-family uses.

(Prior Code, App. A, Art. IV, § 5) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1048, passed 2-20-2007; Ord. 1122, passed 8-16-2010; Ord. 1137, passed 7-5-2011; Ord. 1285, passed 8-20-2018; Ord. 1312, passed 3-16-2020; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021; Ord. 1369, passed 6-21-2022)

§ 156.036 CENTRAL CORE COMMERCIAL DISTRICT (CC).

(A) General description. The purpose of this District is to separate it from the Central Commercial District and to provide for a business, retail, entertainment and cultural identity of the city. The district is comprised of Blocks 20, 21, 22, 28, 29, 30, 41, 42 and 43 of the Original Town.

(B) Primary uses permitted. Property and structures in the CC Central Core Commercial district shall be used for the following purposes: all of the primary uses permitted in C-1 District except for cannabis testing facilities and cannabis dispensaries.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Fraternity or sorority house;

(2) Telecommunications facilities; and

(3) Retail type 2.

(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback: none;

(2) Side setback: none;

(3) Rear setback: none;

(4) Lot width: no minimum requirement;

(5) Minimum lot size: no minimum requirement;

(6) Lot coverage: no maximum percentage of lot coverage except that, for structures serviced from the rear, space shall be provided either inside or outside the structure, for loading or unloading of goods and materials. Such space shall have access to a street or other public way; and

(7) Covered sidewalks: Covered sidewalks may be allowed provided that the covering structure is of such materials and appearance to conform with and enhance the existing and surrounding architecture and shall:

(a) Be self-supported on the structure face and be set back at least two feet from the curbline; and

(b) Be of such width and height, design and material as will not impede public safety operations for the affected structures.

(E) Height regulations. Maximum 60 feet.

(F) Parking regulations. No off-street parking required.

(Prior Code, App. A, Art. IV, § 6) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1200, passed 11-17-2014; Ord. 1285, passed 8-20-2018; Ord. 1345, passed 7-6-2021)

§ 156.037 HIGHWAY SERVICE COMMERCIAL DISTRICT (C-2).

(A) General description. This District is established for the accommodation of retail and business service activities and are typically located and grouped along a major street, street intersection or highway interchange, generating a considerable volume of vehicular traffic.

(B) Primary uses permitted. Property and structures in the C-2 Highway Service Commercial District shall be used for the following purposes:

(1) All of the primary uses in C-1 District;

(2) Gasoline, diesel, propane and CNG service stations;

(3) Building material sales;

(4) Garden centers, greenhouses and nurseries;

(5) Sales or leasing of new and used vehicles, recreational vehicles, trailers or equipment;

(6) Monument sales;

(7) Sales and service of prefabricated and manufactured homes;

(8) Auction houses;

(9) Taxidermists;

(10) Campground;

(11) Outdoor storage uses either as a primary use or an accessory use which shall comply with the following requirements:

(a) All outdoor storage and outdoor sales display of merchandise, material and equipment shall be screened by a solid opaque fence eight feet high at the lot line which abuts any residential district. If this is not adequate to screen the view of storage and display, the Zoning Administrator is authorized to require additional landscaping or any other buffer technique;

(b) If the outdoor storage is the primary use of the lot, and not in association with a retail type 1 or 2 land use, showroom, warehouse, commercial building and the like on the same lot, a solid fence eight feet in height shall be provided for all storage areas with the exception of lots where the primary use is the storage of RVs and boats, in which case the fence is not required; provided, that the RVs and boats being stored are not junked nor inoperable;

(d) Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets.

(12) Retail type 2;

(13) Veterinary clinics for domesticated animals, including pet daycare and overnight pet stays; provided, that all care is provided within an enclosed structure and no outdoor runs or kennels are provided;

(14) Small scale contractor; and

(15) Cannabis product manufacturing facilities.

(C) Uses eligible for conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Drop-off or transfer sites for household recyclables;

(2) Telecommunications facilities;

(3) Large scale contractor;

(4) Veterinary clinics for domesticated animals including pet daycare and overnight pet stays for which outdoor runs and kennels are provided;

(5) Treatment center;

(6) Small wind energy systems (SWES); and

(7) Large scale solar energy conversion facility.

(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front setback: 25 feet;

(2) Side setback: none;

(3) Rear setback: ten feet; and where serviced from the rear: 30 feet;

(4) Lot width: minimum 75 feet at the front setback line;

(5) Minimum lot size: 5,000 square feet; and

(6) Lot coverage: no maximum percentage of lot coverage.

(E) Height regulations. Maximum 60 feet.

(F) Minimum off-street parking, loading and landscape requirements. Per city code.

(Prior Code, App. A, Art. IV, § 7) (Ord. 969, passed 8-18-2003; Ord. 1030, passed 6-19-2006; Ord. 1048, passed 2-20-2007; Ord. 1081, passed 4-21-2008; Ord. 1122, passed 8-16-2010; Ord. 1285, passed 8-20-2018; Ord. 1303, passed 12-2-2019; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021)

§ 156.038 OFFICE COMMERCIAL DISTRICT (C-3).

(A) General description. This Commercial District is intended to provide a place for those types of institutional and commercial activities where separate buildings and building groups are often surrounded by landscaped yards and open areas. Land, space and aesthetic requirements of these uses make desirable either a central location or a suburban location near residential neighborhoods.

(B) Primary uses permitted. Property and structures in the C-3 Office Commercial District shall be used for the following purposes:

(1) Art gallery;

(2) Assembly halls;

(3) Childcare center or adult daycare;

(4) Hospitals and medical facilities, not including veterinary establishments, with pharmacies allowed as an accessory use to permitted medical facilities;

(5) Laboratories for medical research and testing;

(6) Libraries;

(7) Museums;

(8) Office buildings in which no primary activity is carried on catering to retail trade with the general public, and no primary stock of goods is maintained for sale to customers;

(9) Personal service establishments;

(10) Cannabis testing facilities; and

(11) Small scale solar energy conversion facility as an accessory to a primary use.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Retail type 1 establishments, including incidental manufacturing of goods for sale at wholesale or retail on the premises;

(2) Eating and drinking establishments;

(3) Food and beverage production;

(4) Service and repair establishments;

(5) Hotel, motel, rooming and boarding house, bed and breakfast;

(6) Entertainment services, including venues for live or recorded entertainment, community centers, recreation centers, fitness and exercise centers, public or private swimming facilities, golf courses and municipal uses;

(7) Parking lots and garages;

(8) Private clubs and lodges;

(9) Newspaper and printing firms;

(10) Churches;

(11) Single, two-family and multi-family dwellings;

(12) Group care homes/assisted living facility;

(13) Telecommunications facilities;

(14) Fitness and exercise centers;

(15) Photovoltaic (PV) systems;

(16) Storage buildings;

(17) Car wash facility;

(18) Schools and universities;

(19) Temporary shelter;

(20) Veterinary clinics for domesticated animals including pet daycare and overnight pet stays with or without outdoor runs or kennels;

(21) Wholesale; and

(22) Treatment center.

(D) Area regulations. All setbacks shall be measured from the owner’s property lines, and the area regulations shall be as follows:

(1) Front yard: 25 feet;

(2) Side yard: 12 feet;

(3) Rear yard: 25 feet;

(4) Lot width: minimum 75 feet at the front setback line;

(5) Minimum lot size: 7,000 square feet; and

(6) Maximum lot coverage: 35%.

(E) Height regulations. Maximum 35 feet.

(F) Minimum off-street parking, loading and landscape requirements. Per city code.

(Prior Code, App. A, Art. IV, § 7a) (Ord. 1219, passed 12-21-2015; Ord. 1285, passed 8-20-2018; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021)

§ 156.039 LIGHT/RESTRICTIVE INDUSTRIAL DISTRICT (ILR).

(A) General description. This District is intended to provide for a number of light manufacturing, wholesale, retail, warehousing and service uses where landscaped site frontages provide an attractive setting for business.

(B) Primary uses permitted. Property and structures in the ILR Light/Restrictive Industrial District shall be used for the following purposes:

(1) Manufacturing;

(2) Back office (non-retail): administrative technical support/customer service and corporate offices, that may or may not have a related manufacturing or warehouse function;

(3) Printing and publishing plant;

(4) Warehouse, distribution and wholesale facilities;

(5) Broadcasting facilities;

(6) Repair services;

(7) Contractor or building trades offices and shop;

(8) Cleaning and laundry plants;

(9) Bottling, cold storage or ice production;

(10) Computer design and development facilities;

(11) Data processing facilities;

(12) Telecommunications facilities;

(13) Research or business incubator center;

(14) General machine shop;

(15) Custom crafts (ceramics, furniture, stained glass and the like);

(16) Mail and parcel services;

(17) Essential municipal and public utility facilities, including, but not limited to, transformer stations, pumping stations, water towers and telephone exchanges;

(18) Small scale solar energy conversion facility as an accessory to a primary use;

(19) Retail type 1, including incidental manufacturing of goods for sale at wholesale or retail on the premises;

(20) Retail type 2;

(21) Eating and drinking establishments;

(22) Parking lots and garages;

(23) Churches;

(24) Fitness and exercise centers;

(25) Private clubs and lodges;

(26) Childcare center;

(27) Car wash facility;

(28) Gasoline, diesel, propane and CNG service stations;

(29) Garden centers, greenhouses and nurseries;

(30) Auction houses;

(31) Taxidermists;

(32) Veterinary clinics for domesticated animals including pet daycare and overnight pet stays for which outdoor runs and kennels are provided;

(33) Entertainment services, including venues for live or recorded entertainment, community centers, recreation centers, fitness and exercise centers, public or private swimming facilities, golf courses and municipal uses;

(34) Storage buildings;

(35) Equipment rental, sales and service;

(36) Personal services establishments;

(37) Cannabis cultivation facilities;

(38) Cannabis testing facilities;

(39) Cannabis product manufacturing facilities; and

(40) Cannabis dispensaries.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Telecommunications facilities;

(2) Schools and universities;

(3) Crematory;

(4) Detached site-built or modular single-family dwellings in support of a primary use;

(5) Small wind energy systems (SWES); and

(6) Large scale solar energy conversion facility.

(D) Prohibited uses. There shall be no noxious or offensive trade or activity which may be or may become an annoyance or nuisance, by reason of unsightliness, the excessive emissions of odors, dust, fumes, smoke or noise, excessive vibration, glare, heat, fire hazard, industrial waste or stockpiling:

(1) Extractive industries;

(2) Automobile and machinery wrecking, salvage, junkyard and similar types of used-material businesses;

(3) Livestock feed lots and sale barns;

(4) Packing plants and slaughterhouses; and

(5) Non adult educational facilities.

(E) Area regulations.

(1) Front setback: 25 feet. Building with sidewall height over 20 feet shall have a 40 foot front setback;

(2) Side setback: Ten feet;

(3) Rear setback: Ten feet;

(4) Minimum lot size: 15,000 square feet;

(5) Maximum lot coverage. 75%; and

(6) All outdoor storage shall be located behind an opaque screen which is not less than the height necessary to completely screen the use from view of the abutting public street. All fencing or screening shall meet the following criteria:

(a) Be aesthetically compatible with the building design and shall consist of: wood; vinyl; chain link with vinyl slats; masonry; or concrete;

(b) No fence or screen shall be permitted to extend closer to the street than the front building setback line;

(c) All fences and screening shall be maintained in good condition and in case of walls, shall be painted or stained; and

(d) No outdoor storage shall be permitted, even if conforming with the requirements of this division (E)(6), if the same shall create a health hazard for occupants of adjacent properties or the public.

(F) Height regulations. As per the Uniform Building Code (UBC) and in consultation with the Black Hills Airport Board or its designee.

(G) Minimum off-street parking and loading requirements. As regulated in §§ 156.062 and 156.064.

(1) No loading dock shall be constructed facing any public street unless it is constructed a minimum of 40 feet from the property line.

(2) All loading, unloading and maneuvering operations shall be off-street. No loading or unloading shall be permitted which will interfere with ingress or egress thereto. Driveways and access roads to loading or unloading facilities shall be paved at least as far as the defined setback area.

(3) Paved surface areas are required. All parking areas, circulation area loading/unloading areas shall be hard surfaced.

(H) Landscaping requirements. As regulated by Ch. 155.

(I) Signs. As regulated by § 156.065.

(Prior Code, App. A, Art. IV, § 8) (Ord. 969, passed 8-18-2003; Ord. 1032, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1199, passed 10-20-2014; Ord. 1260, passed 5-1-2017; Ord. 1296, passed 12-4-2018; Ord. 1301, passed 6-3-2019; Ord. 1303, passed 12-2-2019; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021)

§ 156.040 HEAVY INDUSTRIAL DISTRICT (IH).

(A) General description. This District is intended to:

(1) Reserve appropriately located areas for heavy industrial and related activities where the environmental impacts are of a different nature than in other commercial and industrial zones and ensure the continuity of locations for industries that can operate on sites with minimum mutual adverse impact; and

(2) Provide opportunities for certain types of industrial uses to concentrate in mutually beneficial relationships to each other.

(B) Primary uses permitted. Property and structures in the IH Heavy Industrial District shall be used for the following purposes:

(1) Large scale or small scale contractor;

(2) Manufacturing, fabricating, construction and construction trade-related activities, processing and warehousing which would not be compatible with a commercial, light industrial or residential environment;

(3) Outdoor storage;

(4) Public utility substations;

(5) Publicly owned structure/facility/park;

(6) Small scale solar energy conversion facility as an accessory to a primary use;

(7) Retail type 1 and 2 of goods manufactured onsite;

(8) Residential use for watchpersons or caretakers when employed on the premises;

(9) Service and repair establishments;

(10) Telecommunications facilities;

(11) Veterinary clinics for domesticated animals including pet daycare and overnight pet stays, with or without outdoor kennels and runs;

(12) Cannabis cultivation facilities;

(13) Cannabis testing facilities;

(14) Cannabis product manufacturing facilities; and

(15) Cannabis dispensaries.

(C) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(1) Extractive operations for sand, gravel, rock, minerals and similar materials;

(2) Processing facilities for food, beef, pork, fish, poultry, agricultural crops, timber, wood and similar raw materials;

(3) Small wind energy systems (SWES); and

(4) Large scale solar energy conversion facility.

(D) Area regulations.

(1) Front setback: 25 feet;

(2) Side setback: 25 feet;

(3) Rear setback: 25 feet;

(4) When the side or the rear of a lot is adjoining a residential district, a setback of no less than 50 feet shall be required and no development other than vegetative cover shall be permitted within setback area;

(5) Lot width: 100 feet except in cul-de-sac areas;

(6) Minimum lot size: 15,000 square feet minimum; and

(7) Maximum lot coverage: 75% lot coverage.

(E) Height regulations. As per adopted building code regulations; an applicant shall provide evidence that Black Hills Airport has been notified of structure height.

(F) Minimum off-street parking and loading requirements. As regulated in §§ 156.062 and 156.064.

(G) Signs. As regulated by § 156.065.

(Prior Code, App. A, Art. IV, § 9) (Ord. 969, passed 8-18-2003; Ord. 982, passed 5-21-2004; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1296, passed 12-3-2018; Ord. 1303, passed 12-2-2019; Ord. 1345, passed 7-6-2021; Ord. 1354, passed 10-18-2021)

§ 156.041 DEVELOPMENT REVIEW DISTRICT (DRD).

(A) General description. The purpose of the Development Review District (DRD) is to allow development of undeveloped parcels of land that, by virtue of their visually and/or environmentally unique location, lend themselves to a blend of diverse yet compatible uses, innovative layouts or sensitive designs. Development of such parcels shall be accomplished while meeting public requirements, including preservation, promotion and protection of open space, scenic vistas and natural resources, by the application of extra administrative controls. All final plans in the Development Review District shall be recommended by the Planning Commission and approved by the Common Council under the procedure set forth herein. Final approval by the Common Council is deemed to be an administrative act not subject to referendum.

(B) Uses, generally.

(1) Uses permitted. Property and structures in the DRD may be used for the following purposes:

(a) Commercial uses;

(b) Inpatient and outpatient health care facilities and clinics;

(d) Religious and educational facilities and institutions;

(e) Light manufacturing and office park uses;

(f) Public and private recreation facilities and their ancillary services;

(g) Variable density housing;

(h) Public and private transportation, utility and public safety facilities;

(i) Agricultural uses;

(j) Telecommunications; and

(k) Small scale solar energy conversion facility as an accessory to a primary use.

(2) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(a) Small wind energy systems (SWES) for lots designated by the concept plan as being commercial, open space or other nonresidential land use;

(b) Telecommunications facilities; and

(1) New and used vehicle or machinery sales and service;

(2) Manufactured home sales;

(3) Building material sales;

(4) Truck terminals, stand-alone warehouse facilities;

(5) Use requiring unscreened outside storage; and

(6) Industrial uses.

(D) Minimum requirements for improvements and design.

(1) General. Minimum requirements for improvements and design are not subject to modification by the procedure outlined in § 156.081. Projects that exceed the minimum requirements are encouraged.

(2) Area regulations.

(a) Front, side and rear setbacks, lot width and size are governed by the minimum requirements for parking and open space as described per divisions (D)(3) and (D)(6) below.

(b) Height restrictions:

1. Commercial uses: 12 stories;

2. Residential uses: three stories; and

3 All other uses: five stories.

(3) Parking. For individual uses, or approved as a comprehensive parking plan for integrated uses or for the overall development, as regulated by §§ 156.062 and 156.064.

(4) Lighting. All lighting shall be fully shielded, 85% full cut-off fixtures.

(5) Signs. As regulated for individual uses in § 156.065, or approved as a comprehensive signage plan for the overall development which, when evaluated as a whole, meets the intent of § 156.065. All illuminated signage shall be down-lighted or back-lighted.

(6) Open space.

(a) Common open space. A minimum total area of 10% of the land included in the application shall be comprised of common open space,

which shall be used for amenity or active or passive recreational use. Open space containing natural features may be left unimproved.

(b) Individual lot open space. Commercial: 20%; all other uses: 30%.

(7) Landscaping. Each application shall include a comprehensive landscaping plan showing the location and species of all plant materials and an irrigation plan, meeting the minimum requirements of Ch. 155. Additional requirements in the form of berms, open yard buffer areas, landscape islands and live and/or constructed screening are encouraged and may be imposed as conditions of landscape plan approval.

(8) Transportation system. Each application shall include a transportation plan showing points of ingress and egress, circulation pattern and integration with the system to which it relates.

(a) All streets, sidewalks, pedestrian ways and rights-of-way to be dedicated to the city shall conform to the minimum requirements of Ch. 154, as adopted and in effect when the plan is approved.

(b) All streets, sidewalks, pedestrian ways and rights-of-way to remain private shall be subject to approval as part of the overall development plan.

(E) Process overview; applying the DRD zoning for the first time. In traditional zoning districts, development standards are uniform and contained within the zoning code. However, the development standards in DRD zoning are unique and are fashioned and applied to the particular land being developed. These development standards take the form of a concept plan and a final plan. DRD zoning must always include an associated concept plan or final plan. There are two ways to secure development approval with the DRD zoning. The applicant may choose from two types of DRD review processes:

(1) Two-step approval; concept plan approval followed by final plan approval at a later point in time. Typically, the two-step process is used when a project includes any one of the following:

(a) More than one land use;

(b) More than one parcel developer;

(d) Build-out takes place over a period of many years; or

(e) Exact locations of site improvements is unknown at the time DRD is requested.

(2) One-step approval; final plan. If site development will commence in one clearly defined time frame following zoning approval, only a final plan approval is required at the time DRD zoning is requested. The final plan contains all of the information required to effectuate a change of zoning, and thus a separate concept plan is unnecessary. For one-step approvals, the final plan will be evaluated using both the concept plan and final plan criteria.

(F) Concept plan. The concept plan depicts a general configuration and description of proposed land uses, structures, lot sizes and street and pedestrian networks. The concept plan is intended to be flexible and will provide an overall framework within which specific development will take place through the approval of the final plan.

(1) Concept plan submittal requirements. At the time of the initial request to change zoning to DRD, or for a revision to a previously approved concept plan, the following information must be included in the concept plan:

(a) Ownership and legal description of the property included in the project and of adjoining properties;

(b) Significant topographical features, including, but not limited to, watercourses, drainages, mountains and outcroppings, forested areas and historical/archeological sites/structures listed on the National Register of Historic Places or the State Register of Historic Places;

(c) Approximate location, size, scale and use of all existing and proposed land uses, structures, improvements and facilities to be constructed/reconstructed;

(d) Schedule of minimum setbacks for each type of land use;

(e) Proposed areas to be designated as open space, landscape areas, recreation areas or areas to be held in common ownership;

(f) A conceptual street plan showing projected locations for ingress and egress and internal circulation patterns;

(g) Application form and rezoning fee according to the approved fee schedule; and

(h) Such other conceptual information that is deemed appropriate by the Planning Commission.

(2) Concept plan approval criteria. In consideration of a request for concept plan approval, the Planning Commission and City Council shall take into account factors including, but not limited to:

(a) Conformance with the goals and policies of the comprehensive plan;

(b) Compatibility with and relationship to existing and potential uses adjacent to the proposed project;

(c) Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties;

(d) Community benefit of the proposed use(s);

(e) Aesthetic considerations related to the scope and size of the proposed use(s);

(f) Adequacy of public services for the proposed use(s); and

(g) Testimony received from the public at the public hearing.

(3) Concept plan review process and public hearing notice requirements.

(a) Upon receipt of a complete application containing the required information, the Zoning Administrator shall forward the concept plan for review and comment to all city department heads, the City Historic Preservation Commission and any applicable county, state and federal highway authority if the parcel receives access not within the right-of-way permitting jurisdiction of the city.

(b) The concept plan shall be presented at a meeting of the Planning Commission, which shall set a Planning Commission public hearing date. Alternatively, the Planning Commission may require additional information be provided before setting a public hearing date.

(c) The applicant shall, by certified mail, notify all property owners in the city limits within 140 feet of the property and owners of physically adjoining property outside the city limits of the Planning Commission’s public hearing. This notice shall be postmarked a minimum of ten days prior to the Planning Commission’s public hearing and shall include the hearing date, time and location.

(d) A notice containing the date, time and place of the Planning Commission’s public hearing shall be published in the official newspaper of the city. Such notice shall appear a minimum of ten days prior to the public hearing.

(e) Upon completion of the noticing requirements, the Planning Commission shall hold a public hearing and forward its recommendation to the City Council, fully setting forth the conditions of concept plan approval in its recommendation.

(f) A notice containing the date, time and place of the City Council’s public hearing shall be published in the official newspaper of the city. Such notice shall appear once for two consecutive weeks prior to the public hearing.

(g) Upon receiving public hearing testimony, the City Council shall take action on the concept plan and, if approved, shall provide written conditions of concept plan approval.

(G) Final plan. The final plan depicts detailed site development information and is required to be submitted after the approval of a concept plan, or along with the initial request to change zoning to DRD if the one-step approval process is used. In no instance may other related approval activities such as subdivision platting or issuance of a building permit commence without the approval of the final plan.

(1) Final plan submittal requirements. All final plans must include the following information:

(a) The ownership and legal description of the property included in the project and of adjoining properties;

(b) Location and siting, size and use of all structures, building setbacks, improvements and facilities to be constructed/reconstructed by the applicant, if applicable;

(c) Architectural elevations of all commercial and multi-family (three or more attached units) structures, if applicable;

(d) Location of all points of ingress and egress and their relationship to the existing transportation system and internal traffic circulation pattern;

(e) Street widths, materials of construction and curb/gutter, sidewalk and recreation paths, if applicable;

(f) Landscape plan, if applicable;

(g) Lighting plan;

(h) Parking plan;

(i) Drainage plan;

(j) Designation of all areas to be dedicated to the public or held in common ownership;

(k) Proposed covenants and restrictions, if applicable;

(l) Such other architectural and engineering data as may be required by the Planning Commission; and

(m) A preliminary plat may be submitted as a part of the final plan.

(2) Final plan approval criteria.

(a) In consideration of a request for final plan approval, the Planning Commission and City Council shall take into account of the following factors both the one-step and two-step types of final plan approval:

1. Conformance with permitted used, prohibited uses and minimum requirements for improvement and design;

2. Site and building design compatibility with and relationship to existing and potential uses adjacent to the proposed project;

3. Aesthetic considerations related to the scope and size of the proposed use(s);

4. Public safety issues relating to projected traffic generated by the proposed uses and to the existing or potential transportation system of adjoining properties; and

5. Testimony received from the public, and comments received by departments, agencies and commissions as provided in divisions (F)(3)(a) above or (G)(4)(a) below, as applicable.

(b) In addition to the approval criteria above, for one-step final plans, (concurrent change of zoning plus final plan approval) the following shall also be taken into consideration:

1. Community benefit of the proposed use(s);

2. Conformance with the goals and policies of the comprehensive plan and compatibility with surrounding land uses; and

3. Adequacy of public services for the proposed use(s).

(3) Two-step final plan review process and meeting notice requirements.

(a) Final plans shall require a Planning Commission recommendation to the City Council who shall approve or deny on the final plan.

(b) Property owners within 140 feet of the property where final plan approval is sought shall be notified of the time, place and date for when the final plan approval will be discussed by the Planning Commission and City Council.

1. Mailed notice sent by regular first class mail by the applicant and postmarked not less than seven days before the date of the Planning Commission meeting, with the date of the meeting counted as the seventh day; and

2. A sign posted on the site where approval is sought that provides the time, place and date for when the final plan approval will be discussed by the Planning Commission and City Council. The sign shall conform to the standards established by the Zoning Administrator and shall be posted not less than seven days before the date of the Planning Commission meeting, with the date of the meeting counted as the seventh day.

(4) One-step final plan review process and public hearing notice requirements.

(a) Upon receipt of a complete application, the Zoning Administrator shall forward the final plan for review and comment to all city department heads, the City Historic Preservation Commission and any applicable county, state and federal highway authority if the parcel receives access not within the right-of-way permitting jurisdiction of the city.

(b) The final plan shall be presented at a meeting of the Planning Commission, which shall set a Planning Commission public hearing date. Alternatively, the Planning Commission may require additional information be provided before setting a public hearing date.

(c) The applicant shall, by certified mail, notify all property owners in the city limits within 140 feet of the property and owners of physically adjoining property outside the city limits, of the Planning Commission’s public hearing. This notice shall be postmarked a minimum of ten days prior to the Planning Commission’s public hearing and shall include the date, time and location.

(e) Upon completion of the noticing requirements, the Planning Commission shall hold a public hearing and forward a recommendation to the City Council, fully setting forth its findings and conditions, if any, pertaining to the recommendation.

(g) Upon receiving public hearing testimony, the City Council shall take action on the request for rezoning to the DRD and approval of the final plan. If approved, written conditions of final plan approval shall be provided.

(H) Revisions to an approved DRD concept plan or final plan. After approval of a final plan or concept plan, no substantial change in either plan, as determined by the Zoning Administrator, may be made without obtaining the recommendation of the Planning Commission and approval of the City Council, following the same procedure of the original applicable plan approval.

(Prior Code, App. A, Art. IV, § 10) (Ord. 969, passed 8-18-2003; Ord. 999, passed 2-7-2005; Ord. 1030, passed 6-19-2006; Ord. 1122, passed 8-16-2010; Ord. 1183, passed 12-16-2013; Ord. 1266, passed 9-18-2017; Ord. 1303, passed 12-2-2019; Ord. 1354, passed 10-18-2021 ; Ord. 1391, passed 9-16-2024) )

§ 156.042 AIRPORT ZONING DISTRICT (APZ).

(A) General description. The purpose of the Airport Zoning District (APZ) is to provide for and promote the aviation and economic development potential of Black Hills Airport/Clyde Ice Field. This District shall apply to all existing and future properties included in the ownership boundaries of the airport. To achieve its purpose, the District shall, in concert with the airport master plan:

(1) Reserve appropriately located areas for business, industry and aviation and to provide and ensure the continuity of locations for uses that can operate on sites with maximum mutual beneficial impact;

(2) Establish and maintain high standards of site planning, architecture and landscape design that will create a safe and attractive environment for business and industry, while maximizing the protection of the aviation mission of the airport;

(3) Protect areas appropriate for business, industry and aviation from intrusion by inharmonious uses; and

(4) Provide opportunities for certain types of industrial, business, residential and aviation uses to concentrate in mutually beneficial relationships to each other without compromising the primary mission of aviation.

(B) Use, generally.

(1) Primary uses permitted. Property and structures in the APZ Airport Zoning District shall be used for the following purposes:

(a) All aviation and related uses;

(b) Light industries and businesses that operate solely within the confines of an enclosed structure and whose activities do not cater to the general public;

(c) Residential use shall be limited to those areas designated as “Residential Air Park” (RAP), by the airport master plan, as from time-to-time may be amended;

(d) Small scale solar energy conversion facility as an accessory to a primary use; and

(e) Telecommunications facilities.

(2) Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:

(a) Small wind energy systems (SWES);

(b) Telecommunications facilities; and

(1) There shall be no activity which may be or may become an annoyance, nuisance, hindrance or threat to aviation activity. No activity shall be permitted until clearance/approval has been received by all applicable local, state and federal agencies having jurisdiction over airport property.

(2) Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(D) Building permits required. No material change shall be made in the use of land, no structure shall be erected or otherwise established, and no landscaping shall be planted in the District hereby created unless a permit has been applied for and granted by the city. Each application for a permit shall be accompanied by a site and construction plan approved by the airport board. No permit for a use inconsistent with the provisions of this chapter shall be granted.

(E) Area regulations.

(1) Residential, business and light industrial uses.

(a) Minimum platted lot size: 20,000 square feet;

(b) Minimum platted lot width: 100 feet at the front property line; and

1. Front: 35 feet;

2. Side: 12 feet; and

3. Rear: ten feet, except where abutting residential uses: 50 feet.

(2) Hanger facilities.

(a) No minimum platted or leased lot size; and

(b) Hangers shall maintain a minimum 12-foot setback from all structures.

(3) Height regulations. Not to exceed controlling structure elevations specified by the airport airspace plan.

(4) Special requirements. The following special requirements shall apply to each permitted use:

(a) Lighting.

1. A pulsating, flashing, rotating, oscillating or other type of lighting intended as an attention-getting device shall be expressly prohibited.

2. Flood lights, spot lights or other lighting device shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground.

3. Any light which constitutes a “misleading light” within the meaning of regulations adopted by the Federal Aviation Administration, is expressly prohibited.

(b) Radio and electronic.

1. Any FCC-regulated radio or electronic device shall be permitted only in conjunction with a valid license or authorization issued by the Federal Communications Commission.

2. Any radio or electronic device, the operation of which would violate any rules or regulations of the Federal Communications Commission is expressly prohibited.

3. Any operation or use that emits smoke, dust or any visible fumes or vapors into the atmosphere, excluding normal residential and HVAC emissions, shall be expressly prohibited.

4. No fence shall be permitted which impedes aviation sight distances, poses a security risk to aviation activities, exacerbates snow drifting in any approach or transitional sub-zone, or in any manner poses an adverse effect on the safe and efficient utilization of navigable areas of the airport.

(5) Paved vehicle parking.

(a) Terminal: one space per 15 square feet of assembly area plus one space per employee.

(b) Hangars: one space per aircraft.

(d) Parking: for uses listed in divisions (E)(5)(a) through (E)(5)(c) above, parking may be provided in a central location.

(e) Residential air park, light industry and business uses: as regulated by §§ 156.062 and 156.064.

(Prior Code, App. A, Art. IV, § 11) (Ord. 969, passed 8-18-2003; Ord. 1122, passed 8-16-2010; Ord. 1303, passed 12-2-2019; Ord. 1354, passed 10-18-2021)

§ 156.043 FLOOD HAZARD AREAS.

(A) General description. The designation of flood hazard areas by the Federal Emergency Management Agency and adopted by the city is for the protection of drainageways to permit the unimpeded flow of surface run-off without endangering life and health or causing property damage due to flooding by controlling the nature and intensity of land uses and the location, elevation and quality of structures in the floodplain. Flood hazard areas may overlay all zoning districts within the jurisdiction of this chapter.

(B) Uses permitted. All uses permitted shall be regulated by the Floodplain Administrator in accordance with Ch. 151.

(Prior Code, App. A, Art. IV, § 12) (Ord. 969, passed 8-18-2003)

§ 156.044 ADULT-ORIENTED BUSINESSES.

(A) Adult-oriented businesses, as defined in Ch. 116, shall be allowed in C-2 Zoning Districts.

(B) No adult-oriented business may be located within 1,320 feet (including public rights-of-way) of a residence, childcare center or daycare home; nursing home, assisted living or other similar facility providing care for elderly or disabled; any public or private school including elementary, middle, secondary school, high school, instructional school; vocational high school, trade school, college or university; public park, public open space or publicly owned property; game center or arcade, public library, church, synagogue, temple or other house of worship, the premises of any on/off-sale alcoholic beverage licensee. In addition, no adult-oriented business shall be located within 1,320 feet of another adult-oriented business.

(C) For the purpose of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult-oriented business to the nearest point on the property line of a parcel containing the uses as listed in division (B) above.

(D) An adult-oriented business lawfully operating in conformity with this section does not violate this section if any of the uses in division (B) above subsequently locates within 1,320 feet of the adult-oriented business.

(Prior Code, App. A, Art. IV, § 13) (Ord. 1006, passed 5-16-2005; Ord. 1143, passed 9-19-2011)

§ 156.045 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT.

(A) The Downtown Business Improvement District is hereby established pursuant to the provisions of SDCL Ch. 9-55.

(B) The purposes of the District and the public improvements of facilities to be included in the Downtown Business Improvement District are as follows:

(1) The acquisition, construction, maintenance and operation of public off-street parking facilities for the benefit of the District area;

(2) Improvement of any public place or facility in the District area, including landscaping and plantings;

(3) Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;

(4) Leasing, acquiring, constructing, reconstructing, extending, maintaining or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the District area;

(5) Creation and implementation of a plan for improving the general architectural design of public areas in the District area;

(6) The development of any activities and promotion of the District area;

(7) Maintenance, repair and reconstruction of any improvements or facilities authorized by this chapter;

(8) Any other project or undertaking for the betterment of the facilities in the District area, whether the project is capital or noncapital in nature;

(9) Enforcement of parking regulations within the District area; and

(10) Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter and providing for any service that is necessary or proper to carry out the purposes of this chapter.

(C) The description of the boundaries of the Downtown Business Improvement District as indicated by the plat showing the exterior boundaries of the Downtown Business Improvement District have been prepared and filed with the City Administrator, and a copy of which is attached to the ordinance codified in this section as Exhibit A and incorporated herein by reference.

(D) The real property located in the boundary of the Downtown Business Improvement District shall be subject to a special assessment authorized by SDCL § 9-55-2.

(E) The method of assessment to be imposed on the real property within the Downtown Business Improvement District shall be as follows: The initial assessment shall be based upon running street feet of the property depending on the street upon which the property lies plus any additional assessment requested by the Downtown Business Improvement District Board.

(F) The District shall be entitled to impose any special assessment upon the property within a Business Improvement District in the municipality or a general business license and occupation tax on businesses and users of space within a Business Improvement District or both, as may be authorized by SDCL Ch. 9-55.

(Prior Code, App. A, Art. IV, § 14) (Ord. 1110, passed 12-7-2009)

§ 156.046 CANNABIS ESTABLISHMENTS.

(A) Regulations established. In order to balance the various interests and manage the effects cannabis establishments have on adjacent land uses and to promote the public health, safety and general welfare of the city, the Common Council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city’s residential and commercial neighborhoods. Adoption of this chapter is not intended to unreasonably restrict the opportunity of cannabis establishments to locate in the city but is for the purpose of preventing a concentration of certain cannabis establishments in any one area.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL § 34-20G-1.

CANNABIS (OR MARIJUANA). All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells cannabis and related supplies to a cannabis establishment.

CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that is a retail type 1 setting and acquires, possesses, stores, delivers, transfers, transports, sells, supplies or dispenses cannabis, cannabis products, paraphernalia or related supplies and educational materials.

CANNABIS ESTABLISHMENT. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility or a cannabis dispensary.

CANNABIS ESTABLISHMENT, UNLICENSED. An entity that would otherwise meet the definition of a cannabis establishment, but which is not legally licensed by the city and does not have a current and valid registration certificate issued by the State Department of Health.

CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells cannabis products to a cannabis dispensary.

CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts and products that are infused with cannabis or an extract thereof and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils and tinctures.

CANNABIS TESTING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.

PUBLIC OR PRIVATE SCHOOL. Any preschool, elementary school, middle school, secondary school or high school. The term also includes any daycare or childcare center.

(1) No cannabis cultivation facility may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis cultivation facility is a permitted use in the following zoning districts: Ag (Agriculture), IH (Heavy Industrial) and ILR (Light/Restrictive Industrial).

(2) No cannabis cultivation facility may be located or operate within 1,000 feet of a public or private school or a residence. The 1,000-foot distance requirement for a residence does not apply to a residence located on the same lot as a cannabis cultivation facility.

(D) Regulations relating to cannabis testing facilities.

(1) No cannabis testing facility may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis testing facility is a permitted use in the following zoning districts: Ag (Agriculture), C-1 (Central Commercial), C-2 (Highway Service Commercial), C-3 (Office Commercial District), ILR (Light/Restrictive Industrial) and IH (Heavy Industrial).

(2) No cannabis testing facility may be located or operate within 1,000 feet of a public or private school.

(E) Regulations relating to cannabis product manufacturing facilities.

(1) No cannabis product manufacturing facility may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis product manufacturing facility is a permitted use in the following zoning districts: Ag (Agriculture), C-2 (Highway Service Commercial), ILR (Light/Restrictive Industrial) and IH (Heavy Industrial).

(2) No cannabis product manufacturing facility may be located or operate within 1,000 feet of a public or private school or a residence.

(F) Regulations relating to cannabis dispensaries.

(1) No cannabis dispensary may be located or operate at a location within the city’s zoning jurisdiction except as provided in this section. A cannabis dispensary is a permitted use in the following zoning districts: C-1 (Central Commercial), C-2 (Highway Service Commercial), ILR (Light/Restrictive Industrial) and IH (Heavy Industrial).

(2) No cannabis dispensary may be located or operate within 1,000 feet of a public or private school.

(G) Unlicensed cannabis establishments. Unlicensed cannabis establishments are prohibited from being located or operating in any zoning district.

(H) Measurements. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a cannabis establishment to the nearest point on the property line of a parcel containing a use listed in divisions (C) through (F) above.

(I) Exceptions. A cannabis establishment lawfully operating in conformity with this section does not violate this section if any of the uses in divisions (C) through (F) above subsequently locates within 1,000 feet of the cannabis establishment.

(J) Violations. It is unlawful to own, manage or operate a cannabis establishment in a Development Review District or zoning districts other than the zoning districts permitted by the criteria of this section. A violation of this provision is subject to the general penalty provision in § 10.99. Each day of violation constitutes a separate offense.

(K) Recreational vehicles. A recreational vehicle as defined in § 156.004 or a tent are not residences under this section.

(Prior Code, App. A, Art. IV, § 15) (Ord. 1345, passed 7-6-2021) Penalty, see § 156.999

§ 156.047 SOLAR ENERGY CONVERSION FACILITIES.

(A) Regulations established. To enable the development of renewable energy sources to further the city’s commitment to sustainability, this chapter are intended to mitigate any potential public safety and nuisance concerns and locate installations where visual impacts to adjoining land uses are minimized.

(B) Standards for small scale solar energy conversion facilities.

(1) The area regulations of setback, height and lot coverage of the applicable zoning district apply to solar panels.

(2) Where a maximum lot coverage is not specified in the applicable zoning district, the maximum solar panel footprint is 2,500 square feet.

(3) Where a maximum building height for an accessory use is not specified in the applicable zoning district, the maximum height of a ground mounted solar panel is 15 feet above existing grade.

(1) Large scale solar energy conversion facilities will be evaluated by the points criteria of Table A and the conditional use permit criteria and approval process.

(2) A total score of a maximum of ten points from Table A is required.

(3) The points in Table A are ineligible for modification through a variance request.

(4) Fencing is required around all solar panels and related buildings and equipment.

(5) Financial assurance provided in a form acceptable to the city shall be provided prior to the issuance of site construction permits to ensure future decommission of the panels and equipment and site restoration.

Table A – Large Scale Solar Energy Conversion Facilities*
Category	Point Value
Solar panel maximum height:
10 feet or less	-10
Equal to the zoning district maximum	+20
More than 10 feet and less than zoning district maximum	+10
Visual mitigation of public view:
Buffers to adjoining residential land uses:
Existing or new site feature will partially limit visibility	-10
Existing or new site feature will completely restrict visibility	-20
No buffer provided	+20
Not applicable	0
Panels are clearly visible from all public viewpoints	+20
Panels are partially visible from a public viewpoint	-10
Panels are not visible from a public viewpoint	-30
Setback to all solar panels, equipment and structures (measured at the shortest distance from any property line):
100 feet or more	-20
50 feet or more and less than 100 feet	-10
Minimum of 25 feet and less than 50 feet	0
Solar panel footprint:
1 acre or more and less than 5 acres	+25
5 acres or more and less than 10 acres	+30
10 acres or more and less than 20 acres	+35
20 acres or more	+40
5,000 square feet or more and less than 10,000 square feet	+10
10,000 square feet or more and less than 25,000 square feet	+15
25,000 square feet or more and less than 1 acre	+20
More than 2,500 square feet and less than 5,000 square feet	+5
Overhead utility mitigation:
Electrical and communication wire located underground	-10
*Only one point value is permitted in each category

(Prior Code, App. A, Art. IV, § 16) (Ord. 1354, passed 10-18-2021)