Vermillion City Zoning Code
DISTRICTS AND
BOUNDARIES; ZONING MAP
§ 155.025 DISTRICTS DESIGNATED.
The city is hereby divided into the following districts:
(A) NRC Natural Resource Conservation.
(B) R-1 Residential.
(C) R-T Residential.
(D) R-2 Residential.
(E) R-3 Residential.
(F) R-4 Manufactured Housing.
(G) CB Central Business.
(H) GB General Business.
(I) NC Neighborhood Commercial.
(J) GI General Industrial.
(K) HI Heavy Industrial.
(L) PD Planned Development.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
§ 155.026 ADOPTION OF OFFICIAL ZONING MAP.
The official zoning map for the city, on record with the Zoning Administrator and the Finance Officer, is hereby adopted by reference and declared to be a part of this chapter. The zoning map shall include Ordinance 1408 amending the zoning map.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
§ 155.027 CHANGES TO OFFICIAL ZONING MAP.
Changes to or replacement of the official zoning map shall require amendment of these regulations by chapter, as provided for in § 155.101 of these regulations.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
§ 155.028 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of the districts as shown on the official zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following platted lot lines or city limits shall be interpreted to follow such platted lot lines or city limits;
(B) Boundaries indicated as approximately following railroad lines shall be interpreted to be midway between the main tracks;
(C) Boundaries indicated as approximately following the center lines of streets or other rights-of-way, or streams or other bodies of water, shall be interpreted to follow such center lines;
(D) Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, the Board of Adjustment, as established in § 155.100 shall interpret the district boundaries.
(E) Where a district boundary line divides a lot, which was in single ownership at the time of passage of this chapter, the Board of Adjustment may permit, as an extension of the regulations for either portion of the lot into the remaining portion of the lot.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
§ 155.029 ANNEXATIONS.
In all territories, which may hereafter be annexed to the city, the zoning districts, as they exist in the extraterritorial area or the county, shall be discontinued and automatically be placed in the NRC zoning district. Refer to § 155.101 to rezone the newly annexed territory.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
§ 155.030 NRC NATURAL RESOURCE CONSERVATION DISTRICT.
The purpose of this district is to preserve lands best suited for natural drainage areas, public open space, and agricultural uses from encroachment by incompatible uses. The area will also provide protection from floods and erosion, to protect views, to preserve natural settings for wildlife habitats, and to add to the aesthetic and environmental quality of the community.
(A) Permitted uses.
Permitted Use
|
Applicable Standards
|
Permitted Use
|
Applicable Standards
|
Agriculture | § 155.070 |
Golf course | |
Public park areas | § 155.070 |
Cemeteries | At least 2 acres in size and adequate road system within cemetery. § 155.070 and not within an identified floodplain area. |
Electrical substation | An opaque screen, 6 feet in height located at all setback lines. |
Public utility facilities | |
Wireless communications facilities | § 155.075 and not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Roadside stands | Subject to the seasonal sale of farm products, which are produced upon the premises. § 155.070 |
Municipally-owned airport | §§ 155.070, 155.072, 155.073, 155.077 (See Chapter 91 of this code) |
(B) Conditional uses.
Conditional Uses | Applicable Standards |
Conditional Uses | Applicable Standards |
Accessory building or use | |
Wireless communications facilities | |
Municipally-owned waste water treatment facility | |
Veterinarian, large animal | Located on a tract of land of not less than 10 acres and that no treatment rooms or pens for animals shall be maintained closer than 200 feet to any property line. * |
Veterinarian, small animal | Located on a tract of land of not less than 10 acres and that no treatment rooms or pens for animals shall be maintained closer than 200 feet to any property line. * |
Bed and breakfast establishment | |
Wind energy conversion system | |
Telecommunications tower | |
* Measured from the closest point of the structure to property line | |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area. Values listed are minimums, unless otherwise stated.
Lot Area | Lot Width | Front Yard | Side Yard | Rear Yard | Maximum Height | |
All uses | 1 acre | 75 feet | 30 feet | 8 feet | 25 feet | 35 feet |
Exceptions: | ||||||
#1 A conditional use permit will be required for any structure having a maximum height exceeding 35 feet (§ 155.095(A)) | ||||||
#2 See adjustments to yard regulations (§ 155.082) for specific exceptions | ||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1359, passed 9-18-2017; Am. Ord. 1366, passed 2-5-2018; Am. Ord. 1409, passed 12-2-2019)
§ 155.031 R-1 RESIDENTIAL DISTRICT.
The purpose of this district is to provide for certain low density residential areas the city now developed primarily with single-family detached dwellings.
(A) Permitted use.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Single-family detached dwellings | |
Churches | All parking lots being 8 feet from all residential uses, or zoned property. |
Libraries | All parking lots being 8 feet from all residential uses, or zoned property. |
Schools | All parking lots being 8 feet from all residential uses, or zoned property. One of the principle frontages shall abut upon an arterial or collector street as defined by the city’s major street plan map. |
Public park areas | § 155.070 |
Golf course | |
Neighborhood utility facility | § 155.070 |
Electrical substation | |
Day care, family | All applicable dwelling standards apply. |
Day care, group | A safe pickup and drop off area must be provided for the children. All applicable dwelling standards apply. |
Group home | Structure must be a single housekeeping unit. Applicant must provide copy of state agency license. All dwelling standards apply. |
Adult day services | |
Wireless communications facilities | § 155.075, not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Accessory building or use | |
Bed and breakfast establishment | |
(B) Conditional uses.
Conditional Use | Applicable Standards |
Dwelling, single-family attached | §§ 155.070, 155.072, 155.076, 155.077, maximum of 4 structures with 2 or more single-family attached dwellings within 400-feet of proposed lot. Proposed single-family attached dwellings structure shall count towards the 4 structure maximum. |
Wireless communications facilities | |
Public service facility | § 155.070 |
Off-premise parking | § 155.095(A) |
Law enforement facility with the ability to house incarcerated persons |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area. Values listed are minimums, unless otherwise stated.
Lot Area
|
Frontage
|
Building Line
|
Front Yard
|
Side Yard
|
Rear Yard
|
Maximum Height |
Lot Area
|
Frontage
|
Building Line
|
Front Yard
|
Side Yard
|
Rear Yard
|
Maximum Height | |
Dwelling, single-family detached | 6,500 square feet | 50 feet | 65 feet see #2 | 30 feet see #4 | 8 feet see #3 | 25 feet | 35 feet |
Dwelling, single-family attached | 2,500 square feet | 36 feet | 36 feet | 30 feet see #4 | 0 feet or 8 feet on non-party wall side | 25 feet | 35 feet |
All other uses | 7,500 square feet | 50 feet | 75 feet | 30 feet see #4 | 30 feet see #1, #3 | 25 feet | 35 feet |
Exceptions:
| |||||||
#1 The side yard will be required to be increased by 10 feet when the building is 3 stories in height or more.
| |||||||
#2 A residence may be constructed on a lot-of-record.
| |||||||
#3 There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
| |||||||
#4 One required front yard may be reduced to 25 feet on corner lots.
| |||||||
#5 See also adjustments to yard regulations (§ 155.082) for other specific exceptions. | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1279, passed 6-18-2012; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1473, passed 12-19-2022)
§ 155.032 R-T RESIDENTIAL DISTRICT.
(A) Permitted uses. The purpose of this district is to provide for single-family attached dwelling areas in the city.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Dwelling, single-family attached | |
Church | All parking lots being 8 feet from all residential uses, or zoned property. |
Libraries | All parking lots being 8 feet from all residential uses, or zoned property. |
Schools | All parking lots being 8 feet from all residential uses, or zoned property. |
Public park areas | § 155.070 |
Golf course | |
Electrical substation | |
Day care, family | All applicable dwelling standards apply. |
Day care, group | A safe pickup and drop off area must be provided for the children. All applicable dwelling standards apply. |
Adult day services | |
Neighborhood utility facility | § 155.070 |
Group home | Structure must be a single housekeeping unit. Applicant must provide copy of state agency license. All applicable dwelling standards apply. |
Wireless communications facilities | § 155.075, not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Bed and breakfast establishment | |
Accessory building or use | |
(B) Conditional uses.
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area. Values listed are minimums, unless otherwise stated.
Lot Area
|
Frontage
|
Building Line
|
Front Yard
|
Side Yard
|
Rear Yard
|
Maximum Height | |
Dwelling, single- family attached (see #5) | 2,500 square feet | 25 feet | 25 feet | 25 feet see #3 | 0 feet or 8 feet on nonparty wall side | 25 feet | 35 feet |
All other uses | 6,000 square feet | 50 feet | 60 feet | 25 feet see #3 | 15 feet | 25 feet | 35 feet |
Exceptions: #1 There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot. #2 A residence may be constructed on a lot-of-record. #3 One required front yard may be reduced to 20 feet on corner lots. #4 See also adjustments to yard regulations (§ 155.082) for other specific exceptions. #5 Every 2 units will be staggered. | |||||||
(Ord. 1409, passed 12-2-2019; Am. Ord. 1445, passed 12-6-2021)
§ 155.033 R-2 RESIDENTIAL DISTRICT.
(A) Permitted uses. The purpose of this district is to provide for certain low to medium density residential areas in the city.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Dwelling, single-family detached | |
Dwelling, single-family attached | |
Dwelling, multiple-family | |
Church | All parking lots being 8 feet from all residential uses, or zoned property. |
Libraries | All parking lots being 8 feet from all residential uses, or zoned property. |
Schools | All parking lots being 8 feet from all residential uses, or zoned property. |
Public park areas | § 155.070 |
Golf course | |
Hospital | |
Clinic | |
Private club | |
Electrical substation | |
Day care, family | All applicable dwelling standards apply. |
Day care, group | A safe pickup and drop off area must be provided for the children. All applicable dwelling standards apply. |
Adult day services | |
Neighborhood utility facility | § 155.070 |
Group home | Structure must be a single housekeeping unit. Applicant must provide copy of state agency license. All applicable dwelling standards apply. |
Wireless communications facilities | § 155.075, not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Bed and breakfast establishment | |
Accessory building or use | |
(B) Conditional uses.
Conditional Use | Applicable Standards |
Conditional Use | Applicable Standards |
Fraternities and sororities | |
Assisted living center and congregate care facility | Applicant must provide copy of South Dakota Department of Health license. All multiple dwelling standards apply. |
Nursing home | Applicant must provide copy of South Dakota Department of Health license. |
Wireless communications facilities | |
Public service facility | § 155.070 |
Off-premise parking | § 155.095(A) |
Law enforcement facility with the ability to house incarcerated persons | |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area. Values listed are minimums, unless otherwise stated.
Lot Area | Frontage | Building Line | Front Yard | Side Yard | Rear Yard | Maximum Height |
Lot Area | Frontage | Building Line | Front Yard | Side Yard | Rear Yard | Maximum Height | |
Dwelling, single-family detached dwellings (see #2) | 6,500 square feet | 50 feet | 65 feet see #2 | 25 feet see #3 | 8 feet | 25 feet | 35 feet |
Dwelling, single-family attached (see #5) | 2,500 square feet | 25 feet | 25 feet | 25 feet see #3 | 0 feet or 8 feet on nonpart y wall side | 25 feet | 35 feet |
Dwelling, multiple-family (maximum of 16 bedrooms per lot, number of bedrooms per dwelling unit cannot exceed 4) | 7,500 square feet | 50 feet | 75 feet | 25 feet see #3 | 8 feet side | 25 feet | 35 feet |
Boarding house | 7,500 square feet | 50 feet | 65 feet | 25 feet see #3 | 8 feet | 25 feet | 35 feet |
Fraternities and sororities | 7,500 square feet | 50 feet | 65 feet | 25 feet see #3 | 8 feet | 25 feet | 35 feet |
All other uses | 6,000 square feet | 50 feet | 60 feet | 25 feet see #3 | 15 feet | 25 feet | 35 feet |
Exceptions: #1 There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot. #2 A residence may be constructed on a lot-of-record. #3 One required front yard may be reduced to 20 feet on corner lots. #4 See also adjustments to yard regulations (§ 155.082) for other specific exceptions. #5 Every 2 units will be staggered. | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1275, passed 5-21-2012; Am. Ord. 1339, passed 5-16-2016; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1445, passed 12-6-2021)
§ 155.034 R-3 RESIDENTIAL DISTRICT.
The purpose of this district is to provide for certain high density residential areas the city.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Dwelling, single-family detached | |
Dwelling, single-family attached | |
Dwelling, multiple-family | |
Boarding house | |
Fraternities and sororities | |
Church | All parking lots being 8 feet from all residential uses, or zoned property. |
Libraries | All parking lots being 8 feet from all residential uses, or zoned property. |
Schools | All parking lots being 8 feet from all residential uses, or zoned property. One of the principle frontages shall abut upon an arterial or collector street as defined by the city’s major street plan map. |
Public park areas | § 155.070 |
Golf course | |
Hospital | |
Clinic | |
Private club. | |
Electrical substation | |
Day care, family | All applicable dwelling standards apply |
Day care, group | A safe pickup and drop off area must be provided for the children |
Adult day services | |
Neighborhood utility facility | § 155.070 |
Group home | Structure must be a single housekeeping unit. Applicant must provide a copy of state agency license. |
Assisted living center and congregate care facility | Applicant mut provide copy of South Dakota Department of Health license. All multiple dwelling standards apply. |
Bed and breakfast establishment | |
Convent/monastery | |
Wireless communications facilities | § 155.075, not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Accessory building or use | |
(B) Conditional uses.
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area. Values listed are minimums, unless otherwise stated.
Lot Area | Frontage | Building Line | Front Yard | Side Yard | Rear Yard | Maximum Height |
Lot Area | Frontage | Building Line | Front Yard | Side Yard | Rear Yard | Maximum Height | |
Dwelling, multiple- family (maximum of 32 bedrooms per lot, number of bedrooms per dwelling unit cannot exceed 4) | 7,500 square feet | 50 feet | 60 feet | 30 feet see #3, #5 | 15 feet | 25 feet | 60 feet |
Dwelling, multiple- family (between 33 and 48 bedrooms per lot, number of bedrooms per dwelling unit cannot exceed 4) | 20,000 square feet | 50 feet | 70 feet | 30 feet see #3, #5 | 15 feet | 25 feet | 60 feet |
Dwelling, multiple- family (over 48 bedrooms per lot, number of bedrooms per dwelling unit cannot exceed 4) | 30,000 square feet | 50 feet | 85 feet | 30 feet see #3, #5 | 15 feet | 25 feet | 60 feet |
Dwelling, single-family detached | 7,500 square feet | 50 feet | 60 feet | 30 feet see #3 | 8 feet | 25 feet | 45 feet |
Dwelling, single-family attached (see #6) | 2,500 square feet | 25 feet | 25 feet | 30 feet see #3 | 0 feet or 10 feet on nonparty wall side | 25 feet | 45 feet |
All other uses | 7,500 square feet | 50 feet | 75 feet | 30 feet see #3 | 10 feet | 25 feet | 45 feet |
Exceptions: #1 A residence may be constructed on a lot-of-record. #2 There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot. #3 One required front yard may be reduced to 20 feet on corner lots. #4 See also adjustments to yard regulations (§ 155.039) for other specific exceptions. #5 More than one main building per lot may be constructed. #6 Every 2 units will be staggered. | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1275, passed 5-21-2012; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1445, passed 12-6-2021)
§ 155.035 R-4 MANUFACTURED HOUSING DISTRICT
The purpose of this district is to provide for manufactured housing areas in the city.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Manufactured home park, licensed | Municipal code regulations regarding manufactured home parks. |
Manufactured home | Municipal code regulations regarding manufactured home parks. |
Electrical substation | |
Church | One of the principle frontages shall abut upon an arterial or collector street. |
Schools | One of the principle frontages shall abut upon an arterial or collector street. |
Day care, family | All applicable dwelling standards apply. |
Day care, group | A safe pickup and drop off area must be provided for the children. |
Adult day services | |
Group home | Structure must be a single housekeeping unit. Applicant must provide a copy of state agency license. § 155.095(A) |
Accessory building or use | |
Neighborhood utility facility | § 155.070 |
(B) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area. Values listed are minimums, unless otherwise stated.
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximum Height | |
Residential uses | 6,000 square feet | 60 feet | 50 feet | 25 feet | 8 feet | 25 feet | 35 feet |
All other uses | 6,000 square feet | 60 feet | 50 feet | 25 feet | 15 feet | 25 feet | 35 feet |
Exceptions: (1) One required front yard may be reduced to 20 feet. (2) See also adjustments to yard regulations (§ 155.082 for other specific exceptions). | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1281, passed 6-18-2012; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1473, passed 12-19-2022)
§ 155.036 CB CENTRAL BUSINESS DISTRICT.
The purpose of this district is to provide a commercial area for those establishments serving the general shopping needs of the trade area, with specific attention to preserving the city’s Main Street Commercial Core. The grouping of uses is intended to preserve and improve the character and economic vitality of Main Street.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Retail services and trade | |
Offices, commercial, construction and industrial | |
Offices, non-commercial, non- construction and non-industrial | |
Personal services | |
Motel | |
Public utility facilities | |
Public service facility | One of the principle frontages shall abut upon an arterial or collector street as defined by the city’s major street plan map. § 155.070 |
Funeral home | |
Private club | |
Church | |
Dwelling, multiple-family | Being above or below the first floor. |
Print shop | |
Electrical substation | |
Arcade | |
Boarding house | Subject to the residence being constructed above the first floor. |
Off-sale alcoholic beverage establishment | Located at least 500 feet from a school (measured from the closest point of the outside walls of both structures). |
Motor vehicle service station | |
Day care center | Adequate and safe playground area with a fence 4 feet high (see § 155.074). A safe pickup and drop off area must be provided for the children. |
Motor vehicle repair | Subject to an adequate number of parking spots to allow temporary storage of the cars only while being repaired. |
On-sale alcoholic beverage establishment | Located at least 500 feet from a school (measured from the closest point of the outside walls of both structures). |
Theatre | |
Accessory building or use | |
Wireless communications facilities | § 155.075, not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Restaurant | |
Commercial parking lot/facility | |
Law enforcement facility with the ability to house incarcerated persons | One of the principal frontages shall abut upon an arterial or collector street as defined by the city’s major street plan map. § 155.070 |
Boarding house | Subject to the residence being constructed above the first floor or in the rear half of the building’s first floor. The front of the building (front is the side that the building is addressed from) is only for commercial use. If on the first floor, no full kitchens are allowed; only a sink, microwave and small refrigerator with a total capacity no larger than 10-cubic feet. |
Brewpub | |
(B) Conditional uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Fuel dispensing station | |
Wireless communications facilities | |
Telecommunications tower | |
Adult oriented business | |
Farm winery | |
Microbrewery | |
Wine manufacturer | |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated.
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Max. Height | |
All uses | NA | NA | NA | see #l, #2 | see #l, #2 | see #1, #2 | NA |
Exceptions: #1 A 20-foot landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot, or other accessory use when not separated by a street or alley. #2 See also adjustments to yard regulations (§ 155.082) for other exceptions. | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1226, passed 2-1-2010; Am. Ord. 1281, passed 6-18-2012; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1445, passed 12-6-2021; Am. Ord. 1471, passed 9-19-2022; Am. Ord. 1477, passed 1-3-2023)
§ 155.037 GB GENERAL BUSINESS DISTRICT.
The purpose of this district is to provide a commercial area for those establishments serving the general shopping needs of the trade area, with specific attention to the carrying capacity of roads and streets, and to encourage provision of adequate off-street parking and loading space.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Retail services and trade | |
Offices, commercial, construction and industrial | |
Offices, non-commercial, non-construction and non-industrial | |
Personal services | |
Motel | |
Print shop | |
Hospital | |
Clinic | |
Public utility facilities | |
Public service facility | One of the principle frontages shall abut upon an arterial or collector street as defined by the city’s major street plan map. |
Funeral home | |
Private club | |
Church | All parking lots being 8 feet from all residential properties. |
Restaurant | |
Electrical substation | |
Arcade | |
Off-sale alcoholic beverage establishment | Located at least 500 feet from a school (measured from the closest point of the outside walls of both structures). |
Day care center | Adequate and safe playground area with fence 4 feet high. A safe pickup and drop off area must be provided for the children. |
Adult day services | |
Motor vehicle repair | Subject to an adequate number of parking spots to allow temporary storage of the cars only while being repaired. |
Off-premise sign | § 155.070 |
Greenhouse | |
Car wash | Five storage spaces for each bay beyond off-street parking requirements and the water from the car wash contained on the site. |
Bus passenger terminal | |
Motor vehicle sales, display, and rental | Subject to screening of all outdoor storage of parts from view. |
Lumberyard | Subject to screening of all outdoor storage from view when abutting a residential district. |
Bus and/or truck terminal | Subject to 300 feet from residential neighborhood to minimize effects of diesel fumes and noise (measured from the closest point of the outside walls of both structures). |
Farm store | Subject to only accessory storage of fertilizer or farm chemicals on the site. |
Broadcast tower | Subject to being located at least 300 feet from a residential district (measured from the closest point of the outside walls of both structures). |
On-sale alcoholic beverage establishment | Located at least 500 feet from a school (measured from the closest point of the outside walls of both structures). |
Recreation facility, commercial | |
Wireless communications facilities | § 155.075, not within an identified floodplain area, and if replacing facility on existing telecommunications tower the proposed facility cannot occupy a larger space than the existing facility. |
Accessory building or use | |
Law enforcement facility with the ability to house incarcerated persons | One of the principal frontages shall abut upon an arterial or collector street as defined by the city’s major street plan map. |
Brewpub | |
(B) Conditional use.
Conditional Use | Applicable Standards |
Conditional Use | Applicable Standards |
Motor vehicle service station | |
Fuel dispensing station | |
Assisted-living center and congregate care facility | Applicant must provide copy of South Dakota Department of Health license. All multiple dwelling standards apply. |
Nursing home | Applicant must provide copy of South Dakota Department of Health license. |
Crematorium | |
Wireless communications facilities | |
Telecommunications tower | |
Theater | If the theater is a drive-in theater it shall be located in such a manner that the screen will not deprive adjacent properties of solar access. Lighting of the drive-in theaters shall not reflect into adjacent residential areas. |
Veterinarian, small animal | Located 150 feet from residential district area (measured from the closest point of the outside walls of both structures). |
Campground | Lot must contain at least 2,000 square feet; access road on the campground site shall be 14 feet for 1-way and 20 feet for 2-way roads. |
Commercial parking lot/facility | |
Storage facility | |
Adult oriented business | and SDCL § 11-12 |
Wind energy conversion system | |
Limited production | |
Kennel | Located 150 feet from residential district area (measured from the closest point of the outside walls of both structures). |
Farm winery | |
Microbrewery | |
Wine manufacturer | |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated.
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximum Height |
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximum Height | |
All uses | NA | Up to 50 feet | 50 feet | 15 feet see #3 | 5 feet see #1, #3 | 5 feet see #2 | 45 feet |
All uses | NA | 51 to 100 feet | 50 feet | 20 feet see #3 | 5 feet see #1, #3 | 5 feet see #2 | 45 feet |
All uses | NA | 101 or more feet | 50 feet | 25 feet see #3 | 5 feet see #1, #3 | 5 feet see #2 | 45 feet |
Exceptions: | |||||||
#1 A side yard of 15 feet shall be required where a lot is adjacent to or abuts a residential district | |||||||
#2 A rear yard of 20 feet shall be required where a lot is adjacent to or abuts a residential district | |||||||
#3 There shall be a required front yard on each street side of lots | |||||||
#4 See also adjustments to yard regulations (§ 155.082) for other specific exceptions | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1280, passed 6-18-2012; Am. Ord. 1281, passed 6-18-2012; Am. Ord. 1316, passed 6-2-2014; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1445, passed 12-6-2021; Am. Ord. 1459, passed 3-21-2022; Am. Ord. 1477, passed 1-3-2023)
§ 155.038 NC NEIGHBORHOOD COMMERCIAL DISTRICT.
This district is intended to provide for developing and redeveloping areas located at the edge of residential developments, adjacent to the major streets that serve the area. It is the intent of this district to provide for a well-integrated service area, providing convenience goods and personal services to primarily serve residents within 1 mile of the development. Due to the nature of commercial uses, site and architectural design shall be compatible with and sensitive to adjacent residential development, striving to preserve and protect residential property values.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Engineering, management, public administration and related offices | |
Drug store | |
Offices, non-commercial, non- construction and non-industrial | |
Drug store, pharmacy | |
Personal services | |
Clinic | |
Mixed-use building | |
Church | All parking lots being 8 feet from all residential properties. |
Libraries | All parking lots being 8 feet from all residential properties. |
Day care center | Adequate and safe playground area with fence 4 feet high. A safe pickup and drop off area must be provided for the children. |
Adult day services | |
Commercial parking lot/facility | |
Accessory building or use | |
Neighborhood utility facility | § 155.070 |
(B) Conditional Uses.
Conditional Uses | Applicable Standards |
Dwelling, single-family detached | |
Dwelling, single-family attached | |
Dwelling, multiple-family | |
Restaurant |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions).
Lot Area | Frontage | Building Line | Front Yard | Side Yard | Rear Yard | Maximum Height | |
Dwelling, single-family detached | 6,000 square feet | 50 feet | 60 feet See #1 | 30 feet | 8 feet | 25 feet | 35 feet |
Dwelling, single-family attached (see note #5) | 2,500 square feet | 25 feet | 25 feet | 30 feet | 0 feet or 8 feet on nonpart y wall side | 25 feet | 35 feet |
Dwelling, multiple-family | 6,000 square feet/unit | 50 feet | 60 feet | 30 feet | 8 feet | 25 feet | 40 feet |
All other uses | 6,000 square feet see #4 | 50 feet | 60 feet see #2, #3 | 30 feet see #2, #3 | 8 feet | 25 feet | 35 feet |
Exceptions: #1 A single-family detached dwelling may be constructed on a lot-of-record. #2 No side yard or rear yard is required where a lot is adjacent to or abuts upon a commercial or industrial district. #3 Where a side yard or rear yard is required half of the required yard must be maintained as a landscaped area. #4 There shall be a required front yard on each street side of lots. #5 Every two units will be staggered. #6 See also adjustments to yard regulations (§ 155.082) for other specific exceptions. | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1277, passed 5-21-2012; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1473, passed 12-19-2022)
§ 155.039 GI GENERAL INDUSTRIAL DISTRICT
This district is intended to provide for a number of light manufacturing, wholesale, warehousing, and service uses in an attractive industrial park-like setting.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Wholesale merchandising | |
Light manufacturing | |
Contractor's shop/storage yard | Subject to screening of all outdoor storage from view. |
Offices, commercial, construction and industrial | |
Public utility facility | |
Frozen food locker | |
Printing shop | |
Motor vehicle service station | |
Off-premise sign | § 155.070 |
Electrical substation | |
Bus/truck terminal | 300 feet from residential neighborhood to minimize effects of diesel fumes and noise. |
Warehouse | The materials stored on the premises shall have a level 1 or below in the Fire Protection Guide on Hazardous Materials. |
Lumberyard | Subject to screening of all outdoor storage from view when abutting a residential district. |
Retail services and trade | |
Bus and/or Truck wash | All water from the truck or bus wash being contained on the site. |
Truck repair, sales, and/or service | |
Subject to no unscreened outdoor storage of parts. | |
Recycling processing facility | Screening of all recyclable material from view. |
Farm store | Only accessory storage of fertilizer or farm chemicals on the site |
Automobile storage yard | Screening of the storage yard with fence, berm, vegetation or placement on the lot. |
Farm implement dealer | Screening of all outdoor storage of parts from view |
Broadcast tower | Located at least 300 feet from a residential district. |
Telecommunications tower | |
Storage facility | |
Wireless communications facilities | |
Motor vehicle repair | An adequate number of parking spots to store the cars and screen parts and materials from view. |
Motor vehicle sales, display and rental | Subject to screening of all outdoor storage of parts from view. |
(B) Conditional uses.
Conditional Use | Applicable Standards |
Conditional Use | Applicable Standards |
Heavy manufacturing | Only use to be considered will be ready-mix concrete plant. |
Wind energy conversion system | |
Agribusiness | |
Public service facility | One of the principal frontages shall abut upon an arterial or collector street as defined by the city's major street plan map. |
Law enforcement facility with the ability to house incarcerated persons | One of the principal frontages shall abut upon an arterial or collector street as defined by the city's major street plan map. |
Kennel | Located 150 feet from the residential district area (measured from the closest point of the outside walls of both structures). |
Brewpub | |
Farm winery | |
Microbrewery | |
Wine manufacturer | |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated.
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximum Height | |
All uses | NA | 75 feet | 50 feet | 25 feet see #4 | 10 feet see #2, #4 | 25 feet see #3 | 45 feet see #1 |
Exceptions: | |||||||
#1 A side yard of 15 feet shall be required where a lot is adjacent to or abuts a residential district. | |||||||
#2 A rear yard of 25 feet shall be required where a lot is adjacent to or abuts a residential district. | |||||||
#3 There shall be a required front yard on each street side of lots. | |||||||
#4 See also adjustments to yard regulations (§ 155.082) for other specific exceptions. | |||||||
(Ord. 1189, passed 7-7-2008; Am. Ord. 1281, passed 6-18-2012; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1353, passed 6-5-2017; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1446, passed 12-6-2021; Am. Ord. 1458, passed 3-21-2022; Am. Ord. 1477, passed 1-3-2023; Am. Ord. 1495, passed 11-6-2023)
§ 155.040 HI HEAVY INDUSTRIAL DISTRICT.
This district is intended to provide for general industrial uses which may create some nuisance and which are not properly associated with, nor compatible with residential, office, or commercial establishment. All uses in this district shall comply with any state or local regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Permitted Use | Applicable Standards |
Light manufacturing | |
Wholesale merchandising | |
Farm store | |
Contractors shop/storage yard | Subject to screening of all outdoor storage from view |
Bus/truck terminal | |
Public utility facilities | |
Frozen food locker | |
Off-premise signs | § 155.070 |
Electrical substation | |
Retail services and trade | Being an accessory use when in conjunction with a primary use of wholesale or manufacturing. |
Warehouse | Subject to the materials stored on the premises shall have a level 1 or below in the Fire Protection Guide on Hazardous Materials. |
Bus and/or truck wash | All water from the truck or bus wash being contained on the site. |
Truck repair, sales, and/or service | No unscreened outdoor storage of parts. |
Recycling collection facility | Subject to any outdoor storage of recyclable materials must be within an opaque screened area at least 6 feet in height. |
Automobile storage yard | Screening of the storage yard with fence, berm, vegetation or placement on the lot. |
Motor vehicle repair | An adequate number of parking spots to store the cars and screen parts and materials from view. |
Recycling processing facility | Any outdoor storage of recyclable materials must be within an opaque screened area at least 6 feet in height and all processing operations must be fully enclosed |
Heavy manufacturing | Only use to be considered will be ready mix concrete plant. |
(B) Conditional uses.
Conditional Use | Applicable Standards |
Conditional Use | Applicable Standards |
General manufacturing | |
Heavy manufacturing | Traffic to and from the facility will not travel on residential streets. Location shall not be located within ½-mile of any residential uses. Ready-mix concrete plant will not be considered as a conditional use. |
Distillation of products | Traffic to and from the facility will not travel on residential streets. |
Refining | Traffic to and from the facility will not travel on residential streets. |
Tank farm | Compliance with the city’s fire and health code, traffic to and from the facility will not travel on residential streets. |
Grain terminal | Traffic to and from the facility will not travel on residential streets. |
Junkyard | Being sited off the main thoroughfares of the city. The owner shall agree to control rodents as a condition of the permit. |
Mining | Subject to the review and approval by the city’s engineer. |
Quarry | Subject to the site being located at least 1,000 feet from commercial or residential properties. |
Broadcast tower | Being located at least 300 feet from a residential district. |
Solid waste transfer facility | Screening of the storage area with fence, berm, vegetation or placement on the lot. |
Municipally owned waste water treatment facility | |
Wind energy conversion system | |
Agribusiness | |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated.
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximum Height |
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximum Height | |
All uses | NA | NA | NA | 25 feet see #4 | 5 feet see #2, #4 | 5 feet see #3 | 55 feet see #1 |
Exceptions: | |||||||
#1 A side yard of 20 feet shall be required where a lot is adjacent to or abuts a residential district. | |||||||
#2 A rear yard of 25 feet shall be required where a lot is adjacent to or abuts a residential district. | |||||||
#3 There shall be a required front yard on each street side of lots. | |||||||
#4 Wastewater treatment facilities are exempt from minimum yard or setback requirements. | |||||||
#5 See also adjustments to yard regulations (§ 155.082 for other specific exceptions). | |||||||
(D) Performance standards. All conditional uses within this section shall meet the following performance standards prior to consideration by the Planning and Zoning Commission:
(1) Appearance. Junk, salvage, auto wrecking, and similar operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring fence in good repair.
(2) Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the standards of the National Board of Fire Underwriters, National Fire Protection Association, and any additional regulations of the city.
(3) Noise. All noise and noise-causing activities shall be muffled so that they will not create a disturbance greater than normal peak-hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest to the industry.
(4) Sewage and liquid waste. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. Any liquid wastes which create heavy loading on the city treatment plant will be subject to treatment by the owner, before being discharged into the city sewer system or by other agreement with the City Council.
(5) Air contaminants.
(a) Air contaminants and smoke shall be less dark than designated number 2 on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as number 2 shall be permitted for one 4-minute period in each one-half hour. Light-colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted. Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.
(b) Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.
(6) Odor. Odor-causing operations shall be controlled to reduce the escape of odors to the minimum practical within the limits of technology and economics.
(7) Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed 5 parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed 5 parts per million. All measurements shall be made at the zoning lot line.
(8) Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby zoning lots.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1266, passed 12-5-2011; Am. Ord. 1281, passed 6-18-2012; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1353, passed 6-5-2017; Am. Ord. 1359, passed 9-18-2017; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1517, passed 8-19-2024)
§ 155.041 LI LIGHT INDUSTRIAL DISTRICT.
This district is intended to provide for a number of light manufacturing, wholesale, warehousing, and service uses in an attractive industrial park-like setting.
(A) Permitted uses.
Permitted Use | Applicable Standards |
Wholesale merchandising | |
Contractor's shop/storage yard | Subject to screening of all outdoor storage from view. |
Offices, commercial, construction and industrial | |
Public utility facility | |
Electrical substation | |
Warehouse | The material stored on the premises shall have a level 1 or below in the Fire Protection Guide on Hazardous Materials. |
Lumberyard | Subject to screening of all outdoor storage from view when abutting a residential district. |
Retail services and trade | |
Farm store | Only accessory storage of fertilizer or farm chemicals on the site. |
Farm implement dealer | Screening of all outdoor storage of parts from view. |
Broadcast tower | Located at least 300 feet from a residential district. |
Telecommunications tower | |
Storage facility | |
Wireless communications facilities | Not within an identified floodplain area. |
Motor vehicle repair | An adequate number of parking spots to store the cars and screen parts and materials from view. |
(B) Conditional uses.
Conditional Use | Applicable Standards |
Light manufacturing | |
Kennel | Located 150-feet from residential district area (measured from the closest point of the outside wall of both structures). |
Wind energy conversion system | |
Agribusiness | |
Grain terminal | |
Frozen food locker | |
Printing shop | |
Motor vehicle service station | |
Bus/truck terminal | 300 feet from residential neighborhood to minimize effects of diesel fumes and noise. |
Bus and/or truck wash | All water from the truck or bush wash being contained on the site. |
Truck repair, sales, and/or service | |
Recycling collection facility | Subject to any outdoor storage of recyclable materials must be within an opaque screened area at least 6 feet in height. |
Recycling processing facility | |
Automobile storage yard | Screening of the storage yard with fence, berm, vegetation, or placement on the lot. |
(C) Lot and yard regulations. All measurements shall be taken from the lot line to the building 1
Lot Area | Building Line | Frontage | Front Yard | Side Yard | Rear Yard | Maximu m Height | |
All uses | NA | 75 feet | 50 feet | 25 feet, see #3 | 10 feet, see #1, #3 | 25 feet, see #2, #5 | 45 feet |
Exceptions: #1 A side yard of 15 feet shall be required where a lot is adjacent to or abuts a residential district. #2 A rear yard of 25 feet shall be required where a lot is adjacent to or abuts a residential district. #3 There shall be a required front yard on each street side of lots. #4 See also adjustments to yard regulations (§ 155.082) for other specific exceptions. #5 Rear yard may be reduced to 0 feet when rear yard abuts railroad rights-of-way. | |||||||
(Ord. 1463, passed 5-2-2022)