(1)   No building, structure, land, or any part thereof shall hereafter be used or occupied; nor

      (2)   Shall any building, structure, land, or any part thereof shall hereafter be erected, constructed, reconstructed, converted, altered, enlarged, extended, raised, moved, or used; nor

      (3)   Shall any premises be used for any purpose other than a purpose permitted in the district in which said building or premise is located, except as hereinafter provided.

      (1)   No building or other structure shall hereafter be erected or altered:

         (a)   To exceed the height or bulk;

         (b)   To accommodate or house a greater number of families;

         (c)   To occupy a greater percentage of lot area; or

         (d)   To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

      (2)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(Ord. 24-01, passed 9-5-2024)

      (1)   Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival.

      (2)   Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of structure and land in combination shall not be extended, expanded, or enlarged after passage of this chapter by the addition of other structures or uses, or a nature of which would be prohibited generally elsewhere in the district involved.

      (3)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter.

      (1)   On any non-conforming structure or portion of a structure containing a non- conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding 10% of the replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

      (2)   If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by the City Council to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

      (1)   Whenever a non-conforming use or structure has been changed to a conforming use, it shall

not be changed back to a non-conforming use.

      (2)   If any non-conforming building is destroyed or damaged by any casualty, such building may be repaired or replaced and use continued providing said reconstruction shall not add to the non-conformity or add to the cubic contents of said building as the same existed at the time of such casualty; and provided further that such repair or reconstruction of such building shall begin within six months after such casualty and completed within a reasonable time thereafter. However, if the damage caused by such casualty is such as to cause a loss in value exceeding 50% of the replacement value immediately prior to such casualty then it cannot be rebuilt for a non-conforming use. The loss in value shall be computed as the difference between the actual cash value of the structure immediately before and after the casualty. Cash value shall be the same as that used for insurance purposes as approved by the State of South Dakota Insurance Code.

      (3)   When a non-conforming use or the use of a non-conforming structure is discontinued for a period of one year, it shall not be continued unless in conformance with the requirements of this chapter and SDCL § 11-6-39 which states, "The lawful use of land or premises existing at the time of the adoption of the Zoning Ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the Zoning Ordinance. If the non-conforming use is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall be in conformance with such regulation."

      (4)   Any non-conforming use may be extended throughout any part of a structure, which was arranged or designed for such use prior to the adoption of this chapter but shall not be extended outside such structure.

      (5)   No existing non-conforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted or conditional use. This does not include normal repairs and maintenance, which do not enlarge, move, or structurally alter a non-conforming use.

      (7)   Non-standard uses existing immediately prior to the effective date of this chapter may be continued, although such uses do not conform to the provisions hereof. Non-standard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:

         (a)   Enlargements, extensions, conversions, or structural alterations may be made as required by law or ordinance.

         (b)   Structural alteration of buildings or structures may otherwise be made if such changes do not further encroach into an existing front yard, side yard, or rear yard which is less than the minimum required yards for the district in which they are located.

         (c)   Enlargement, extension, conversion of buildings or structures may otherwise be made if such changes comply with the minimum required yards, lot area, height, landscaping, parking, and density for the district in which they are located.

      (8)   Nothing contained in this section shall be so construed as to abridge or curtail the powers of the Administrative Official, Enforcing Officer (City Council), or Planning Commission as set forth elsewhere in this chapter.

      (1)   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such a lot fails to meet the requirements of area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained; however, the governing board is not obligated to grant said variance(s).

      (2)   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements in this chapter.

(Ord. 24-01, passed 9-5-2024)

      (1)   The district regulations included in this section may be qualified or supplemented by additional regulations appearing elsewhere in this chapter.

      (2)   Any use or uses not expressly permitted in a particular district shall be prohibited, unless such uses are existing at the effective date of these regulations and qualify as non-conforming uses, or unless a conditional use permit is granted as provided for in § 151.044(A) of these regulations.

      (3)   The Board of Adjustment may establish additional requirements and standards for uses and

structures permitted by conditional use permit in accordance with § 151.044(A).

      (1)   The following zone and use districts are hereby established for the purposes of administration and enforcement of this chapter.

         (a)   “A” Agricultural District.

         (b)   “R” Residential District.

         (c)   “C” Commercial District.

         (d)   “HC” Highway Commercial District.

         (e)   “I” Industrial District.

      (2)   These districts shall be designated as zoning overlay districts, imposing special regulations on the properties that fall within these overlay districts without abrogating the requirements imposed by the underlying land use district regulations.

(Ord. 24-01, passed 9-5-2024)

      (1)   Any form of agriculture activity and related farm buildings, but excluding animal feed lots and auction yards/barns;

      (2)   Site-built single-family dwellings;

      (3)   Orchards and tree farms;

      (4)   Public parks, recreation areas, open space, non-motorized trails; and

      (5)   Utilities substations.

      (1)   Accessory uses and structures customarily incidental to permitted uses and structures when established within the space limits of this district;

      (2)   Roadside stands for sales of agricultural products grown or produced on the premises; and

      (3)   Signs conforming to § 151.062.

      (1)   Type I and Type II manufactured homes;

      (2)   Veterinary clinics with outside runs;

      (3)   Public or private stables and kennels with outside runs;

      (4)   Religious institutions, churches and/or cemeteries;

      (5)   Public buildings or facilities erected or established and operated by any governmental agency;

      (6)   Utility substations, railroad, and other public utilities facilities;

      (7)   Wireless communications towers;

      (8)   Commercial nurseries and greenhouses;

      (9)   Golf course and driving range;

      (10)   Game propagation areas;

      (11)   Privately operated outdoor recreational facilities, including campsite;

      (12)   Telecommunication facilities;

      (13)   Home occupations (§ 151.080); and

      (14)   Horticulture services.

Table 151.023.1

 

 

Table 151.023.2

 

 

(Ord. 24-01, passed 9-5-2024)

      (1)   Site-built single-family dwellings;

      (2)   Two-family dwellings;

      (3)   Modular homes;

      (4)   Type I manufactured homes (in a permitted manufactured home park);

      (5)   Public park and recreation areas including public swimming pools;

      (6)   Public and private schools;

      (7)   Public utilities and services required by the resident population; and

      (8)   Multiple-family dwellings including condominiums and townhouses, not to exceed eight units.

      (1)   Accessory uses and structures customarily incidental to permitted uses in accordance with § 151.061;

      (2)   Signs conforming to § 151.062; and

      (3)   Detached accessory structure with 16-foot sidewalls, provided written consent of all adjoining property owners is submitted with the application.

      (1)   Bed and breakfast establishments;

      (2)   Home occupations (See § 151.080);

      (3)   Hospitals, nursing homes, and homes for the aged. Any building approved for such use shall be set back not less than 50 feet from the street on which it fronts and shall have side and rear setbacks of not less than 30 feet and shall meet other requirements of this chapter;

      (4)   Licensed commercial daycare facilities and daycare homes caring for children, provided that such facilities shall provide not less than 25 square feet of floor area not including halls or bathrooms and outdoor recreation space for each child. In addition, such facilities shall supply at least one off-street parking space per six children cared for at the daycare home unless the Board of Adjustment approves some other suitable plan for the loading and unloading of children so as not to obstruct public streets or create other traffic or safety hazards;

      (5)   Religious institutions and/or cemeteries;

      (6)   Public and private golf courses including clubhouses, community center, and country club;

      (7)   Public buildings or facilities established and operated by a governmental agency;

      (8)   Public and private swimming pools;

      (9)   Utility substations;

      (10)   Museums;

      (11)   Licensed residential treatment or group home;

      (12)   Hospitals, convalescent and nursing homes, supervised care facilities and congregate housing;

      (13)   Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures;

      (14)   Private storage buildings used exclusively for storage and not for performance of any other services, provided siding consists of that customarily used for site-built single-family dwellings. See § 151.082;

      (15)   Personal services operated in a structure occupied as a single-family residence prior to October 9, 2024; and

      (16)   Contractor shop and yard in operation as of October 9, 2024.

Table 151.024.1

 

 

Figure 151.024.1

Table 151.024.2

 

 

(Ord. 24-01, passed 9-5-2024)

      (1)   Retail and wholesale sales;

      (2)   Finance, insurance and real estate services;

      (3)   Business services excluding any warehousing and storage services;

      (4)   Religious institutions, welfare and charitable services; business associations, professional membership organizations, labor unions, and similar labor organizations, and civic, social and fraternal associations;

      (5)   Eating establishments;

      (6)   Communication and utility uses;

      (7)   Public buildings and grounds;

      (8)   Service establishments;

      (9)   Professional, governmental and education services;

      (10)   Bar or tavern;

      (11)   Printing and publishing establishments;

      (12)   Offices;

      (13)   Parking lot and/or parking garages;

      (14)   Bed and breakfast;

      (15)   Hotels and motels;

      (16)   Theaters, bowling alleys, and pool halls;

      (17)   Fitness facilities, yoga studios, massage therapy; and

      (18)   Clinic.

      (1)   Accessory buildings and uses customarily incidental to permitted uses; and

      (2)   Signs conforming to § 151.062.

      (1)   Apartments;

      (2)   Licensed daycare centers;

      (3)   On/off-sale liquor establishments;

      (4)   Lumberyards;

      (5)   Repair shops, gas and service stations;

      (6)   Car washes provided that their operative machinery is within an enclosed structure and adequate drainage is provided;

      (7)   Second floor apartments;

      (8)   Nursing home;

      (9)   Assisted living center;

      (10)   Group home;

      (11)   Laundromat;

      (12)   Public and private hospitals;

      (13)   Public and private business or trade schools;

      (14)   Wholesale business;

      (15)   Bus depot; and

      (16)   Vehicle sales.

      (1)   Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Table 151.025.1

 

 

Figure 151.025.1

Table 151.025.2

 

 

      (2)   All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.

      (4)   Block 4, Original Township, is exempt from the side yard requirement except when a structure abuts a residential district. A commercial building may be built to the lot line if after examination of the plans, it is determined there is an acceptable firewall and the building is being built next to another commercial building.

(Ord. 24-01, passed 9-5-2024)

   Highway Commercial is intended for land adjacent to Highway 240 south of Interstate 90 and the east/west frontage/service road located between Glenn Street and Stone Drive south of Interstate 90.

      (1)   Horticulture and the raising of field crops;

      (2)   Vehicle service stations and vehicle repair not to include auto-body repair;

      (3)   Utility substations;

      (4)   Wholesale or retail sales and warehouse;

      (5)   Hotel, motel, conference/banquet hall;

      (6)   New and used vehicle, recreational vehicle sales and farm equipment and implement sales;

      (7)   Mortuaries and funeral homes;

      (8)   Truck or bus terminal;

      (9)   Offices and clinics;

      (10)   Eating or drinking establishment and bar/tavern;

      (11)   Electronic and appliance repair;

      (12)   Personal services;

      (13)   Car or truck wash, fuel station;

      (14)   Parking lot or parking garage;

      (15)   Hospital; and

      (16)   Religious institutions.

      (1)   Accessory buildings and uses customarily incidental to permitted uses; and

      (2)   Signs conforming to § 151.062.

   (D)   Conditional uses. The following uses may be permitted by conditional use permit in the "HC" Highway Commercial District by the Board of Adjustment subject to such requirements, as the Board deems necessary to protect and promote the health, safety, and general welfare.

      (1)   Assisted living, nursing, or convalescent home;

      (2)   Veterinary services and kennels;

      (3)   Light manufacturing;

      (4)   Public utility building and storage;

      (5)   Grain elevators and terminal;

      (6)   Bowling alley;

      (7)   Private and public recreational facilities;

      (8)   Butcher shop/meat locker;

      (9)   Private or commercial campground and recreation;

      (10)   Cannabis dispensary (See § 151.078);

      (11)   Contractor shop and yards;

      (12)   Communication towers or antenna over 45 feet in height;

      (13)   Public buildings or facilities erected or established and operated by any governmental agency;

      (14)   Propane distribution facility;

      (15)   Convenience stores;

      (16)   Filling/service stations; and

      (17)   Signs on an otherwise vacant lot. See § 151.062.

      (1)   Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Table 151.026.1

 

 

Figure 151.026.1

Table 151.026.2

 

 

      (2)   All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.

(Ord. 24-01, passed 9-5-2024)

      (1)   Ag biotechnology businesses;

      (2)   Architectural firms;

      (3)   Horticulture and raising crops;

      (4)   Basic services and utilities;

      (5)   Farm implement dealer and machinery repair services;

      (6)   Freighting or trucking yards or terminals;

      (7)   Medical or dental laboratories;

      (8)   Precision ag technologies;

      (9)   Service and repair shops/garages;

      (10)   Truck, trailer, equipment, rentals;

      (11)   Value-added ag businesses;

      (12)   Warehouses;

      (13)   Motor freight terminals, fuel stations, garaging and equipment maintenance;

      (14)   Contractor shops and offices;

      (15)   Storage facilities, lumber yards, distributing stations and warehouses;

      (16)   Wholesale business;

      (17)   Research facilities;

      (19)   Woodworking shops or facilities;

      (20)   Public utility buildings and storage;

      (21)   Public highway/public works garages;

      (22)   Vehicle garages, repair shops;

      (23)   Vehicle, truck, and machinery sales;

      (24)   Welding shops;

      (25)   Uses operated by a governmental entity;

      (26)   Grain elevator;

      (27)   Wholesale distributing companies, all commodities, except live animals;

      (28)   Commercial communication towers and transmitters; and

      (29)   Auto and farm equipment service, storage, and/or body repair, not to include salvage operation.

      (1)   Buildings and structures customarily incidental to permitted uses; and

      (2)   Signs conforming to § 151.062.

      (1)   Meat processing establishments (meat locker);

      (2)   Communication towers over 45 feet in height;

      (3)   Contractor yards;

      (4)   Auto and truck wash;

      (5)   Bulk fuel, oil, and other liquid storage;

      (6)   Grain and feed milling;

      (7)   Parking lots and garages;

      (8)   Signs on an otherwise vacant lot (see § 151.066);

      (9)   Caretaker/watchman's quarters in accordance with § 151.081;

      (10)   Cement, lime, gypsum, or plaster of Paris manufacture;

      (11)   Distillation, coal, or tar asphalt;

      (12)   Fertilizer manufacture from organic material;

      (13)   Glue or adhesive manufacture;

      (14)   Paper manufacture;

      (15 )   Petroleum or asphalt refining;

      (16 )   Petroleum products terminal;

      (17 )   Storage or processing of raw hides or furs;

      (18 )   Animal hospital, pet shops, kennels; and

      (19 )   Railroad facilities.

       (1)    Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Table 151.027.1

 

 

Figure 151.027.1

Table 151.027.2

 

 

      (2)   All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.

(Ord. 24-01, passed 9-5-2024)