No person shall erect or maintain within the city, a fence, hedge, or wall, unless it meets the following conditions:

   (A)   Be constructed and maintained at a height in any area where such structure will not obstruct a clear vision of intersecting roadways or otherwise constitute a traffic hazard;

   (B)   No fencing is allowed along the perimeter of the front yard;

   (C)   Be six feet or less in height when located in a back yard or side yard (when a corner lot is involved);

   (D)   No barbed wire or other sharp, pointed, or electrically charged fence shall be erected or maintained;

   (E)   Be constructed and maintained in good condition so as to serve the purpose for which such structure was originally constructed, so that it shall not be hazardous or dangerous to persons or animals, so that it shall not become unsightly to the neighborhood or otherwise constitute a nuisance;

   (F)   The smooth finished side of a fence shall be the side of the fence that faces outward from the yard being fenced. All of the framing or support members shall face the property owner (inward);

   (G)   The installation of a fence shall be in a manner as to which access to the city for the purposes of reading or maintaining utility meters is provided;

   (H)   Prior to the construction of any such fence, it will be required that whoever is constructing such fence obtain a building permit from the city;

   (I)   The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials to build a fence, hedge or wall is prohibited; and

   (J)   Fencing around athletic facilities and public property shall be exempt from the requirements of this chapter.

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

   (A)   Only specifically authorized accessory uses allowed; accessory uses must be subordinate to principal use.

   (B)   No accessory use shall be permitted in any district unless such use is specifically authorized by this chapter. No accessory use shall be deemed to be authorized by this chapter unless such use is in fact subordinate to and on the same zoning lot with the principal use in conjunction with which it is maintained.

   (C)   No accessory structure or use may be located in a required front or side yard.

   (D)   No accessory building may be used for residential dwelling purposes at any time.

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

   These conditions are established as a reasonable and impartial method of regulating advertising structures in order to ensure safe construction, to reduce hazards at intersections, and to protect property values of the entire community. The regulations for signs and other advertising structures are indicated as follows:

   (A)   Signs may be permitted in the residential districts upon review by the City Council.

   (B)   In any zoning district where signs are permitted, the following general regulations shall apply:

      (1)   No sign shall be erected or maintained at any location whereby reason of its position, wording, illumination, size, shape, or color, it may obstruct, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device. No sign shall be erected in any position where it obstructs or physically interferes with the driver's view of approaching, merging or intersecting traffic.

      (2)   No illuminated sign shall be permitted within 50 feet of any residential property unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.

      (3)   To insure federal and state requirements are met, no stationary sign shall be erected without approval by the governing board.

      (4)   No advertising sign shall be located in any area designated by the City Council as one of scenic beauty or historical interest.

      (5)   A permanent sign shall not be suspended across public streets or other public places, except as permitted by the City Council.

      (6)   No signs, including political signs, shall be placed in any public right-of-way except publicly owned signs, such as traffic control signs.

      (7)   No signs shall be placed on utility poles.

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

      (5)   No fee may be charged for off-street parking as required under this chapter.

   (D)   Combined facilities. The off-street parking facilities required of two or more uses located on the same building site may be combined and used jointly; provided, however, that where the facilities are combined and used jointly by two or more uses having different standards for determining the amount of facilities required, the off-street parking facilities shall be adequate in area to provide the sum total of the facilities required of all such uses; provided, further, that where the standard for determining the amount of facilities required, of all such uses, for the purpose of this chapter, shall be considered as a single unit in determining the amount of off-street parking facilities required.

   (E)   Off-street parking facilities. At least the following amounts of off-street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses, and if the classification of any use for the purpose of determining the amount of off-street parking facilities to be provided is not readily determinable hereunder, the classification of the use shall be fixed by the Administrative Official.

      (1)   Dwellings, multiple-family: one and one-half spaces per dwelling unit.

      (2)   Hotels, motels, rooming houses, tourist courts: one space per guest room.

      (3)   Mobile home parks: two spaces per mobile home unit.

      (4)   For all other uses, the amount of off-street parking shall be approved by the City Council.

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

   Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to private streets approved by the Board of Adjustment, and all structures shall be so located on lots as to provide safe and convenient access for services, fire protection and required off-street parking.

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

   (A)   No part of a yard or other open space, or off-street parking or loading space required or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

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

   In any district, unless authorized by the Board of Adjustment in granting a conditional use permit, or in the case of more than multiple-family dwelling on a single lot in the appropriate zoning district(s), only one structure housing is permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements are met.

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

   (A)   All existing septic tanks shall be considered non-conforming uses on lots within 200 feet of the city sanitary sewer system. All structures which are used for human habitation, commercial and industrial use and located on lots within 200 feet of the city sanitary sewer system must be connected to the city sanitary sewer system.

   (B)   Private wastewater treatment systems (septic tanks) may be used for applicable structures on lots located greater than 200 feet from the city sanitary sewer system, provided the property owner agrees to pay for replacement of the wastewater system by connecting it to the city sanitary sewer system upon request, if and when the city sanitary sewer system becomes located within 200 feet of the lot. Private wastewater systems shall be installed in accordance with the rules of the South Dakota Department of Agriculture and Natural Resources.

   (C)   These requirements may be waived at the discretion of the City Council in the event that connection to the city's sanitary sewer system would result in the construction of a lift station.

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

      (1)   Modular homes shall meet or exceed International Building Codes.

      (2)   Modular homes will include all off-site constructed homes, which may be transported to the site in one or more sections.

      (3)   Modular homes shall have more than 1,000 square feet in ranch style and 850 square feet split and be placed on a permanent foundation. The foundation shall be to a depth below the frostline.

      (4)   Modular homes shall not have attached running gear and a trailer hitch or the capacity to have attached running gear and trailer hitch.

      (5)   Modular homes shall have a minimum of three and one-half-roof pitch.

      (6)   Have siding material of a type customarily used on site-constructed residences.

      (7)   Have roofing material of a type customarily used on site-constructed residences.

      (1)   For the purpose of this chapter, manufactured homes will be regulated by type. Two types of homes are defined under these regulations.

         (a)   Type I manufactured home shall:

            i.   Be a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code.

            ii.   Have more than 1,000 square feet of occupied space in a double-section or larger multi-section unit.

            iii.   The running gear and hitch have been removed.

            iv.   Has been anchored to a foundation and permanent footing below the frost line.

               1.   The foundation shall be an approved wood basement constructed of two-by-six framework and treated with water resistant materials; or a foundation shall be constructed with eight inches of poured concrete or concrete block.

               2.   The footing to be a minimum of eight-inches thick by 16-inches wide poured concrete with top of footing to be 16-inches below grade.

               3.   Type I manufactured homes which are not placed on a permanent foundation are considered Type II manufactured homes. (See division (B)(1)(b)).

            v.   Have a gabled roof with a pitch of at least three-twelfths feet.

            vi.   Have siding material of a type customarily used on site-constructed residences.

            vii.   Have roofing material of a type customarily used on site-constructed residences.

            viii.   The manufactured house may not exceed ten years from the date of manufacture.

         (b)   Type II manufactured home shall:

            i.   Have more than 700 square feet of occupied space in a single, double, expanded or multi-section unit.

            ii.   Utilize a permanent perimeter enclosure in accordance with approved installation standards, as specified in division (B)(2)(b).

            iii.   Be anchored to the ground, in accordance with manufacturer's specifications, or as prescribed by the Federal Manufactured Housing Construction and Safety Standards Code.

            iv.   Have siding material of a type customarily used on site-constructed residences.

            v.   Have roofing material of a type customarily used on site-constructed residences.

            vi.   Have a gabled roof with a pitch of at least three-twelfths feet.

            vii.   The manufactured house may not exceed ten years from the date of manufacture.

            viii.   Be place onto a support system. In accordance with approved installation standards, as specified in division (B)(2).

         (a)   Permanent perimeter enclosure as required for Type I and II manufactured homes. Those manufactured homes designated in this chapter, as requiring a permanent perimeter enclosure must have footings and crawl space or basement walls. The space between the floor joists of the home shall be completely enclosed with the permanent perimeter enclosure (except for required openings).

            i.   All HUD-code manufactured homes of the Type I classification shall be installed with load bearing foundations in conformance with the manufacturer's installation specifications.

            ii.   Type II manufactured homes not placed on a permanent foundation shall be installed on a support system in conformance with the manufacturer's installation specifications or with the support system’s regulations in the ANTI/NFPA 501A 1977 installation standards.

         (a)   The applicant shall provide a photograph of the manufactured home's exterior and interior.

         (b)   That it shall have been shown to the satisfaction of the Administrative Official that the said manufactured home complies with the gas, plumbing, electrical, and construction requirements of the City of Wall.

         (c)   That the applicant shall obtain the written consent of all property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site.

            i.   A garage, canopy, or carport may project into a required side or rear yard provided it is located no closer than ten feet to another manufactured home garage, canopy, carport, or addition thereto, and provided further that the maximum depth be 24 feet.

            ii.   A deck may project into a required side or rear yard provided it is located no closer than four feet to any other structure.

            iii.   An enclosed vestibule containing not more than 40 square feet in area may project into a required yard for a distance not to exceed four feet, but in no event closer than ten feet to another manufactured home, garage, canopy, carport, or addition thereto.

            iv.   Detached accessory buildings with a projected room area of not more than 120 square feet may project into a required side or rear yard provided it is located no closer than four feet to another structure or right-of-way.

      (1)   The following requirements pertain to a manufactured home park:

         (a)   Location and topography of the proposed manufactured home park, including adjacent property owners and proximity to federal and state highways, and county, township, and city roads/streets;

         (b)   Property lines and square footage of the proposed park;

         (c)   Location and dimensions of all easements and right-of ways;

         (d)   Proposed general layout, including parking and recreation areas;

         (e)   General street and pedestrian walkway plan; and

         (f)   General utility, water, and sewer plan.

      (2)   Upon approval of the application, the plan becomes part of the permanent record, and it shall serve as the basis for the final site plan submission.

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

   No dwelling shall be constructed, installed, or moved into the area under the jurisdiction of these regulations, unless said dwelling is constructed upon, installed on, or moved onto a permanent foundation, as defined in these regulations. Exempted from this requirement are manufactured homes in an approved manufactured home park, provided said manufactured homes are anchored with tie downs to prevent the manufactured home from dangerous motion during high wind or other weather-related events.

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

   No structure, building or addition thereto shall be erected over or across any existing public utility or upon any platted easement.

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

   It shall be unlawful to move any house or other building onto any lot or to any new location within the city unless and until a permit to do so has been obtained from the Administrative Official. No permit shall be issued until the following requirements are met.

   (A)   The fee for said permit as prescribed in the fee schedule, shall have been paid.

   (B)   Before any house or other structure is moved onto a vacant lot, the Planning Commission shall report to the City Council whether the structure will be compatible with other development in the area. If the City Council concurs with the decision of the Planning Commission that a structure would depreciate the area into which it is to be moved, it may withhold issuance of a permit for such relocation. The applicant shall submit photographs taken from two or more angles of the structure to be moved and photos of the lot on which the structure is to be located together with adjacent lots and structures. These requirements do not apply to construction sheds or other temporary structures to be located on a lot for 18 months or less.

   (C)   That it shall have been shown to the satisfaction of the Administrative Official that the said house or other building complies with the gas, plumbing, electrical, and construction requirements of the City of Wall.

   (D)   That the work is to be completed within one year after the permit has been issued by the Administrative Official.

   (E)   If the applicant does not utilize a licensed mover, the applicant may also be required to file with the City Finance Officer a sufficient bond conditioned so that the applicant will indemnify the city and any public utility for any damage done to any property, street, alley or public grounds. No building shall be moved other than during the period from daylight to sundown. Before any permit is granted under this section, the applicant must furnish proof that all taxes legally assessed against the property have been paid. If a building or structure is to be moved onto any lot within the city, the City Council shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this chapter.

   (F)   Any building, which is not newly constructed to be used for first occupancy, shall also meet the following minimum requirements to obtain a permit. The written consent of 66% of property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site.

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

   It shall be unlawful to move any house or other building off of any lot within the city unless and until a permit to do so has been obtained from the Administrative Official. No permit shall be issued until the following requirements are met.

   (A)   The fee for said permit as prescribed in the fee schedule, shall have been paid.

   (B)   That the work is to be completed within one year after the permit has been issued by the Administrative Official.

   (C)   The applicant shall also file with the Administrative Official a map of roadways upon which the building will be carried within city limits. Further, the applicant may be required to provide documentation of condition of said roadways, including right-of-way, utilities, private property, etc., both prior to, and following the moving of the structure.

   (D)   If damage occurs, the applicant shall be held financially responsible for the repair of roadways, including right-of-way, utilities, private property, etc. to their respective condition prior to the damage. All work shall be performed to the standards of the City of Wall.

   (E)   No building shall be moved other than during the period from daylight to sundown. Before any permit is granted under this section, the applicant must furnish proof that all taxes legally assessed against the property have been paid. If a building or structure is to be moved onto any lot within the city, the City Council shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this chapter.

   (F)   When no replacement structure is to be moved in or constructed, the applicant shall agree to restore the lot to a buildable condition. This may include but is not limited to concrete basement removal, collapsing of the basement walls, earthwork, landscaping and/or reseeding.

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

   (A)   Where any commercial or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front as determined by the City Council. Exception: screening is not required if written consent from the affected property owner is provided in lieu of providing the screening.

   (B)   The screening required herein shall consist of a solid fence or wall at least 50% opaque not less than five feet nor more than six feet in height but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right-of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the Planning Commission may also be required in addition to or in lieu of fencing.

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

   In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

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

   In all zoning districts, refuse (rubbish, garbage, trash, waste or debris) shall be kept within a complete enclosed building or specially designed closed container made for such purpose. Owners of vacant lots shall be responsible for keeping their property free of trash.

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

   The following structures or uses are exempt from the regulations of this chapter and shall be permitted in any district:

   (A)   Poles, wires, cables, conduits, laterals, pipes, mains, valves or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by the City of Wall, the Public Utilities Commission, or public utilities.

   (B)   Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way.

   (C)   Public street identification signs, traffic signs and directional signs in any parking area where such signs are necessary for the orderly movement of traffic.

   (D)   Any other uses or structures listed as exempt elsewhere in this chapter.

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

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

      (1)   In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

      (2)   The City of Wall shall limit the number of dispensaries to one.

      (3)   Cannabis cultivation, manufacturing, growing, and testing are not permitted uses by this chapter.

      (1)   A cannabis establishment shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis establishment application;

      (2)   A cannabis establishment shall be located not less than 500 feet from a single or multi-family residence, church, child daycare facility, library, public park, hospital, clinic, long term care facility, mental health facility, substance abuse facility, correctional facility, drug education and/or counseling center, funeral home, shelter, group home, other cannabis establishment existing before the dale of the cannabis establishment application;

      (4)   Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the cannabis establishment is proposed.

      (1)   Permanent or temporary cannabis establishment are prohibited in all other zoning districts and not eligible for a home occupation use.

      (2)   It shall be unlawful to operate a cannabis establishment in a building which contains a residence or a mixed-use building with commercial and residential uses.

      (3)   It shall be unlawful to operate any portion of a cannabis establishment outdoors. All business activity and operational activity shall occur in a secure building/structure not accessible to the public.

   (G)   The Administrative Official is authorized to issue permits (building/use) for cannabis establishments subject to following:

      (1)   Submission of a site plan containing the following:

         (a)   Any information required for applicable building permit;

         (b)   Ingress and egress plan;

         (c)   Parking plan;

         (d)   Lighting plan (including security lighting);

         (e)   Screening/security fencing plan;

         (f)   Refuse plan;

         (g)   Hours of operation; and

         (h)   Any other information as lawfully may be required by the Administrative Official to determine compliance with this chapter and state law.

      (2)   Documentation of ability to meet setback/separation requirements.

      (3)   Documentation of state licensure.

   (H)   All cannabis establishments are required to be constructed in conformance with the most recent edition of the International Building Code and International Fire Code.

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

   A bed and breakfast (B&B) is a private single-family residence, which is used to provide limited meals and temporary accommodations for a charge to the public. Such establishments should be located where there will be minimal impact on surrounding residential properties and should comply with the following conditions:

   (A)   B&Bs shall be limited to residential structures with an overall minimum of 1,800 square feet of floor. Preference will be given to structures with historic or other unique qualities.

   (B)   B&Bs shall be in compliance with applicable state laws including registration with the South Dakota Department of Health, maintaining a guest list, and providing a smoke detector in each sleeping room.

   (C)   Accessory use signs shall be based on similar requirements for a home occupation permit and shall not be more than two square feet in area.

   (D)   Such uses shall be an incidental use with an owner-occupied principal dwelling structure provided that not more than four bedrooms in such dwelling structure shall be used for such purpose.

   (E)   Off-street parking requirements shall be one space per guestroom and shall be in addition to parking requirements for the principal use. Off-street parking shall not be located in a required front or side yard and screening shall be required when adjacent to residentially used property.

   (F)   The length of stay shall not exceed 14 days during any 120-day consecutive period.

   (G)   Meals shall be limited to breakfast, which is prepared in a common facility (household kitchen). Meals may be served only to overnight registered guests and cooking is not permitted in the sleeping rooms.

   (H)   The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and floor plan showing a location of the sleeping rooms, lavatories, and bathing facilities, and kitchen shall be submitted with application.

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

   (A)   A home occupation is a business conducted in a dwelling unit, provided that the occupation is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of such secondary use. For the purposes of minimizing conflicts with neighboring residentially used property, the City of Wall has established minimum performance standards for home occupations.

      (1)   No person other than members of the family residing on the premises shall be engaged in such occupation;

      (2)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinated to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. Exception: in-home daycares providing care for less than 12 children in a 24-hour period may utilize more than 25% of the floor area of the dwelling unit;

      (3)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square foot in area, non-illuminated, and mounted flat against the wall of the principle building;

      (4)   No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises;

      (5)   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street; and

      (6)   Notwithstanding the preceding standards, any operation that provides care for more than 12 children in a 24-hour period shall not be considered a home occupation.

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

   (A)   Caretaker/watchman's quarters on parcels in any commercial or industrially zoned property shall require a conditional use permit.

   (B)   Caretaker or watchman's living quarters shall be limited to not more than one dwelling unit.

   (C)   The dwelling unit shall be occupied by person(s) associated with the operation or maintenance of the business or building. If it is found that the occupant(s) are not associated with such operation or maintenance the living area shall be removed.

   (D)   The total area of the dwelling unit shall consist of not more than 30% of the total area of the building.

   (E)   (1)   The dwelling unit shall maintain an entrance other than that of the business associated with the caretaker or watchman's living quarters.

         (a)   If a single entrance enters into a common hallway or corridor in which the business and dwelling unit are entered separately, the dwelling unit may be allowed to use the same entrance as the business.

         (b)   Entrance to the dwelling unit is accessible only by employees of the business.

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

   Private storage structures may be permitted on a lot or lots not adjacent to the lot to which the structure is accessory if done so in accordance with § 151.044(F) in any district where this use is listed as a conditional use subject to the following minimum requirements established by this chapter:

   (A)   Each private storage structure shall require a conditional use permit.

   (B)   The structure shall be used exclusively for personal storage by the owner of the lot.

   (C)   The structure may not be used to operate a business of any kind.

   (D)   The structure shall consist of a maximum sidewall height of 14 feet.

   (E)   Private storage structures may exceed the maximum area established by this section and/or be constructed with a sidewall height of 16 feet provided:

      (1)   The applicant submit with the application the written consent of two-thirds of all of the owners of property adjoining the lot upon which the proposed structure will be constructed shall be submitted with the application;

      (2)   The minimum required side yard (setback) shall be doubled; and

      (3)   The minimum required secondary front yard (setback) shall be doubled on lots with more than one frontage.

   (F)   If at any time after the construction of the private storage structure it should become accessory to an allowable primary use on the same lot, the use of the structure shall conform with the accessory use provisions of this chapter.

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