This chapter shall be known and may be cited and referred to as the 1995 Zoning Ordinance to the same effect as if the full title were stated.

(Ord. No. 711, § I, 10-23-95)

For the purpose of this chapter certain terms and words are hereby defined: words used in the present tense shall include the future, words in the singular number shall include the plural number and the plural the singular; the word "building" shall include the word "structure" and the word "lot" shall include the word "plot": and the word "shall" is mandatory and not directory.

Accessory building or use: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

Acreage: Any tract or parcel of land which has not been subdivided and platted.

Alley: A public thoroughfare, not more than thirty (30) feet wide, which affords only a secondary means of access to abutting property.

Apartment: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.

Automobile repair: General repair, engine rebuilding, rebuilding or reconditioning or motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

Automobile service station: A place where gasoline stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobile, but not including automobile repairs and rebuilding. When the dispensing, sale or offering for sale of motor fuel or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

Auto wrecking or junk yard: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, or not currently licensed, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

Basement: A story having part but not more than one-half (½) its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes other than by a janitor employed on the premises.

Boarding house/bed and breakfast: A building other than a hotel or restaurant, where sleeping rooms and meals are provided on a temporary basis for compensation for four (4) or more persons, but not exceeding twelve (12) persons.

Building: Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.

Building area: The building area of a lot is the space remaining after the minimum open space requirements of this chapter have been complied with.

Building heights: The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck of a line of mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building line: For the purpose of this chapter the building line is the same as front yard setback line.

Carport: A structure attached or made a part of the main structure and which is open to the weather on at least two (2) sides, intended for the use of sheltering not more than two (2) motor driven vehicles.

Cellar: A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

Court: An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.

Curb grade: The established elevation of the curb in front of the building measured at the center of such front. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this chapter.

District: A section or sections of the incorporated area of the city for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

Dwelling: A building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding and lodging houses, and house trailers, mobile homes or any structure that has been a house trailer or mobile home.

Dwelling unit: One (1) or more rooms in a dwelling or apartment hotel designed primarily for occupancy by one (1) family for living or sleeping purposes.

Dwelling, one-family: A detached building designed or occupied by one (1) family.

Dwelling, two-family: A building designed or occupied by two (2) families living independently of each other.

Dwelling, multiple: A building or portion thereof designed or occupied by three (3) or more families living independently of each other.

Dwelling row: A row of three (3) to six (6) attached one-family dwellings, not more than two and one-half (2½) stories in height, nor more than two (2) rooms deep.

Family: An individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

Frontage: All property on one (1) side of a street between two (2) intersecting streets, or natural barriers.

Garage, private: An accessory building for the storage of not more than three (3) motor-driven vehicles, of which not more than one (1) shall be a commercial vehicle.

Home based daycare: Providing care and supervision of children from more than one (1) unrelated family in a one-family or two-family dwelling on a regular basis for part of a day as a supplement to regular parental care.

Hospital or sanitarium: An institution open to the public in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

Hotel: A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms.

Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.

Kennel: Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.

Landing/deck: A platform not including roof or canopy, with or without a rail extending no more than six (6) feet into the required front setback and no more than eight (8) feet in width. Means of access to the landing/deck (steps or ramp) are exempt from the six-foot restriction in this definition. Landings are not to be included in the square footage calculation when determining the area of a lot that can be covered with structures.

Loading space: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Lot: A parcel of land occupied or suitable for occupancy by one (1) main building or use, with accessory buildings, including the open spaces required by this chapter, and having its principal frontage upon a public street or highway.

Lot, corner: A lot situated at the intersection of two (2) or more streets.

Lot, double frontage: A lot which extends from one (1) street to a second street which approximately parallels the first.

Lot, frontage: The front of a lot shall be that boundary of a lot along a public street; and for a corner lot the front shall be the shorter lot boundary along a street.

Lot, interior: A lot other than a corner lot.

Lot of record: A lot, tract or parcel of land, the ownership of which is a record at the time of adoption of this chapter.

Lot, width: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Lot, depth: The horizontal distance between the front and rear lot lines measured in the mean direction on the side lot lines.

Medical cannabis dispensary or dispensary shall mean the entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G and licensed by the city pursuant to chapter 13 of the Code of Ordinances that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. Medical cannabis dispensary does not include a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a recreational cannabis dispensary.

Nonconforming use: Any building, structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this chapter or amendments thereto, which does not conform after passage of this chapter or amendments thereto with the regulations of this chapter.

Nursery: Land used to raise trees, shrubs, flowers and other similar plants. A nursery may include a retail sales building subject to the regulations herein.

Nursery school, daycare or nursery: Providing care and supervision of children from more than one (1) unrelated family, in a location that is not a family home, on a regular basis for part of a day as a supplement to regular parental care.

Nursing home or rest home: A private hospital for the care of the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

Parking area, public: An open area, other than street, used for the temporary parking or more than four (4) automobiles an available for public use whether free, for compensation or as an accommodation for clients or customers.

Parking area, private: An open area for the parking or privately owned automobiles and not for public use.

Parking space: A concrete or asphalt surfaced area, enclosed in the main building, in an accessory building, or unenclosed comprising an area not less than ten (10) feet wide and not less than twenty (20) feet long (two hundred (200) square feet), exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. Angled parking stalls serving multiple-family, commercial and industrial uses shall meet the size standards on file at the city engineer's office.

Porch: A roofed entrance to a building, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Private sale: Includes private garage, rummage and yard sales of personal property on individual residential lots provided they do not negatively impact the residential nature of the neighborhood.

Small implement: Any motorized equipment not exceeding twenty (20) horsepower which can be transported easily in a standard eight-foot pickup truck box.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

Street: Any public or private thoroughfare other than an alley, which affords access to abutting property, including boulevard, highway, road, avenue, place, lane, drive or way.

Street line: A dividing line between a lot, tract or parcel of land and a contiguous street.

Structure: Anything constructed or erected, which required location on the ground or attached to something having location on the ground.

Structural alterations: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Tourist home: A dwelling in which overnight accommodations are provided or offered for transient guests.

Use: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

Vehicle storage yard: Any outdoor area used for the temporary storage of vehicles and/or the impoundment of vehicles.

Wind energy conversion system (WECS): Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.

Yard: An open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard front: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

Yard rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard side: A yard between the side lot line and the building, extending from the front yard to the rear yard.

(Ord. No. 711, § II, 10-23-95; Ord. No. 738, § 1, 8-12-96; Ord. No. 762, § 1, 11-24-97; Ord. No. 763, § 2, 11-24-97; Ord. No. 796, § 1, 1-24-00; Ord. No. 808, § 2, 10-23-00; Ord. No. 930, § 1, 6-14-10; Ord. No. 957, 6-10-13; Ord. No. 966, § 1, 7-14-14; Ord. No. 1054, 8-23-21)

The city is hereby divided into ten (10) use districts.

R-1 One-Family District

R-2 One-Family District

R-3 Two-Family District

R-4 Multi-Family District

B-1 Local Business District

B-2 Highway Business District

B-3 Central Business District

I-1 Industrial District

I-2 Industrial Park District

A-1 Agricultural District

The boundaries of designated districts are shown upon the map [and] made a part of this chapter, which map is designated as the zoning map of the City of Yankton. The zoning map [is] made a part of the chapter, and on file in the office of the city manager for the City of Yankton and all notations, references and other information shown thereon are a part of this chapter and have the same force and affect [effect] as if the zoning map and all such notations, references, and other information shown thereon were fully set forth or described herein.

(Ord. No. 711, § III, 10-23-95)

(a)

[The inclusion of surrounding property being zoned is designated as follows:]

(1)

All streets, alleys and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys or railroad right-of-way. Where the centerline of a street or alley serves as a district boundary the zoning of such street or such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(2)

Whenever any street, road or public way is vacated by official action of the city, the zoning district adjoining each side of such street, road or public way shall be extended automatically to the center of such vacation and all area included in the vacation shall be subject to all the regulations to the extended district.

(b)

No building or structure shall be used, erected, converted, enlarged, reconstructed or structurally altered, until a building permit is issued; nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

(c)

No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established unless a zoning variance is granted as defined in section 27-11 of this chapter.

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than fifteen (15) feet [of] the height limits of the district in which it is located, except that aerials or antennas designed to [for] radio or television reception may be erected to a height not to exceed ninety (90) feet from the ground level, provided said aerial or antenna is attached to the building or erected in the rear yard area.

(d)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

(e)

No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter, may be reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirements of or for any other building.

A landing, not including a roof or canopy, with or without a rail, may occupy a front yard. A one-story bay window may project into a front yard not more than three (3) feet. Overhanging eaves including gutters may project over the minimum required front, side or rear yard not more than twenty-four (24) inches.

The minimum yards or other open spaces, including lot areas per family required by this article for each and every building existing at the time of passage of this chapter or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.

(f)

Any separate tract the title of which was of record at the time of the adoption of this chapter, that does not meet the requirements of this chapter for yards, courts, or other area of open space may be utilized for single residence purpose provided the requirements for such yard, lot area, or open space is within seventy-five (75) per cent of that required by the terms of this chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

(g)

The principal building on a lot shall front upon a public street or place.

(h)

Fences: In any district zoned R-1, R-2, R-3, or R-4 residential or B-1 local business; no fence, wall, structure, or planting of foliage or other structure shall be erected except as follows:

(1)

No fence, wall, structure or planting of foliage shall be permitted from the established building line to the street line around the side or front yards which exceeds four (4) feet in height.

(2)

On corner lots no fence, wall, structure or planting of foliage shall interfere with traffic visibility or exceed three (3) feet in height above the abutting curb within a triangular area defined as follows: "beginning at the intersection of the projected curb lines of two (2) intersecting streets, thence thirty (30) feet along one (1) curbline, thence diagonally to a point thirty (30) feet from the point of beginning on the other curbline, thence to a point of beginning.

In industrial, B-2 or B-3 business districts or agricultural districts no fence shall be erected that restricts the visibility of traffic within thirty (30) feet of any intersection.

(i)

No building in the rear of any principal building on the same interior lot shall be used for residence purposes.

(j)

Nothing in this chapter shall be deemed to require any change in the plans, construction nor designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on, and provided further, that such buildings, shall be completed within two (2) years from the date of passage and publication of this chapter.

(k)

An area indicated on the official zoning map as a public park or recreation area, public utility area, elementary, public school site, or semipublic open space, shall not be used for any other purpose and when the use of the area is discontinued it shall automatically be zoned R-1. One-family district, until appropriate zoning is recommended to the board of commissioners by the plan commission.

(l)

Any area annexed to the city shall, upon annexation be automatically zoned the same designation as it was in the extraterritorial jurisdiction. If the area was not in the extraterritorial jurisdiction, any area annexed to the city shall, upon such annexation be automatically zoned agricultural until, in the waiver provided for amendments to this chapter, appropriate zoning has been recommended to the board of commissioners by the plan commission and the board of commissioners has taken action thereon. The plan commission shall submit recommendations for the zoning of the annexed area within three (3) months after the date of annexation if it was not in the extraterritorial jurisdiction.

(m)

A permit shall not be issued for the construction of a cellar only for residence purposes.

(n)

No lot tract or parcel of land R-2, R-3 or R-4 residence district shall be hereafter plotted or reduced to an average width of less than sixty (60) feet, nor to less than eighty (80) feet in an R-1 residence district.

(o)

Open air sales permit.

(1)

Any person desiring an open air sales permit shall submit a letter in writing to the city manager setting forth the name and address of the applicant, description of real estate, and number of days for which an open air sales permit is desired and the operations to be carried out under the proposed permit. The city manager shall then present this letter to the board of city commissioners at their next regularly scheduled meeting for their approval or disapproval.

(2)

The premises where any such open air sales are conducted shall be kept in a neat, orderly, presentable, sanitary and safe condition. Any open air sales permit issued hereunder may be revoked by the city commission for any violation of this chapter of the city.

(Ord. No. 711, § IV, 10-23-95; Ord. No. 957, 6-10-13)

(a)

A plan of parking facilities shall accompany each application for a building permit or certificate of occupancy. The completion of the improvements for parking according to such plan shall be a requisite for the validity of the permit or certificate.

(b)

The board of city commissioners may authorize a special permit to allow a commercial parking lot in a residence zone for the purpose of meeting the requirements of this section, subject to the following limitations:

(1)

Public notice must be given and a public hearing held by the zoning board of adjustment on the request for a special permit in the same manner in which said notice is given and such hearing is held on a request for a variance.

(2)

Notice must be given by registered mail to all owners of property lying within two hundred fifty (250) feet of the land for which the special permit is sought.

(3)

A special permit shall not be granted unless the application show[s] and warrants that in the proposed development of the parking area, that front and side yards will be met and maintained, and that the area will be paved with asphalt or concrete and adequately drained; and furthermore, that the parking area be screened from the street with a wall or planting, or both, having a height of not less than four (4) feet; and that such screen will also be placed along the parking area adjacent to residence lots; and that any lights used to illuminate such parking area shall be so arranged as to reflect the lights away from the adjoining premises in the residence district.

These limitations do not apply to parking areas associated with conditional uses in residential districts. Such parking areas shall be considered a conditional use and follow the regulations governing such.

(c)

Off-street loading facilities. On the same lot with every building or part thereof, erected hereafter to be used for other than exclusive dwelling purposes, or as an accessory use for dwelling purposes, there shall be provided on the lot, adequate space for motor vehicles in order to avoid undue interference with the public use of streets or alleys. Such space, unless otherwise adequately provided for shall include a ten-foot by twenty-five-foot loading space, with fifteen (15) feet height clearance, and one (1) such space shall be provided for each twenty thousand (20,000) square feet or fraction thereof of floor or lot area used for other than residence purposes.

(d)

Off-street parking. For the purpose of this section an area not less than ten (10) feet wide and not less than twenty (20) feet long (two hundred (200) square feet), of lot or floor area, which has a means of ingress or egress from an alley or street, shall be deemed a parking space for one (1) vehicle. Angled parking stalls serving multiple-family, commercial and industrial uses shall meet the size standards on file at the city engineer's office. Such space shall not occupy any part of any required front yard, but where open may be included as part of a required open space for side or rear yard. On corner or through lots, parking space may not be included as part of required yards lying adjacent to either street. Such parking spaces and access driveway shall be paved with asphalt or concrete. Such parking spaces shall be reserved for the sole use of the occupants of the building or lot and the visitors thereto. Churches, theaters, stadiums, auditoriums and other places of assembly may make arrangements for joint use of parking spaces as hereinafter specified in any district, except the B-3 central business district where off street parking is not required unless otherwise noted in paragraph (23), every building built or structurally altered, enlarged, or increased in capacity, and every land use initiated subsequent to the adoption of this section shall be provided with minimum off-street parking facilities [as follows]:

(1)

Automobile equipment and boat sales: One (1) space for each eight hundred (800) square feet of gross floor area.

(2)

Automobile service stations: Three (3) spaces for each grease rack or similar facility.

(3)

Banks, office and/or public office buildings: One (1) space for each two hundred fifty (250) square feet of gross floor area.

(4)

Barber shops or beauty parlors: Two (2) spaces per chair.

(5)

Bowling alleys: Five (5) spaces per alley plus additional spaces as may be required herein for related uses such as restaurants.

(6)

Churches: One (1) space per five (5) seats or bench seats one (1) seat constitutes eighteen (18) inches).

(7)

Dwellings (single-and two-family): Two (2) spaces per dwelling unit.

(8)

Dwellings (multiple-family): one and five tenths (1.5) spaces per dwelling unit.

(9)

Drinking and dining establishments; private clubs, lodges, dance halls: One (1) space for each three (3) seats or one (1) space for each one hundred fifty (150) square feet of gross floor area whichever is greater.

(10)

Funeral homes or mortuaries: One (1) space for each five (5) seats or one (1) parking space for each one hundred fifty (150) square feet of floor area, whichever is greater.

(11)

Golf courses: Five (5) spaces per hole plus any additional spaces required by this chapter for club houses or restaurants.

(12)

Hospitals, sanitariums: One (1) space for each three (3) beds.

(13)

Hotels and motels, lodging houses: One (1) space for each rental unit plus additional spaces that may be required herein for related uses such as restaurants.

(14)

Manufacturing or industrial: One (1) space for each five hundred (500) square feet of gross floor area or one (1) parking space for each two (2) employees, based on the greatest number of employees at work at one (1) time, whichever is greater.

(15)

Medical or dental clinics: Two (2) spaces for each examining room or one (1) space for each three hundred (300) square feet of gross floor area, whichever is greater.

(16)

Public assembly (theaters, auditoriums, sports arena): One (1) space for each five (5) seats where fixed seating is provided or one (1) space for each one hundred (100) square feet of gross floor area where fixed seating is not provided.

(17)

Retail business: One (1) space for each two hundred fifty (250) square feet of gross floor area.

(18)

Schools (elementary, junior high, private, parochial, day care centers, nursery): One (1) space for each classroom and administrative office. High schools and colleges: One (1) space for each classroom and administrative office plus any additional spaces for any auditorium or gymnasium as herein provided.

(19)

Warehouses, wholesale establishments, furniture store, lumber yards: One (1) space for each one thousand (1,000) square feet of gross floor area.

(20)

Nursing homes: One (1) space per room.

(21)

Arts educational facilities including but not limited to dance studios: One (1) space for each two hundred fifty (250) square feet of gross floor area.

(22)

State licensed assisted living facilities: One (1) space per patient room.

(23)

New multiple-family dwellings in the B-3 central business district that would require more than seventy-five (75) parking spaces based on (8), dwellings (multiple-family) shall provide required spaces in excess of seventy-five (75) within four hundred (400) feet of the dwelling structure.

(e)

Each parking space shall be not less than two hundred (200) square feet in area and shall be a definitely designated stall adequate for one (1) motor vehicle.

(f)

In any determination of parking requirements as set forth in this section, where the resultant figure contains a fraction, any fraction more than one-half (½) shall be counted as one (1) parking space.

(g)

For any use or building not provided for above, the off-street parking requirements shall be determined by the administrative officer, using as a guide the aforementioned use and requirements which most closely resemble the proposed use.

(Ord. No. 711, § V, 10-23-95; Ord. No. 762, § 1, 11-24-97; Ord. No. 814, § 1, 4-23-01; Ord. No. 957, 6-10-13; Ord. No. 1072, § 1, 5-8-23)

The lawful use of land or buildings existing at the time of the adoption of this chapter may continue although such use does not conform to the regulations specified by this chapter for the district in which such land or building is located, subject to the following conditions, and specifications:

(1)

A nonconforming use of land (outside of a building) shall be made to conform to the provisions of the zoning ordinance within a period of two (2) years after adoption of the zoning ordinance; provided that this shall not apply to land devoted to agricultural uses (including nurseries) and shall not apply to any installation or other use by any public utility as the same may exist or be used at the time of the adoption of this zoning ordinance.

(2)

Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of one (1) year shall thereafter conform to the provisions of this chapter.

(3)

Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of sixty (60) per cent or more of its assessed valuation, shall thereafter conform to the provisions of this chapter. Where more than forty (40) per cent of the assessed value of the building remains after such damage, such structures may be restored to the same nonconforming use as existed before such damage.

(4)

No nonconforming use of a building may be moved to any other part of a parcel of land upon which same was conducted at the time of the adoption of the chapter.

(5)

Nonconforming structures or buildings may not be enlarged or structurally altered in a way that increases its nonconformity without a variance therefore as defined in this chapter, but any structure or portion thereof may be altered or enlarged one (1) time per lot a maximum of twenty-four (24) linear feet of structure exposure within each required setback area if it does not increase its nonconformity. This provision does not apply to a nonconforming use of a building.

(6)

A nonconforming use of a building existing at the time of the adoption of this chapter may be extended throughout the building provided no structural alterations except those required by ordinance or law are made therein, and provided approval is granted by the board of city commissioners.

(7)

The use of a nonconforming building may be changed to a more restricted classification or a use of equal character, but not to a less restricted classification.

(8)

Any nonconforming signs or billboards shall be removed within a period of two (2) years from the adoption of this chapter.

(9)

The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed by amendment to this chapter.

(Ord. No. 711, § VI, 10-23-95)

The city manager, or a person designated by the city manager, is designated as the officer of said city to be responsible for enforcing the zoning ordinance of the city. Said administrative officer shall have the power and shall exercise the functions prescribed by the state law and by the terms of all ordinances of said city now in force or hereafter passed relating to the state law.

(Ord. No. 711, § VII, 10-23-95)

(a)

Building permit. No building or structure shall hereafter be erected or structurally altered until a building permit has been issued by the administrative officer stating that the building or structure, and use of land comply with the regulations of this chapter and all building and health laws and ordinances.

All applications for building permits shall be accompanied by a site plan in duplicate drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the administrative officer.

(b)

Use permit. No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the administrative officer. No such use permit shall be issued to make such a change unless it is in conformity with the provisions of this chapter or amendments thereto hereafter duly enacted.

(Ord. No. 711, § VIII, 10-23-95; Ord. No. 957, 6-10-13)

Nothing in this chapter shall prevent continuance of the present occupancy of lawful use of any existing buildings, except as may be necessary for the safety of life and property.

(Ord. No. 711, § IX, 10-23-95)

(a)

Residential. The board of commissioners may, by ordinance and after a public hearing and a recommendation by the plan commission held and made in the manner provided by law for amendments to this chapter, authorize, in any district, the location and development of a planned residential development of single- or multiple-family dwellings, or both, on not less than five (5) acres of land, and provided:

(1)

The plan is consistent with the intent and purpose of this chapter to promote health, safety and general welfare.

(2)

The buildings shall be used only for single-family dwellings, two-family dwellings or multiple-family dwellings and the usual accessory uses such as garages, storage space or project activities.

(3)

Adequate open spaces are provided between buildings to create an appearance and character of development suitable for the district in which the improvement is to be located.

(4)

Off-street parking facilities to be provided to meet all requirements of section 27-5.

(5)

The specific requirements of this chapter for yards, height of buildings and intensity of use of land may, but need not be required in part or in whole of any planned residential development authorized under this section.

(6)

The board of commissioners may consider allowing WECS in new residential areas as a part of the development of a community unit plan ordinance. Specific regulations related to the consideration of WECS under this provision shall be developed during the plan creation process.

(b)

Commercial: The board of commissioners may, by ordinance and after a public hearing and a recommendation by the plan commission held and made in the manner provided by law for amendments to this chapter, authorize, in any district, the location and development of a planned commercial development of single- or multiple-family dwellings, or uses as described in any commercial district in this chapter, on not less than five (5) acres of land, and provided:

(1)

The plan is consistent with the intent and purpose of this chapter to promote health, safety and general welfare.

(2)

The buildings shall be used only for single-family dwellings, two-family dwellings, multiple-family dwellings or commercial structures and the usual accessory uses such as garages, storage space or project activities.

(3)

Adequate open spaces are provided between buildings to create an appearance and character of development suitable for the district in which the improvement is to be located.

(4)

Offstreet parking facilities to be provided to meet all requirements of section 27-5.

(5)

The specific requirements of this chapter for yards, height of buildings and intensity of use of land may, but need not be required in part or in whole of any planned commercial development authorized under this section.

(c)

Industrial: The board of commissioners may, by ordinance and after a public hearing and a recommendation by the plan commission held and made in the manner provided by law for amendments to this chapter, authorize, in any district, the location and development of a planned industrial development containing uses as described in any industrial district in this chapter, on not less than five (5) acres of land, and provided:

(1)

The plan is consistent with the intent and purpose of this chapter to promote health, safety and general welfare.

(2)

The buildings shall be used only for industrial structures and the usual accessory uses such as, storage space or project activities.

(3)

Adequate open spaces are provided between buildings to create an appearance and character of development suitable for the district in which the improvement is to be located.

(4)

Off-street parking facilities to be provided to meet all requirements of section 27-5.

(5)

The specific requirements of this chapter for yards, height of buildings and intensity of use of land may, but need not be required in part or in whole of any planned industrial development authorized under this section.

(d)

Amendments. Community unit plan amendments [shall] be processed as follows:

(1)

Major amendments. Major amendments to the community unit plan shall be required to be considered in the same manner as the community unit plan was originally adopted. Any change not specifically listed as a minor amendment is considered a major amendment.

(2)

Minor amendments. Minor amendments to the community unit plan shall be submitted to the department of public works. After review and recommendation by department of public works staff, the city manager, or a person designated by the city manager, may approve such change if he/she deems appropriate.

The following changes in a community unit plan are considered minor amendments:

a.

Any adjustment of a building within a previously established building envelope.

b.

A reduction in density and scale (down-zoning) provided that the proposed use is contiguous with a similar use area (i.e., residential adjacent to residential, commercial adjacent to commercial or industrial adjacent to industrial).

c.

Any minimal change in street pattern.

(Ord. No. 711, § X, 10-23-95; Ord. No. 734, § 1, 6-24-96; Ord. No. 930, § 1, 6-14-10)

(a)

Zoning board of adjustment established: The governing body or city commission of the City of Yankton, South Dakota shall constitute the board of adjustment, and said governing body or city commission shall act as and perform all the duties and exercise all the powers of the board of adjustment; the mayor shall be chairman of said board of adjustment, and the concurring vote of at least two-thirds (⅔) of the members of said board of adjustment, as so composed shall be necessary to reverse any order, requirement, decision or determination of any administrative officer, or to decide in favor of the appellant upon any matter upon which it is required to pass under any zoning ordinance, or to effect any variation of such ordinance, of which said board of adjustment shall have jurisdiction. The city commission shall invite the members of the plan commission to attend all hearings on matters brought before it as a zoning board of adjustment.

(b)

Jurisdiction: The board shall have the following powers:

(1)

All the powers granted by the laws of South Dakota.

(2)

The board shall be satisfied by the evidence heard before it that the granting of any variance permitted in SDCL will alleviate a hardship approaching confiscation as distinguished from special privileges sought by the owner, and be the minimum variance that will afford relief to the property owner. Said variance is only valid if the construction begins within one (1) year, and is completed within two (2) years of the date that the variance is approved.

(3)

Where the street or lay-out on the ground actually varies from the street and lot lines as shown on the zoning map, the board shall interpret the map and the provisions of the chapter in such a way as to carry out the intent and purpose of this chapter for the particular district or section in question.

(4)

To permit the reconstruction, within one (1) year, and use as before of a nonconforming building destroyed or damaged to more than sixty (60) per cent of its value by fire, explosion, act of God, or by, public enemy where the board finds that the public needs [to] require a continuance of the nonconforming use and that such continuance would not primarily permit a continuation of a monopoly.

(5)

To permit the erection and use of a building or the use of premises in any location for a public service corporation for public convenience or welfare.

(6)

To determine, in case of uncertainty, the classification of any use.

(7)

To permit the variation of side and rear yards and area requirements for a lot or parcel of record having less area or width than required by this chapter where these regulations would reduce the buildable width of a lot to less than twenty-eight (28) feet.

(8)

To permit the erection of a building in excess of the height regulations of this chapter when it is determined that adequate fire protection can be provided and that such a variance would not detract from the character of a residential neighborhood.

(9)

To permit a variance from the parking provisions of this chapter when it can be demonstrated that adequate offstreet parking facilities will or are being provided.

(c)

Appeals and review: Appeals may be taken to the zoning board of adjustment as provided by state law, and shall be taken within such time as shall be prescribed by the board of adjustment by general rules adopted by it, and heard and decided within a reasonable time, but not exceeding sixty (60) days.

(1)

Stay of proceedings. The appeal stays all proceedings, except as provided by state law.

(2)

Notice. All decisions and recommendations of the zoning board of adjustment shall be reached only after a public hearing and after notice of the time and place of hearing has been given personally or by certified or registered mail to the applicant and the officer from whom the appeal is taken: such notice shall also be published in the official city newspaper not less than ten (10) days nor more than twenty-one (21) days prior to the hearing. Such notice shall contain the address and sufficient description to identify the property for which a hearing by the board is sought, as well as a brief description of the nature of the application.

(Ord. No. 711, § XI, 10-23-95)

(a)

Amendments: The regulations imposed and the districts created under this ordinance may be amended by ordinance, but no such amendment shall be made without public notice and without a public hearing before the plan commission.

At least ten (10) days' notice of the time and place of such hearing shall be published in the official newspaper of the City of Yankton, said notice to contain the particular location for which the amendment is requested, as well as a brief statement describing the proposed amendment.

(b)

Conditional uses: Applications for conditional uses, as defined in this ordinance, shall be considered at a public hearing before the plan commission pursuant to the requirements of this ordinance. Said plan commission shall make its findings of fact and recommendations to the city board of commissioners within thirty (30) days after the public hearing. The board of commissioners may then authorize a conditional use as defined herein by specific resolution.

(c)

[Special consideration for conditional uses:] Conditional uses referred to in this chapter possess unique characteristics making it impractical to include them in a specific use district. These uses require special consideration since they can create problems of control to abutting use districts and may be granted by the board of city commissioners provided that all of the following requirements are met:

(1)

The use will not interfere with surrounding use districts.

(2)

The use is so located, site planned, and designed to avoid undue noise, odor, smoke or other nuisances and dangers to other abutting properties.

(3)

Meets all applicable laws of the State of South Dakota and the City of Yankton.

(4)

Adequate waste treatment, utilities, and roadways can be provided.

Any conditional use which has ceased by discontinuance, abandonment or for which the use has not commenced after permitting for the period of one (1) year shall thereafter conform to the provisions of this chapter.

(Ord. No. 711, § XII, 10-23-95; Ord. No. 957, 6-10-13)

Prior to the introduction of any ordinance proposing changes in the zoning ordinance there shall first be filed with the city finance officer the written consent of sixty (60) per cent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty (250) feet from any part of such proposed district measured by excluding streets and alleys.

A corporation shall be construed to be a sole owner. When parcels of land are in the name of more than one (1) person, ownership representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners.

Proposed changes introduced by the city, a municipal corporation, and properties within one (1) year after annexation shall be exempt from the provisions of this section.

(Ord. No. 711, § XIII, 10-23-95; Ord. No. 957, 6-10-13)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this chapter to interfere with, abrogate annul or repeal any ordinance, rules, regulations, previously adopted, and not in conflict with any of the provisions of this chapter or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenants, or other agreements between parties, except that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such easements, covenants or other agreements, the provisions of this chapter shall control

(Ord. No. 711, § XIV, 10-23-95)

Fees pertaining to petitions for zoning amendments, use permits, certificates of compliance, variations and for appeals to the zoning board of adjustment, and costs of giving [living] notices, shall be established by action of the board of city commissioners from time to time, such fees and costs shall be prepaid to the city finance officer, who shall give a receipt therefore and account for same at regular intervals to the board of city commissioners.

(Ord. No. 711, § XV, 10-23-95)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense. Each day during which a violation exists shall constitute a separate offense. In order to determine whether a zoning violation exists, a building official may, with the consent of the owner, occupant, or agent, enter upon any property and make an inspection. Such inspection may include the taking of photographs, surveys, samples or other physical evidence. If an owner, occupant or agent refuses consent to the inspection, or if facts or circumstances exist reasonably justifying the failure to seek such consent, the building official may seek an administrative inspection warrant pursuant to the procedures provided for under applicable South Dakota Codified Laws.

(Ord. No. 1008, 6-11-18)

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not effect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid.

(Ord. No. 711, § XVII, 10-23-95)

That the zoning map attached hereto is hereby made a part hereof, [incorporated by reference] and that said map is the zoning map of the City of Yankton, and all of the real estate situated within the corporate limits of the City of Yankton, South Dakota, is hereby classified and zoned and/or reclassified and rezoned as designated in said Zoning Map of the City of Yankton, in districts and subject to the regulations provided in this chapter.

(Ord. No. 711, § XVIII, 10-23-95)