ARTICLE 1

SHORT TITLE

SECTION 101 - Short Title.

This ordinance may be known and may be cited and referred to as "the Zoning Ordinances for Beadle County, South Dakota," to the same effect as if the full titles were stated.

ARTICLE 2

JURISDICTION

SECTION 201 - Jurisdiction.

The provisions of this Ordinance shall apply within the unincorporated areas of Beadle County, as well as the incorporated communities of Huron, Wolsey, Yale, Cavour and Hitchcock, Broadland, Iroquois, Virgil, and Wessington, South Dakota, as established on the map entitled "The Official Zoning Map of Beadle County, South Dakota."

The planning and zoning of the following area shall be controlled jointly by the city and county planning commissions and governing boards in the manner described in this chapter. The area of joint control lying outside the municipal boundaries consists of Sections No. 17, 18, 19, 20, SW ¼ of 21, S ½ of 27, 28, 29 and 30, 31, 32, 33 and 34 in Valley Township, Sections No. N ½ of 3, NW ¼ of 4, 8, S ½ of 9, E ½ of 10, SW ¼ 0f 10, 16, 17, S1/2 of 18, NE ¼ of 18, 19, 20, NW ¼ of 21, NW ¼ of 29, 30 and NW ¼ of 31 in Custer Township, Sections No. 3, 4, NE ¼ of 5, N 1/2 and SE ¼ of 9, 10, 11, 14, 15, E ½ of 16, 22, 23, 24, 25, 26, N ½ of 27, SE ¼ of 27 and the NE ¼ of 36 in Clyde Township, Sections No. 13, E ½ of 14, SW ¼ of 14, SE ¼ of 15, SE ¼ of 21, 22, 23, 24, NW ¼ of 25, 26, 27, E ½ of 28, SW ¼ of 28, E ½ of 32, 33, 34, N ½ of 35, and W ½ of 36 in Theresa Township, all within Beadle County. (Ord. 1251 (part), 1976: Ord. 985 (part), 1971).

SECTION 202 - Provisions of the Ordinance Declared to be Minimum Requirements.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever a provision of any other federal or state law is greater in requirements, that will govern.

ARTICLE 3

OFFICIAL ZONING MAP AND BOUNDARY INTERPRETATION

SECTION 301 - General.

The County is hereby divided in to districts as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

SECTION 302 - Zoning Map Changes.

If in accordance with the provisions of this Ordinance, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map promptly after the amendment has been approved by the Board of County Commissioners with an entry on the Official Zoning map. The minutes of the Board of Commissioners Meeting and the Planning Commission meeting must reflect the DATE, CHANGES MADE, and DESCRIPTION OF THOSE CHANGES.

No amendment to the Ordinance which involves matter portrayed on the official Zoning Map shall become effective until after such change and entry has been made on said map.

Any unauthorized change to the Official Zoning Map made by any person or persons shall be considered a violation of this Ordinance and punishable as provided under Section 31.

The Official Zoning Ordinance shall be located in the Director of Equalization office in the Beadle County Courthouse. The official zoning ordinance and map shall be the final authority as the current zoning status of land within the legal boundaries of Beadle County.

SECTION 303 - Zoning Map Replacement.

In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of County Commissioners may, by resolutions, adopt a new/updated Zoning Map that will supersede the prior Official Zoning Map. The new official map shall be identified by the signature of the Chairperson of the Board of County Commissioners, attested by the County Auditor, and bearing the seal of the County under the following words:

"this is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted _______ (date of adoption of Old Map) as part of Resolution #____ of Beadle County, South Dakota".

SECTION 304 - Rules for Interpretation of District Boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such center lines;

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3. Boundaries indicated as approximately following City limits shall be construed as following such limits;

4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following center line of streams, river, canals, lakes, or other bodies of water shall be construed to follow such center lines;

6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

7. Where physical or cultural features existing on the ground are at variances with

those shown on the Official Zoning Map or in other circumstances not covered by subsections 1 through 6 above, the County Planning and Zoning Commission shall interpret the district boundaries; and

8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the County Planning Commission may permit, as a conditional use, the extension of the regulation for either a portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

ARTICLE 4

APPLICATION OF DISTRICT REGULATIONS

SECTION 401 – General.

The regulations set for this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

SECTION 402 - Zoning Applications.

No building, structure, or land shall hereafter be used or occupied; and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

SECTION 403 - Performance Standards.

No building or other structure shall hereafter be erected or altered:

1. to exceed the height or bulk;

2. to accommodate or house a greater number of families;

3. to occupy a greater percentage of lot area; and

4. 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 the Ordinance.

SECTION 404 - Open Space or Off-Street Parking or Loading Space.

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

SECTION 405 - Yard and Lot Reduction Prohibited.

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

SECTION 406 - Unclassified or Unspecified Uses.

Unclassified or unspecified uses may be permitted by conditional use permit by the Board of County Commissioners acting as the Board of Zoning Adjustment after the

Planning Commission has reviewed and made recommendations provided that such uses are similar in character to the principle uses permitted in the district.

ARTICLE 5

ESTABLISHMENT OF DISTRICTS

SECTION 501 - Districts Established.

For the purposes of this Ordinance, these types of districts by which the jurisdictional area defined in ARTICLE 2 shall be divided:

1. Agricultural Fringe Protection District (AGFP)

2. Large Lot Residential District (R-O) (3-Mile Jurisdiction)

3. Residential District (R-1) (3-Mile Jurisdiction)

4. Rural Municipality Residential District (R-2)

5. Lake Front Residential District (R-3)

6. Urban/rural residential district (R-7)

7. Commercial District (C)

8. Highway Commercial District (HC)

9. Limited Business (B1)

10. General Business Zone (B-3)

11. Industrial District (City I-1) (3-Mile Jurisdiction)

12. Industrial District (City I-2) (3-Mile Jurisdicition)

13. Rural Municipality Industrial District (I-3)

ARTICLE 6

AGRICULTURAL FRINGE PROTECTION DISTRICT (AGFP)

SECTION 601 - Statement of Intent.

The intent of the Agricultural fringe Protection AGFP District is to protect agriculturally zoned land one mile from a community city limits from premature development that would inhibit orderly growth and development within the fringe area while maintaining normal agricultural undertakings.

The AGFP District covers the unincorporated portions of the county within the joint jurisdictional area which is zoned agricultural at the time this chapter is adopted or updated. The intent of this district are to maintain, preserve, and enhance agricultural and open-space lands; to support commercial agriculture as an important permanent land use and a significant contributor to the diverse economy of the county; to protect areas of farm use from conflicting nonfarm uses and influences; to control nonfarm growth ensuring compatible land uses adjacent to agricultural lands; and, to maintain and improve the quality of air, water and land resources of the county for the benefit of future generations.

SECTION 602 - Permitted Uses and Structures.

The following uses and structures shall be permitted in AGFP District:

1. Any form of agriculture including the raising of crop, horticulture, animal husbandry and kennels;

2. Dwellings and their normal accessory buildings, including mobile homes;

3. Railroad track right-of-way;

4. Roadside product stands in conjunction with a bona fide farm operation on the premises;

5. Hobby farms; and

6. All utility systems necessary to service the district.

SECTION 603 - Permitted Accessory Uses and Structures.

The following accessory uses and structures shall be permitted in the AGFP District:

1. Accessory structures commonly associated with farms and all incidental dwelling related uses and structures such as car garages and recreational courts.

SECTION 604 - Conditional Uses.

After notice and appropriate safeguards, the Joint Planning Commission may recommend to the County Commission to permit the following conditional uses in the AGFP District.

1. Fairgrounds, racetracks, and amusement parks;

2. Utility substations;

3. Airports (public) and private plane landing strips;

4. Cemeteries

5. Home occupations

6. Golf courses, country clubs, and golf-driving ranges;

7. Amphitheaters, stadiums, drive-in movies, arenas, and field houses;

8. Go-cart tracks, riding stables, playfields, bowling alleys, swimming pools, automobile parking;

9. Farm equipment sales;

10. Public parks, public recreational areas;

11. Churches and schools;

12. Operation and maintenance terminals for trucks and other equipment; and

13. Greenhouses.

SECTION 605 – Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the County Planning Commission (sitting as the Zoning Board of Adjustment) that this request is the type of use allowed in the large lot residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 606 – Minimum / Maximum Requirements:

1. Front yard and side yard setbacks adjacent to a road right-of-way shall be not less than seventy-five (75) feet.

2. Side yard setback not adjacent to a public road shall be at least twenty (20) feet.

3. Minimum Lot Size . The minimum lot size shall be five (5) acres.

4. Minimum Lot Frontage . There shall be a frontage of not less than three hundred (300) feet.

5. All lots with front on a right-of-way dedicated to public use or have an ingress/egress easement for access.

6. All lots within this district shall be platted .

7. The maximum residential dwelling density shall be four (4) residences per quarter section, except where more than one residence is necessary for persons employed on a farm, and then additional dwellings may be allowed by conditional use. Exceptions may be considered through the variance process.

SECTION 607 – Minimum Shelterbelt Setback.

Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred twenty five (125) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

SECTION 608 – Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.

SECTION 609 – Private Sewage Disposal Systems.

All private sewage disposal systems will comply with U.S. Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34:04:01 General Authority 46-25-107; Law implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County equalization office. The city planning and inspections office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, the Beadle County Planning Commission shall have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the SD Department of Environment and Natural Resources.SECTION 610 – Approaches.

Before any road approaches are constructed, the applicant must contact the SD Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate town or township board for approval of the location and construction requirements.

SECTION 611 – Variances.

Requests for variances or conditional use permits in the AGFP District will be heard by the County Planning Commission (sitting as the Zoning Board of Adjustment), after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the County Planning Commission will be forwarded to County Commission for consideration and action.

SECTION 612 – Enforcement.

The enforcement of this AGFP District within Beadle County shall be the responsibility of the county zoning administrator under the authority of the Beadle County Commission.

ARTICLE 7

AGRICULTURAL DISTRICTS (AG)

SECTION 701 - Statement of Intent.

The intent of Agricultural Districts is to protect the agricultural lands and lands consisting of natural growth from incompatible land uses in order to preserve land best suited to agricultural uses and land in which the natural environment should be continued and to limit residential, commercial and industrial development to those areas where they are best suited for reasons of practicality.

SECTION 702 - Permitted Uses and Structures.

The following uses and structures shall be permitted in Agricultural Districts:1. Any form of agriculture including the raising of crop, horticulture, animal

husbandry, and kennels;

2. Dwellings and their normal accessory buildings including mobile homes;

3. Railroad track right-of-way;

4. Roadside produce stands in conjunction with a bona fide farm operation on the premises;

5. Greenhouses of a nonretail nature;

6. All utility systems necessary to service the district; and

7. The sale of seed.

SECTION 703 - Conditional Uses.

Upon application and after notice, payment of permit fees and appropriate safeguards, the Planning Commission may permit the following conditional uses in the AG District.

1. Agricultural product processing facilities;

2. Airports;

3. Amphitheaters, stadiums, drive-in movies, arenas, and field houses;

4. Aquaculture;

5. Auction yards and barns;

6. Auto sales or vehicles, including trailers;

7. Campgrounds;

8. Cemeteries;

9. Churches;

10. Class A, B, C & D Concentrate Animal Feeding Operations (CAFO);

11. Commercial trucking terminals;

12. Day care centers;

13. Day cares, group family home;

14. Exhibition areas;

15. Extraction of sand, gravel, or minerals provided such uses meet requirements for conducting surface mining activities of SDCL 45-6b;

16. Fairgrounds, racetracks, and amusement parks;

17. Fireworks stands;

18. Game Farms;

19. Game Lodges;

20. Go-cart tracks, riding stables, playfields, athletic fields, bowling alleys, swimming pools, automobile parking;

21. Golf courses, country clubs, and golf-driving ranges;

22. Home occupations;

23. Junkyards/Salvage Yards, provided that they meet the following minimum requirements and other restrictions that the Board of Adjustment may deem appropriate:

A. Junkyards/salvage yards shall be set back a minimum of one thousand three hundred twenty (1320) feet from any adjoining road right-of-way.

B. No junkyards will be allowed within three hundred thirty (330) feet from any adjoining property line.

C. Junkyards shall be screened on all sides by a solid wall, with construction materials and design to be approved by the Board of Adjustment, at least two (2) feet above the highest stock pile or a shelterbelt or shrubs and trees as approved by the Board of Adjustment; screening must be maintained in good repair.

D. No junkyards will be allowed within one thousand (1000) feet from the junkyard property line to the nearest residence; excluding the residence of the junkyard operator.

E. All junkyards have a minimum lot area of ten (10) acres.

24. Municipal or multi-residential sewage treatment sites;

25. Off site signs;

26. Operation and maintenance terminals for trucks and other equipment;

27. Private plane landing strips;

28. Private recreation areas;

29. Private shooting preserves;

30. Public parks or public recreational areas;

31. Repair shops;

32. Riding stables;

33. Sanitary landfill dumping grounds, provided:

A. The site meets the requirements of the State Department of Environment and Natural Resources.

B. A site plan is provided indicating the following information:

i. Present topography, soil types, and depth to groundwater;

ii. Location of existing water drainage, existing buildings, existing shelterbelts;

iii. Identification of roads leading to the site;

iv. Proposed changes at the site such as new shelterbelts, new buildings, changes in topography, new fence lines;

v. Proposed monitoring wells, etc.;

vi. No sanitary landfill will be allowed within two thousand six hundred forty (2640) feet from the landfill property line to the nearest residence or commercial use; excluding the residence of the landfill operator.

34. Schools, private or denominational;

35. Shooting range;

36. Swimming pools;

37. Towers;

38. utility substations;

39. Wildlife and game production areas;

40. Wind energy systems commercial;

41. Wind energy systems non-commercial (with towers over seventy five (75) feet);

42. Wireless Telecommunication Towers and Facilities;

SECTION 704 - Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of agricultural land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the board of adjustment that his/her request is the type of use allowed in the agricultural district, is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 705 - Maximum Number of Approaches.

Before any approaches are constructed, contact the Highway Superintendent, Town Board, and/or Township Board.

SECTION 706 - Minimum Yard Requirements.

1. There shall be a minimum setback from the right of way and property line of not less than seventy-five (75) feet, whichever is greater.

2. There shall be a minimum setback from both right of ways of not less than seventy-five (75) feet on property that has two (2) intersecting roads.

3. The minimum lot area shall be five (5) acres.

4. There shall be a frontage of not less than three hundred (300) feet across the front yard.

5. All lots with front on a right-of-way dedicated to public use or have an ingress/egree easement for access.

6. The maximum lot coverage for all structures is ten percent (10%).

7. The maximum residential dwelling height is thirty-five (35) feet.

8. The maximum residential dwelling density is one residence per forty acres, except where more than one residence is necessary for persons employed on a farm, then additional dwellings may be allowed. Exceptions may be considered through the variance process.

SECTION 707 - Minimum Shelterbelt Setback.

Shelterbelts, field belts, and living snow fence consisting of one or more rows shall have the windward row of plantings on the north and west sides of roads will be set back a minimum of 160 feet from the shoulder. The windward row of plantings on the south and

east side will be set back a minimum of one hundred (100) feet from the shoulder. Existing shelterbelts are exempt from minimum setback requirements. Any new or replacement shelterbelts shall follow the minimum requirements if the surrounding area allows it.

SECTION 708 - Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary maps are available at the Director of Equalizations Office at the Beadle County Courthouse, at the Beadle County Emergency Managers Office and at the City Planning and Inspection Office.

SECTION 709 - Private Sewage Disposal Systems.

All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34; 04; 01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47.

All residences and businesses shall file a septic system plan with the Beadle County equalization office. The city planning and inspections office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

If found to be in violation, it would be reported to the Department of Health – Office of Environment and Natural Resources, Environmental Protection Department.

SECTION 710 - County Roads; Closed Roads; Restrictions; Violations; Penalty.

An ordinance restricting motor vehicles from Closed Roads.

Be it ordained by Beadle County,

1. No person may cause any motor vehicle to operate on any county road that has been designated closed.

2. Any person who fails to comply with this section, upon conviction thereof, shall:

A. Be punished by a fine of not more than $500 and 30 days in the county jail; and

B. Pay damages or restitution for damages or injuries to the roads or rights of way or to any person using the roads or rights of way.

SECTION 711 - County Roads; Unlicensed Farm Equipment; Restrictions; Violations; Penalty.

An ordinance restricting unlicensed farm equipment from County Roads

Be it ordained by Beadle County,

1. No person may cause any unlicensed farm equipment to be operated, towed, or travel on any county road in excess of the weight and load restrictions found in SDCL 32-22-16 et seq.

2. Any person who fails to comply with this section, upon conviction thereof, shall:

A. Be punished by a fine of not more than $500 and 30 days in the county jail; and

B. Pay damages or restitution for damages or injuries to the roads or rights of way or to any person using the roads or rights of way.

SECTION 712 - Right to Farm Notice Covenant.The following easement is to be utilized as required for farm and non-farm

residential development within the Agricultural District.

Prepared by:Beadle County Zoning Officer (or by Grantor or Grantor’s Attorney)Zoning Officer Address (or Grantor’s or Grantor’s Attorney’s address)Huron, SD 57350 (or Grantor’s or Grantor’s Attorney’s city)

RIGHT TO FARM NOTICE COVENANT

You are hereby notified that the property you are purchasing is in or near agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural processing facility operations. Agricultural operations may include, but are not limited to, the following: the cultivation, harvesting, and storage of crops; livestock production; ground rig or aerial application of pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the application of irrigation water; and other accepted and customary agricultural activities conducted in accordance with Federal, State, and County laws. Discomforts and inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. You are also notified that there is the potential for agricultural or agricultural processing operations to expand. This notification shall extend to all landowners, their heirs, successors or assigns and because it is required pursuant to a conditional use permit, may not be removed from the record title without consent of the Beadle County Planning Commission.

Legal Description:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

____________________________________ __________________Signature Date

STATE OF SOUTH DAKOTA COUNTY OF BEADLE

On this the _____ day of _______________, 20____, before me, ____________________, the undersigned officer, personally appeared ____________________, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that ______ executed the same for the purposes contained.

In witness whereof I hereunto set my hand and official seal.

__________________________________

My commission expires: _______________

ARTICLE 7A

WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES.

SECTION 7A-01 - Purposes.

The general purpose of this Section is to regulate the placement, construction, and modification of Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the County. Specifically, the purposes of this Ordinance are:

1. To regulate the location of Towers and Telecommunications Facilities in the County;

2. To protect residential areas and land uses from potential adverse impact of Towers and Telecommunications Facilities;

3. To minimize adverse visual impact of Towers and Telecommunications Facilities through careful design, sighting, landscaping, and innovative camouflaging techniques;

4. To promote and encourage shared use/collocation of Towers and Antenna Support Structures as a primary option rather than construction of additional single-use Towers;

5. To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new Tower structures to support antenna and Telecommunications Facilities;

6. To avoid potential damage to property caused by Towers and Telecommunications Facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and

7. To ensure that Towers and Telecommunications Facilities are compatible with surrounding land uses.

SECTION 7A-02 - Development of Towers.

Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred and fifty (150) feet. Towers may be permitted in excess of one hundred and fifty (150) feet in accordance with “Criteria for Site Plan Development Modifications.”

An application to develop a Tower shall include:

1. The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the Tower is situated. If the Applicant is not the Owner of the parcel of land upon which the Tower is situated, the written consent of the Owner shall be evidenced in the Application.

2. The legal description, folio number, and address of the parcel of land upon which the Tower is situated.

3. The names, addresses, and telephone numbers of all owners of other Towers or usable Antenna Support Structures within a one-half (1/2) mile radius of the proposed new Tower site, including County-owned property.

4. A description of the design plan proposed by the Applicant. Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The Applicant must demonstrate the need for Towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the Applicant’s telecommunications services.

5. A written statement from an Engineer(s) that the construction and placement of the Tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.

6. Written, technical evidence from an Engineer(s) that the proposed structure meets the standards set forth in, “Structural Requirements,” of this Ordinance.

7. Written, technical evidence from a qualified Engineer(s) acceptable to the Fire Marshall and the building official that the proposed site of the Tower or Telecommunications Facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

8. The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the County to condition or deny on the basis of RF impacts the approval of any Telecommunications Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the County shall make available upon request copies of ongoing FCC information and RF emission standards for Telecommunications Facilities transmitting from Towers or Antenna Support Structures. Applicants shall be required to submit information on the proposed power density of their proposed Telecommunications Facilities and demonstrate how this meets FCC standards.

9. No application shall be accepted from landowners or on property on which there are current or past unresolved violations outstanding.

The Board of Adjustment may require an Applicant to supplement any information that Board considers inadequate or that the Applicant has failed to supply. The Board of Adjustment may deny an Application on the basis that the Applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the Board in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial.

SECTION 7A-03 - Setbacks.

All Towers up to one hundred (100) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district.

Towers in excess of one hundred (100) feet in height shall meet the following:

1. Distance from existing off-site residences, business and public buildings shall be one thousand (1,000) feet. Distance from on-site or lessor’s residence shall be five hundred (500) feet.

2. Distance from public right-of-way shall be the height of the tower.

3. Distance from any property line shall be the height of the tower.

Setback requirements for Towers shall be measured from the base of the Tower to the property line of the parcel of land on which it is located.

Setback requirements may be modified, as provided herein, when placement of a Tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the Tower.

SECTION 7A-04 - Structural Requirements.

All Towers must be designed and certified by an Engineer to be structurally sound and, at minimum, in conformance with the Building Code, and any other standards outlined in this Ordinance. All Towers in operation shall be fixed to land.

SECTION 7A-05 - Separation of Buffer Requirements.

For the purpose of this Section, the separation distances between Towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed Tower. Proposed Towers must meet the following minimum separation requirements from existing Towers or Towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this Ordinance:

1. Monopole Tower structures shall be separated from all other Towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred and fifty (750) feet.

2. Self-supporting lattice or guyed Tower structures shall be separated from all other self-supporting or guyed Towers by a minimum of fifteen hundred (1,500) feet.

3. Self-supporting lattice or guyed Tower structures shall be separated from all monopole Towers by a minimum of seven hundred and fifty (750) feet.

4. The separation requirements contained in 5.24.05 shall not be required of existing Towers or Towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this Ordinance.

SECTION 7A-06 - Method of Determining Tower Height.

Measurement of Tower height for the purpose of determining compliance with all requirements of this Section shall include the Tower structure itself, the base pad, and any other Telecommunications Facilities attached hereto which extend more than twenty (20) feet over the top of the Tower structure itself. Tower height shall be measured from grade.

SECTION 7A-07 - Illumination.

Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the Tower from the Tower and when required by federal law, dual mode lighting shall be requested from the FAA.

SECTION 7A-08 - Exterior Finish.

Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the appropriate reviewing body.

SECTION 7A-09 - Modification of Towers.

A Tower existing prior to the effective date of this Ordinance, which was in compliance with the Count's zoning regulations immediately prior to the effective date of this Ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this Section, except for Sections "Separation or Buffer Requirements", "Certification and Inspections", and "Maintenance," provided:

A. The Tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months of the completion of the modification or rebuild, additional Telecommunications Facilities comparable in weight, sixe, and surface area to the discrete operating Telecommunications Facilities of any Person currently installed on the Tower.

B. An Application for a development permit is made to the Board of Adjustment which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this Section allowing the modification or demolition and rebuild of an existing nonconforming Tower shall not be considered a determination that the modified or demolished and rebuilt Tower is conforming.

C. The height of the modified or rebuilt Tower and Telecommunications Facilities attached thereto do not exceed the maximum height allowed under this Ordinance.

Except as provided in this Section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This Ordinance shall not be interpreted to legalize any structure or use

existing at the time this Ordinance is adopted which structure or use is in violation of the Code prior to enactment of this Ordinance.

SECTION 7A-10 - Certifications and Inspections.

The County or its agents shall have authority to enter onto the property upon which a Tower is located, between the inspections and certifications required above, to inspect the Tower for the purpose of determining whether it complies with this ordinance and all other construction standards provided by federal and state law.

The County reserves the right to conduct such inspections at any time, upon reasonable notice to the Tower owner. All expenses related to such inspections by the County shall be borne by the Tower owner.

SECTION 7A-11 - Maintenance.

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

Tower owners shall install and maintain Towers, Telecommunications Facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

1. All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person.

2. All maintenance or construction of Towers, Telecommunications Facilities, or Antenna Support Structures shall be performed by licensed maintenance and construction personnel.

3. All Towers shall maintain compliance with current RF emission standards of the FCC.

4. In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner shall provide written notice to the County of its intent to discontinue use and the date when the use shall be discontinued.

SECTION 7A-12 - Criteria for Site Plan Development Modifications.

Notwithstanding the Tower requirements provided in this Ordinance, a modification to the requirements may be approved by the Board of Adjustment as a Conditional use in accordance with the following:

1. In addition to the requirement for a Tower Application, the Application for modification shall include the following:

A. A description of how the plan addresses any adverse impact that

might occur as a result of approving the modification.

B. A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.

C. A technical study that documents and supports the criteria submitted by the Applicant upon which the request for modification is based. The technical study shall be certified by an Engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

D. For a modification of the setback requirement, the Application shall identify all parcels of land where the proposed Tower could be located, attempts by the Applicant to contract and negotiate an agreement for collocation, and the result of such attempts.

E. The Board of Adjustment may require the Application to be reviewed by an independent Engineer under contract to the County to determine whether the antenna study supports the basis for the modification requested. The cost of review by the County’s Engineer shall be reimbursed to the County by the Applicant.

2. The Board of Adjustment shall consider the Application for modification based on the following criteria:

A. That the Tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.

B. Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

C. In addition, the board may include conditions on the site where the Tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed Tower and mitigate any adverse impacts which arise in connection with the approval of the modification.

In addition to the requirements of subparagraph (1) of this Section, in the following cases, the Applicant must also demonstrate, with written evidence, the following:

1. In the case of a requested modification to the setback requirement, that the setback requirement cannot be met on the parcel of land upon which the Tower is proposed to be located and the alternative for the Person is to locate the Tower at another site which is closer in proximity to a residentially zoned land.

2. In the case of a request for modification of the separation and buffer requirements from residential use of land of, if the Person provides written technical evidence from an Engineer(s) that the proposed Tower and Telecommunications Facilities must be located at the proposed site in order to meet the coverage requirements of the Applicant’s wireless communications

system and if the Person is willing to create approved landscaping and other buffers to screen the Tower from being visible to residentially used property.

3. In the case of a request for modification of the height limit for Towers and Telecommunications Facilities or to the minimum height requirements for Antenna Support Structures, that the modification is necessary to:

A. Facilitate collocation of Telecommunications Facilities in order to avoid construction of a new Tower; or

B. To meet the coverage requirements of the Applicant’s wireless communications system, which requirements must be documented with written, technical evidence from an Engineer(s) that demonstrates that the height of the proposed Tower is the minimum height required to function satisfactorily, and no Tower that is taller than such minimum height shall be approved.

SECTION 7A-13 – Abandonment.

If any Tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the Beadle County Planning Commission shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the Board of Adjustment that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the Board of Adjustment shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy-five (75) days, dismantle and remove the Tower.

To secure the obligation set forth in this Section, the Applicant [and/or Owner] may be required to post a bond.

ARTICLE 7BSITING OF WIND ENERGY SYSTEMS (WES)

SECTION 7B-01 – Purpose.

The purpose of this ordinance is to ensure that the placement, construction and modification of a Wind Energy System (WES) facility is consistent with the County’s land use policies, to minimize the impact of WES facilities, to establish a fair and efficient process for review and approval of applications, to assure a comprehensive review of environmental impacts of such facilities, and to protect the health, safety and welfare of the County’s citizens.

SECTION 7B-02 - Authority and Jurisdiction.

South Dakota Codified Law 11-2-2 delegates the responsibility to the Board of County Commissioners of each county to adopt and enforce regulations designed for the purpose of promoting health, safety, and general welfare of the county.

SECTION 7B-03 - Federal and State Requirements.

All WES facilities shall meet or exceed standards and regulations of the Federal Aviation Administration and South Dakota State Statutes and any other agency of federal or state government with the authority to regulate WES facilities.

SECTION 7B-04 – Definitions.

1. Board - The County Commission, City Commission, or other governmental body governing the district this ordinance refers to.

2. Construction - Any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route but does not include changes needed for temporary use of sites or routes for non-utility purposes, or uses in securing survey or geological data, including necessary borings to ascertain foundation conditions.

3. High Voltage Transmission Line - A conductor of electric energy and associated facilities.

4. Large Wind Energy System or LWES - All WES facilities excluding Small Wind Energy Systems.

5. Person - An individual, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, consumers power district, or any other entity, public or private, however organized.

6. Route – The location of a High Voltage Transmission Line between two end points. The rout may have a variable width of up to 1.25 miles.

7. Small Wind Energy System or SWES – a SWES facility with a single Tower Height of less than seventy-five (75) feet used primarily for on-site consumption of power.

8. Tower Height – The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

9. System Height – The height above grade of the tallest point of the WES, including the rotor radius.

10. Turbine – The parts of the WES including the blades, generator and tail.

11. Utility – Any person engaged in the generation, transmission or distribution of electric energy in this state including, but not limited to, a private investor owned utility, a cooperatively owned utility, a consumers power district and a public or municipal utility.

12. Wind Energy System or WES – A commonly owned and/or managed integrated system that converts wind movement into electricity. All of the following are encompassed in this definition of system:

A. Tower or multiple towers, including foundations;

B. Generator(s);

C. Blades;

D. Power collection systems, including padmount transformers;

E. Access roads, meteorological towers, on-site electric substation, control building, and other ancillary equipment and facilities; and

F. Electric interconnection systems or portion thereof dedicated to the WES.

SECTION 7B-05 - Requirements for Sighting Small Wind Energy Systems.

1. Standards.

A Small Wind Energy System shall be a Conditional Use in an Ag district subject to the following requirements:

A. Setbacks.

The minimum setback distance between each wind turbine tower and all surrounding property lines, overhead utility or transmission lines, other wind turbine towers, electrical substations, public roads and dwellings shall be equal to no less than one point one (1.1) times the system height, unless written permission is granted by each affected person.

B. Access.

All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access, and the tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.

C. Lighting.

A SWES shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

D. Noise.

SWES facilities shall not exceed fifty-five (55) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages or wind storms.

E. Appearance, Color, Finish.

The SWES shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit.

F. Signs.

All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a SWES visible from any public road shall be prohibited.

G. Code Compliance.

A SWES shall comply with all applicable state construction and electrical codes, and the National Electrical Code.

H. Utility Notification.

No SWES shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

2. Permit Requirements.

A. Building Permit.

i. A building permit shall be required for the installation of SWES.

ii. The building permit shall be accompanied by a plot plan which includes the following:

a) Property lines and physical dimensions of the property;

b) Location, dimensions, and types of existing major structures on the property;

c) Location of the proposed SWES;

d) The right-of-way of any public road that is contiguous with the property;

e) Any overhead utility lines;

f) Wind system specifications, including manufacturer and model, rotor diameter, tower height, and tower type (monopole, lattice, guyed);

g) Tower foundation blueprints or drawings;

h) Tower blueprint or drawing;

i) Proof of notification to the utility in the service territory in which the SWES is to be erected, consistent with the provision of 5(3)(h) herein; and

j) The status of all necessary interconnection agreements or studies.

B. Expiration.

i. A permit issued pursuant to this ordinance shall expire if:

a) The SWES is not installed and functioning within twenty-four (24) months from the date the permit is issued; or

b) The SWES is out of service or otherwise unused for a continuous 12-month period.

C. Abandonment.

i. A SWES that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Board may issue a Notice of Abandonment to the owner of a SWES that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from Notice receipt date. The Board shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the SWES has not been abandoned.

ii. If the SWES is determined to be abandoned, the owner of the SWES shall remove the wind generator from the tower at the Owner’s sole expense within three (3) months of receipt of Notice of Abandonment. If the owner fails to remove the wind generator from the tower, the Board may pursue legal action to have the wind generator removed at the owner’s expense.

D. Violations.

i. It is unlawful for any person to construct, install, or operate a SWES that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance. SWES facilities installed prior to the adoption of this ordinance are exempt.

E. Severability.

i. The provisions of this ordinance are severable, and the invalidity of any section, subdivision, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance.

SECTION 7B-06 - Requirements for Sighting Large Wind Energy Systems.

Mitigation Measures.

1. Site Clearance.

The permittees shall disturb or clear the site only to the extent necessary to assure suitable access for construction, safe operation and maintenance of the LWES.

2. Topsoil Protection.

The permittees shall implement measures to protect and segregate topsoil from subsoil in cultivated lands unless otherwise negotiated with the affected landowner.

3. Compaction.

The permittees shall implement measures to minimize compaction of all lands during all phases of the project’s life and shall confine compaction to as small an area as practicable.

4. Livestock Protection. The permittees shall take precautions to protect livestock on the

LWES site from project operations during all phases of the project’s life.

5. Fences.

The permittees shall promptly replace or repair all fences and gates removed or damaged by project operations during all phases of the project’s life unless otherwise negotiated with the fence owner.

6. Roads.

7. Public Roads.

Prior to commencement of constructions, the permittees shall indentify all state, county or township “haul roads” that will be used for the WES project and shall notify the state, county or township governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practicable, existing roadways shall be used for all activities associated with the WES. Where practicable, all-weather roads shall be used to deliver concrete, turbines, towers, assemble

nacelles and all other heavy components to and from the turbine sites.

The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate state, county or township governmental body having jurisdiction over approved haul roads for construction of the WES for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and WES components. The permittees shall notify the County Zoning Office of such arrangements.

8. Turbine Access Roads.

Construction of turbine access roads shall be minimized. Access roads shall be low profile roads so that farming equipment can cross them and shall be covered with Class 5 gravel or similar material. Access roads shall avoid crossing streams and drainage ways wherever possible. If access roads must be constructed across streams and drainage ways, the access roads shall be designed in a manner so runoff from the upper portions of the watershed can readily flow to the lower portion of the watershed.

9. Private Roads.

The permittees shall promptly repair private roads or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.10. Control of Dust.

The permittes shall utilize all reasonable measures and practices of construction to control dust during construction.

11. Soil Erosion and Sediment Control Plan.

The permittees shall develop a Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County Zoning Office. The Soil Erosion and Sediment Control Plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction and drainage of roads and turbine pads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive re-vegetation plan that uses native plant species to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material and removal of silt fences or bathers when the area is stabilized, The plan shall identify methods for disposal or storage of excavated material.

12. Setbacks.

A. LWES shall meet the following minimum spacing requirements.

i. Distance from currently occupied off-site residences, business and public buildings shall be not less than one thousand (1,000) feet. Distance from the residence of the landowner on whose property the tower(s) are erected shall be not less than five hundred (500) feet or one point one (1.1) times the system height, whichever is greater. For the purposes of this section only, the term “business” does not include agricultural uses.

ii. Distance from right-of-way (ROW) of public roads shall be not less than five hundred (500) feet or one point one (1.1) times the system height, whichever is greater.

iii. Distance from any property line shall be not less than five hundred (500) feet or one point one (1.1) times the system height, whichever is greater, unless appropriate easement has been obtained from adjoining property owner.

13. Electromagnetic Interference.

The permittees shall not operate the LWES so as to cause microwave, television, radio, or navigation interference contrary to Federal Communications Commission (FCC) regulations or other law. In the event such interference is caused by the LWES or its operation, the permittees shall take the measures necessary to correct the problem.

14. Lighting.

Towers shall be marked as required by the Federal Aviation Administration (FAA). There shall be no lights on the towers other than what is required by the FAA. This restriction shall not apply to infrared heating devices used to protect the monitoring equipment.

15. Turbine Spacing.

The turbines shall be spaced no closer than is allowed by the turbine manufacturer in its approval of the turbine array for warranty purposes.

16. Footprint Minimization.

The permittees shall design and construct the WES so as to minimize the amount of land that is impacted by the WES. Associated facilities in the vicinity of turbines such as electrical/electronic boxes, transformers and monitoring systems shall to the extent practicable be mounted on the foundations used for turbine towers or inside the towers unless otherwise allowed by the landowner on whose property the LWES is constructed.

17. Electrical Cables.

The permittees shall place electrical lines, known as collectors, and communication cables underground when located on private property

except when total distance of collectors from the substation require an overhead installation due to line loss of current from an underground installation. This paragraph does not apply to feeder lines.

18. Feeder Lines.

The permittees shall place overhead electric lines, known as feeders, on public rights-of-way if a public right-of-way exists or immediately adjacent to the public right-of-way on private property. Changes in routes may be made as long as feeders remain on public rights-of-way or immediately adjacent to the public right-of-way on private property and approval has been obtained from the governmental unit responsible for the affected right-of-way. If no public right-of-way exists, the permittees may place feeders on private property. When placing feeders on private property, the permittees shall place the feeder in accordance with the easement(s) negotiated. The permittees shall submit the site plan and engineering drawings for the feeder lines to the Board before commencing construction.19. Height from Ground Surface.

The minimum height of blade tips at their lowest possible point shall be twenty-five (25) feet above grade.

20. Towers.

A. Color and Finish.

The finish of the exterior surface shall be non-reflective or matte.

B. All towers shall be singular tubular design, unless approved by the Board.

21. Noise.

Noise level produced by the LWES shall not exceed 55 dBA, average A-weighted sound pressure at the perimeter of occupied residences existing at the time the permit application is filed, unless a signed waiver or easement is obtained from the owner of the residence.

22. Permit Expiration.

The permit shall become void if no substantial construction has been completed within three (3) years of issuance.

Required Information for Permit Application.

1. Boundaries of the site proposed for LWES and associated facilities on United States Geological Survey Map or other map as appropriate.

2. Map of easements for LWES.

3. Map of occupied residential structures, business and public buildings within one half mile of the proposed LWES site boundaries.

4. Preliminary map of sites for LWES, access roads and utility lines. Location of other LWES within five (5) miles of the proposed LWES site.

5. Project-specific environmental and cultural concerns (e.g. native habitat, rare species, and migratory routes). This information shall be obtained by consulting with the following agencies:

A. South Dakota Department of Game, Fish and Parks;

B. U.S. Fish and Wildlife Service; andC. South Dakota State Historical Society.

Evidence of such consultation shall be included in the application.6. Project schedule.

7. Mitigation measures.

8. Status of interconnection studies/agreements.

Decommissioning.

1. Cost Responsibility.

The owner or operator of a LWES is responsible for decommissioning that facility and for all costs associated with decommissioning that facility and associated facilities. The decommissioning plan shall clearly identify the responsible party.

2. Useful Life.

A LWES is presumed to be at the end of its useful life if the facility generates no electricity for a continuous period of twelve (12) months. The presumption may be rebutted by submitting to the Board for approval of a plan outlining the steps and schedule for returning the LWES to service within twelve (12) months of the submission.

3. Decommissioning Period.

The facility owner or operator shall begin decommissioning a LWES facility within eight (8) months after the time the facility or turbine reaches the end of its useful life, as determined in 14(b). Decommissioning must be completed with eighteen (18) months after the facility or turbine reaches the end of its useful life.

4. Decommissioning Requirements.

Decommissioning and site restoration includes dismantling and

removal of all towers, turbine generators, transformers, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of forty-two (42) inches; and removal of surface road material and restoration of the roads and turbine sites to substantially the same physical condition that existed immediately before construction of the LWES. To the extent possible, the site must be restored and reclaimed to the topography and topsoil quality that existed just prior to the beginning of the construction of the commercial wind energy conversion facility or wind turbine. Disturbed earth must be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas be retained.

5. Decommissioning Plan.

Prior to commencement of operation of a LWES facility, the facility owner or operator shall file with the Board the estimated decommissioning cost per turbine, in current dollars at the time of the application, for the proposed facility and a decommissioning plan that describes how the facility owner will ensure that resources are available to pay for decommissioning the facility at the appropriate time. The Board shall review a plan filed under this section and shall approve or disapprove the plan within six (6) months after the decommissioning plan was filed. The Board may at any time require the owner or operator of a LWES to file a report describing how the LWES owner or operator is fulfilling this obligation.

6. Financial Assurance.

After the tenth (10th) year of operation of a LWES facility, the Board may require a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance that is acceptable to the Board to cover the anticipated costs of decommissioning the LWES facility.

7. Failure to Decommission.

If the LWES facility owner or operator does not complete decommissioning, the Board may take such action as may be necessary to complete decommissioning, including requiring forfeiture of the bond. The entry into a participating landowner agreement shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that the Board may take such action as may be necessary to decommission a LWES facility and seek additional expenditures necessary to do so from the facility owner.

Pre-construction Filing. At least forty-five (45) days prior to commencement of construction, the applicant/permittee shall submit final maps depicting the approximate location of the proposed wind turbines, access roads and collector and feeder lines. Upon completion, the applicant shall also supply an “as-built” ALTA survey indicating that the proposed facilities are in compliance with the setbacks in the permit.

ARTICLE 8

CONCENTRATED ANIMAL FEEDING OPERATION REGULATIONS

SECTION 801-Intent.

An adequate supply of healthy livestock, poultry and other animals is essential to the well-being of county citizens and the State of South Dakota. However, livestock, poultry, and other animals produce manure, which may, where improperly stored, transported, or disposed, negatively affect the County environment. Animal manure must be controlled where it may add to air, surface water, ground water, or land pollution. The following regulations have been adopted to provide protection against pollution caused by manure from domesticated animals.

It is the intention of the Board of Adjustment in the enforcement of this ordinance that a CAFO existing before adoption of this ordinance and being in compliance with the State General Permit regulations does not need to apply for a County Conditional Use Permit to continue operating.

SECTION 802 - Definitions.

1. Animal Manure - Poultry, livestock, or other animal excreta or mixture ofexcreta with feed, bedding or other materials.

la. Animal Feeding Operation - lot or facility that stables, confines, and feeds or maintains livestock in either an open or housed lot for a total of 45 days or more in any 12-month period. The open lot does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more animal feeding operations under common ownership are a single animal feeding operation if they adjoin each other (within one mile), or if they use a common area for the disposal of manure.

2. Animal Unit - A unit of measurement based on the amount of waste producedby the animal. For the purposes of this ordinance, animal units (AU) shall becalculated according to the following chart. Animal units relate to inventoryrather than annual production. Animal units are computed by multiplying thenumber of head, of a particular animal, times the corresponding animal unitequivalent. Other animal species equivalents, which are not listed, will bebased on species' waste production.

Animal UnitEquivalentAnimal Species (AU/Head)

Feeder or Slaughter Cattle 1.0Mature Dairy Cattle 1.4Finisher Swine (over 551bs) 0.4Nursery Swine (less than 55 lbs) 0.1Farrow-to Finish (sows) 3.7Swine Production Unit (Sows 0.47Breeding, Gestating and Farrowing)Horses 2.0Sheep 0.1Turkeys 0.018Laying Hens and Broilers 0.01(Continuous overflow watering)Laying Hens and Broilers (separate 0.033Liquid handling system)Ducks 0.2

3. Animal Waste. Incorporated - Animal waste applied to the land surface andmechanically mixed into the soil within 24 hours

4. Animal Waste, Surface Applied - Animal waste applied to the land surfacewithout benefit of incorporation or injection.

5. Applicant - An individual, a corporation, a group of individuals, partnership,joint venture, owners, or any other business entity having charge or control ofone or more concentrated animal feeding operations.

6. Aquifer - A geologic formation, group of formations or part of a formationcapable of storing and yielding ground water to wells or springs.

7. Change in Operation - A cumulative increase of animal units sufficient tochange the Class of a concentrated animal feeding operation.

8. Concentrated Animal Feeding Operation (CAFO) - For the purpose of theseregulations, a concentrated animal feeding operation is classified as follows:

Animal Units (AID

Class A 2000 or moreClass B 1000 to 1999Class C 300 to 999Class D 50 to 299

9. Conditional Use - A use that would not be appropriate generally or withoutrestriction throughout the zoning district, but which if controlled, wouldpromote the public health, safety, and welfare.

10. Earthen Manure Storage Basin - An earthen cavity, either covered oruncovered, which, on a regular basis, receives waste discharges from aconfinement feeding operation if accumulated wastes from the basin areremoved at least once each year.

11. Established Residence - Any residence established by a personal presence, in a fixed and permanent dwelling, and occupied for at least six (6) months per year.

12. Flood Plain - A land area adjoining a river, creek, watercourse, or lake which is likely to be flooded and which is designated as Zone A, AO, or A1-A30 on the F.I.R.M.

13. Intermittent Stream - a stream that only flows for part of the year and ismarked on topographic maps with a line of blue dashes and dots. Also called seasonal stream;

14. Letter of Assurances - A list of conditions signed by the applicant for a permit acknowledging agreement to follow the conditions of the permit.

15. Livestock Production Surplus Water - That waste water resulting from an animal feeding operation that does not contain more that 2 percent solids nor more than 1 pound nitrogen as N per 1000 gallons of water. Such water may include, but not be limited to, rain or snowmelt water from open feeding lots, wash water from a dairy operation, of flush water from a confined feeding operation.

16. Manure Management System - any piping, containment structures, anddisposal appurtenances associated with the collection, storage, treatment, and disposal of manure or wastewater at an animal feeding operation.

17. Office of Planning and Zoning - The office designated by the Board of CountyCommissioners to administer and enforce this ordinance.

18. Permit - Required by these regulations unless stated otherwise.

19. Process Wastewater - Any process generated wastewater and any precipitation(rain or snow) that comes into contact with the animals, manure, litter orbedding, feed, or other portions of the animal feeding operation. The termincludes runoff from an open lot.

20. Shall - The condition is an enforceable requirement of the permit.

21. Shallow Aquifer - An aquifer vulnerable to contamination because thepermeable material making up the aquifer (a) extends to the land surface sopercolation water can easily transport contaminants from land surface to theaquifer, or (b) extends to near the land surface and lacks a sufficiently thicklayer of impermeable material on the land or near the land surface to limitpercolation water from transporting contaminants from the land surface to theaquifer.

22. Shallow Well - A well that is located in a shallow aquifer.

23. Should - The condition is a recommendation. If violations of the permit occur,the Board of Adjustment will evaluate whether the producer implemented therecommendations contained hi the permit that may have helped the producerto avoid the violation.

24. Significant Contributor of Pollution - To determine if a CAFO meets thisdefinition, the following factors are considered:

A. Size of feeding operation and amount of manure reaching Watersof the State;

B. Location of the feeding operation hi relation to Waters of the State;C. Means of conveyance of manure and process wastewater into

Waters of the State; andD. The slope, vegetation, rainfall and other factors affecting the

likelihood or frequency of discharge of animal manure and processwastewater into Waters of the State.

25. Surface Impoundment - A facility, or part of a facility which is a natural topographic depression, man-made excavation, or dike area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

26. Waste - Any manure (including a combination of manure, feed, and/or bedding material) or livestock production surplus water resulting from livestock operations. Waste may be solid, liquid, or semi-liquid.

27. Waters of the State - All waters within the jurisdiction of the State, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or

artificial, public or private, situated wholly or partly within or bordering upon the State.

Zone A: Special Flood Hazard Areas subject to inundation by the 100-year flood.

Zone B or Zone X (shaded): These areas have been identified in the community flood insurance study as areas of moderate or minimal hazard from the principal source of flooding hi the area.

SECTION 803 - Concentrated Animal Feeding Operation Permit Requirements.

An owner of a Class A, Class B, Class C and Class D CAFO is required to complete a County Conditional Use Permit application whenever any of the following occur:

1. A new CAFO is proposed;

2. An expansion is proposed beyond what a current State permit allows;

3. An expansion is proposed which would result in a classification of Class A or

Class B;

1. An existing CAFO is to be restocked after being idle for five (5) or more years.

If an applicant cannot meet the separation distance requirements in section 805, then applicant must apply for a variance.

SECTION 804 - Information Required for County Conditional Use Permit.

1. Provide to County all information required by South Dakota DENR for itsGeneral Water Pollution Control Permit for CAFO's according toAdministrative Rules of South Dakota (ARSD), Chapters 74:52:0174:52:11.

2. Provide documentation that plans for proposed storage basins or lagoonshave been prepared by a licensed engineer.

1. Notify the body maintaining access road to facility (Township, County,and/or State).

2. Notify the entity supplying water to the facility, if any.

The County shall notify by U.S. mail all property owners within 1 mile of the proposed CAFO of the time, date, place, and purpose of the public hearing. Such notification shall occur at least fifteen (15) days prior to the hearing.

SECTION 805- Separation Requirements and Criteria for CAFO’s and Manure Management Systems

A new CAFO or those expanding to a new Class shall comply with the minimum separation requirements in Tables 1 and 2. When a proposed operation does not meet the minimum separation criteria, the Permit application shall be accompanied by one of the following or a combination thereof:

1. A signed waiver from each resident landowner located closer than theminimum separation distance. No permit shall be issued until the waiver isfiled with the County Register of Deeds.

2. In the absence of a waiver, documentation shall be presented on newtechnology, management practices, topographic features, soil conditions, or other factorsthat substantiate a reduction in the minimum separation criteria through an application fora variance. The variance must be approved before beginning operation.

Table 1: Minimum Separation Distance (defined as radius) Concentrated Animal Feeding Operations

2000 or

more AU1000-1999

AU300-999

AU50-299

AUPublic Water Supplies and Private Wells (other than owner/operator)

2640ft 2640ft 1320ft 1320ft

Lakes, Rivers, and Streams Classified as Fisheries

500ft 500ft 200ft 200ft

Intermittent Stream or Waterways 100ft 100ft 100ft 100ftDesignated 100-year Flood plain Prohibited Prohibited Prohibited Prohibited

Table 2. Minimum Separation Distance (defined as radius) Concentrated AnimalFeeding Operations(AU - Animal Units, ft - feet)

Class A Class B Class ClassD

2000 or more AU

1000- 1999 AU

300-999 AU

50-299 AU

Established Residences (not including owners/operators)

5280 ft* 3520 ft 2640 ft 1320ft

Churches, Schools, and Public Parks 5280 ft 2640 ft 1320ft 1320 ft

Incorporated Municipality (greater than5,000 population)

10560 ft 5280ft 2640 ft 1320 ft

* Plus 1 ft for each additional AU greater than 2000

SECTION 806 - Concentrated Animal Feeding Operation Control Requirements.

1. Operate in a manner following all laws of the State of South Dakota regarding CAFOs.

2. State General Permit.

Class A and B CAFO's shall have a State General Permit to operate. Class C and D CAFO's may have a State General Permit.

3. Nutrient Management, Waste Management, and Odor & Pest Control

Operators of permitted CAFO's shall comply with the DENR General Permit requirements for waste management, nutrient management, and odor and pest control. Application setbacks for animal waste are summarized in Table 3.

Table 3 - Animal Waste Application Setbacks.

Class A Class B Class C Class D

Incorporated Or Injected

Lakes, Rivers, and Streams Classified as Fisheries 300ft

100 ft (lake) 50 ft (river or stream)

Streams and Lakes Classified as Drinking Water Supplies 1000 ft 1000ftIntermittent Stream or Waterway

100ft 50ft

Public Wells 1000 ft 1000ftPrivate Shallow Wells 250ft 250ftResidence(other than operator) 300ft 300ftOwners Well 150ft 150ftMunicipalities 1000ft 300ft

SECTION 807 –

Flood plain.The following uses are prohibited in Zone A:

Surface

1. New and expansion of Class A and B CAFO' s after adoption of thisordinance.

1. Surface Impoundments (earthen storage basins, lagoons, etc).

2. Stockpiling of solid waste.

The following uses are prohibited in Zone B or Zone X (shaded)

1. New and expansion of Class A and B CAFO's.

2. Surface Impoundments (earthen storage basins, lagoons, etc)

SECTION 809 - Requirements for the Addition of or Expansion of a Manure Management System for an Existing Concentrated Animal Feeding Operation.

1. A certified plan, designed by a certified Engineer, of the SurfaceImpoundment (holding, storage, settling, and aeration pits, ponds, and lagoons)must be submitted to the Board of Adjustment.

2. The owner/operator or agent must apply for a conditional use permit and, ifconditional use granted, the owner/operator must purchase a building permit.

3. In the case of a request to add or expand a Manure Management System to anexisting CAFO, the minimum separation distance requirements set out inSection 805 for a CAFO will apply. If the minimum separation distancecannot be met, a variance will be required.

4. The addition or expansion shall be within a half mile of the CAFO unlesscircumstances do not permit such a location.

SECTION 810 - New Residences.

Anyone establishing a new residence must comply with the minimum separation distance as stated in Table 2, "Established Residences", upon determining the Class of the concentrated animal feeding operation where the new residence will be located. A Right to Farm Notice Covenant (Section 712) must also be signed.

SECTION 811 – Enforcement.

If a signed complaint has been received by the County Zoning Officer said complaint will be forwarded to State for consideration. Beadle County will address any minimum separation distance issues.

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ARTICLE 9

LARGE LOT RESIDENTIAL DISTRICT (R-O)(IN THE JOINT JURISDICTION AREA)

SECTION 901 – Statement of Intent.

The intent of the “R-0” Large Lot Residential District in the Joint Jurisdiction Area is to provide an alternative living environment for persons desiring larger acreage than is practical in a city yet generally less acreage than is necessary for agricultural pursuits. It is intended that this district will provide a minimum of public utilities, services or improvements, and a strictly rural type environment as commonly known in terms of open space, odors, noises, dust and self sufficiency.

SECTION 902 – Permitted Principal Uses and Structures.

The following principal uses and structures shall be permitted in the “R-0” Large Lot Residential District in the Joint Jurisdiction Area:

1. Single family dwellings;

2. Churches and schools;

3. Hobby farms;

4. Modular homes (as defined in the City Zoning Ordinance); and

5. Child care facilities, Class 1.

SECTION 903 – Conditional Uses and Structures.

The following uses may be permitted in the “R-0” Large Lot Residential District with special restrictive conditions to reduce the incompatibility of the use after special application and commission review.

1. Outdoor recreational facilities such as riding stables, golf courses, public swimming pools and public tennis courts;

2. Major utility or radio towers, substation or transmission lines;

3. Kennels;

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4. Child care facilities, Class II.

SECTION 904 – Permitted Accessory Uses and Structures.

The following accessory uses and structures shall be permitted in the “R-0” Large Lot Residential District:

1. All accessory uses and structures commonly associated with residential lots such as automobile garages, swimming pools, tennis courts and lawn sheds;

2. All accessory uses and structures commonly associated with a hobby farm such as small barns, storage for a tractor or other farm equipment and small stables;

3. Parks;

4. Home occupations and noncommercial greenhouses; and

5. All utility systems necessary to serve the district.

SECTION 905 – Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the board of adjustment that this request is the type of use allowed in the large lot residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 906 – Minimum/Maximum Requirements.

The “R-0" Large Lot Residential District shall maintain a rural character of residential development by use of the following requirements:

1. Minimum Lot Size.

A. The minimum lot size shall be five acres unless the residence constructed on the lot is connected to municipal water and sanitary sewer in which case a two acre lot size may be permitted by the Joint Planning Commission. In no case will lots smaller than two acres be permitted.

2. Minimum Lot Frontage.

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A. The minimum lot frontage shall be three hundred feet.

3. Minimum Lot Depth.

A. The minimum lot depth shall be two hundred seventy-five feet.

4. Minimum Rear Yard.

A. The minimum rear yard shall be fifty feet.

5. Minimum Front Yard Setback.

A. There shall be a minimum setback from the front property line (fence line) of not less than seventy-five feet.

6. Minimum Side Yard Setback.

A. Side yard setback, adjacent to a public road, shall be at least seventy-five feet from public road right-of-ways (fence line). Side yard setback (not adjacent to a public road) shall not be less than twenty feet.

7. Maximum Lot Coverage.

A. The maximum lot coverage for all structures shall be ten percent.

8. Maximum Structure Height.

A. The maximum structure height is thirty-five feet.

SECTION 907 – Additional Requirements.

1. Maximum Lot Coverage.

A. The maximum lot coverage for all structures shall be ten percent.

2. Minimum Dwelling Size.

A. Minimum dwelling unit size of seven hundred square feet.

3. Platting Required.

A. All lots within this district shall be platted.

SECTION 908 – Variances.

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Requests for variances or conditional use permits in the “R-0” District will be heard by the Joint Planning Commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the Joint Planning Commission will be forwarded to City Commission and County Commission for their consideration and action.

SECTION 909 – Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.

SECTION 910 – Minimum Shelterbelt Setback.

Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

SECTION 911 – Approaches.

Before any road approaches are constructed, the applicant must contact the SD Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate town or township board for approval of the location and construction requirements.

On county roads there shall be no more than one access approach on a public road or highway per one quarter (1/4) mile on each side of the road.

SECTION 912 – Private Sewage Disposal Systems.

All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34;04;01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The City Planning and Inspections Office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system

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to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the SD Department of Environment and Natural Resources.

SECTION 913 – Enforcement.

The enforcement of the “R-0” District within the Joint Jurisdictional Area in Beadle County shall be the responsibility of the city and county zoning administrators under the authority of the Huron City Commission and the Beadle County Commission.

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ARTICLE 10

One Family Residential (R-1)(District in the Joint Jurisdiction Area)

SECTION 1001 – Intent.

The intent of One Family Residential (R-1) District in the Joint Jurisdiction Area is to provide for residential uses of varying types and other compatible uses in a pleasant and stable environment within a rural or sanitary sewer district. This district shall generally be located where the value of the land for agricultural use is marginal and where the water supply, sewage disposal, roads and emergency services are easily and economically available.

SECTION 1002 – Permitted Uses.

Within any “R-1” One Family Residential District in the Joint Jurisdiction Area, no structure shall be used except for one or more of the following uses:

1. Single-family detached dwellings;

2. Public parks and playgrounds (and subject to City Zoning Ordinance);

3. Child care facilities, Class I;

4. Modular homes;

5. Noncommercial horticultural uses;

6. Home occupations and professional offices;

7. Public recreational uses and park facilities.

SECTION 1003 – Conditional Uses.

Within any “R-1” One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit:

1. Public and parochial schools which teach a curriculum similar to public schools provided:

A. No building shall be located within fifty feet of any lot line of an abutting lot in an "R" use district, and

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B. A fence shall be erected along the boundary line which is common with private property not owned by the school.

2. Churches, synagogues and temples including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site provided no building shall be located within fifty feet of any lot line of an abutting lot on an "R" district.

3. Municipal buildings and utility structures subject to the following:

A. Water pump houses which if not located below grade on a landscaped site shall be in a building which conforms to yard requirements and architectural style of the neighborhood;

B. Gas regulator stations, electric power substations which if not located below grade on a landscaped site shall conform to yard requirements and architectural style of the neighborhood. Should the structure require fencing, the fence shall be located in conformance to all yard requirements;

C. Water towers shall be so located as to conform to all yard requirements;

D. Electric power transmission line towers shall be so located as to share the right-of-way or be directly abutting rights-of-way for railroads or major thoroughfares;

E. Park buildings, provided no building is less than fifty feet from a lot line of an abutting lot line in an "R" district;

F. Public transportation shelters which are open may be erected to within one foot of the public right-of-way.

4. Signs as regulated by the City Zoning Ordinance.

5. Golf courses, country clubs, tennis clubs, swimming pools serving more than one family provided:

A. No principal buildings are within fifty feet of a lot line in an "R" district;

B. “Golf course” means one averaging one hundred fifty yards per hole or more with not less than five holes;

C. “Country club” shall have at least a nine-hole golf course;

D. All golf courses shall provide a link fence along the boundaries common to private land;

E. Tennis clubs shall not provide lighted courts after eleven p.m.; and

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F. Swimming pools shall not be nearer than twenty-five feet to a lot line in an "R" district.

6. Commercial greenhouses and vegetable stands selling products grown on the premises.

7. Operation of through trains, but not switching, storage or other railroad operations.

8. Multiple-family dwellings.

SECTION 1004 – Permitted Accessory Uses.

Within the “R-1” One Family Residential District the following uses shall be permitted accessory uses:

1. Private garages, parking space, carport for passenger cars and for one straight truck not to exceed twenty-five thousand GVW and truck tractors, when controlled by the occupant of the dwelling.

2. Private swimming pool and tennis court provided such pool is adequately fenced and located not less than ten feet from the lot line.

3. Home occupations require Home Occupation Permit from the City and County Commissions.

4. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for such construction.

5. Gardening and other non-commercial horticultural uses.

6. Decorative landscape features.

7. Garage sales, provided that no sale shall continue for more than two days and frequency shall not be greater than twice a year. A "garage sale," for purposes of this title, means the display of used goods and/or salesmen's samples and sale of the goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neighborhood.

SECTION 1005 – Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the board of adjustment that this request is the type of use allowed in the large lot residential district, it is not

54

more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 1006 – Minimum/Maximum Requirements.Requirements within the “R-1” One Family Residential District shall be as follows:

1. Maximum Height.

A. No structure or building shall exceed three stories or thirty-five (35) feet plus peak in height, whichever is lesser in height.

2. Front Yard Setback.

A. A front yard abutting a public road shall not be less than thirty (30) feet in depth.

3. Side Yard Setback.

A. A side yard abutting a public road shall not be less than thirty (30) feet in width.

4. The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this section and the City Zoning Ordinance:

A. The minimum lot width for a one story structure shall be one hundred (100) feet with a front and rear yard setback of thirty (30) feet and a side yard setback (not adjacent to a public road) shall be ten (10) feet;

B. The minimum lot width for a two story structure shall be one hundred (100) feet with a front and rear yard setback of thirty (30) feet and a side yard setback (not adjacent to a public road) shall be fifteen (15) feet; and

C. The minimum lot width for a three story structure shall be one hundred (100) feet with a front and rear yard setback of thirty (30) feet and a side yard setback (not adjacent to a public road) shall be eighteen (18) feet.

5. Minimum Lot Size.

The minimum lot size shall be five acres unless the house is connected to municipal wastewater treatment system. In no case will lots smaller than two acres be permitted.

SECTION 1007 – Additional Requirements.

1. Platting Required.

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A. All lots within this district shall be platted.

SECTION 1008 – Variances.

Requests for variances or conditional use permits in the “R-1” One Family Residential District will be heard by the Joint Planning Commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the Joint Planning Commission will be forwarded to City Commission and County Commission for their consideration and action.

SECTION 1009 – Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.

SECTION 1010 – Minimum Shelterbelt Setback.

Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

SECTION 1011 – Approaches.

Before any road approaches are constructed, the applicant must contact the SD Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate town or township board for approval of the location and construction requirements.

On county roads there shall be no more than one access approach on a public road or highway per one quarter (1/4) mile on each side of the road.

SECTION 1012 – Private Sewage Disposal Systems.

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All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34;04;01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The City Planning and Inspections Office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the SD Department of Environment and Natural Resources.

SECTION 1013 – Enforcement.

The enforcement of the “R-1” One Family Residential District within the Joint Jurisdictional Area in Beadle County shall be the responsibility of the city and county zoning administrators under the authority of the Huron City Commission and the Beadle County Commission.

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ARTICLE 10A

URBAN/RURAL RESIDENTIAL DISTRICT (R7)

SECTION 10A-01 - Permitted uses.

Within the “R-7” urban/rural residential use district, the following uses shall be permitted uses:

1. Any use listed in Article 10 Section 1001 and as regulated therein.

2. Mobile homes subject to the following restrictions and requirements:

A. Mobile Home Stands.

i. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure with the following methods.

ii. The mobile home stand shall be provided with anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets embedded in concrete foundations or runways, screw augers, arrowhead anchors, or other devices securing the stability of the mobile home.

iii. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and at the midpoint of each longitudinal length.

iv. The mobile home stand shall not heave, shift, or settle unevenly under its weight due to frost action, inadequate drainage, vibration, or other forces acting on a structure.

B. Fuel.

i. All outside piping for fuel storage tanks shall be copper or other approved tubing and shall be permanently installed and securely

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fastened. Piping within the mobile home shall be black steel pipe and shall also be securely fastened in place. The fuel tanks shall be securely fastened on a concrete slab or on concrete blocks and shall not be located beneath the mobile home. Tanks with a capacity of less that one hundred twenty five gallons (water) shall be located and installed so that the discharge from safety relief devices shall not terminate in or beneath any building and shall be located at least five feet horizontally away from any building opening below the level of such discharges and not less than five feet in any direction away from openings into sealed combustion system appliances or mechanical ventilation air tanks. Tanks having a capacity from one hundred twenty five gallons to five hundred gallons must be located at least ten feet horizontally away from any building or property line. Tanks having a capacity of five hundred gallons or more must be located at least twenty five feet horizontally away from any building or property line.

C. Altercations and Additions.

i. All plumbing and electrical alterations.

ii. Skirting of mobile homes with approved materials is required within sixty days after placement of the mobile home. Areas enclosed by such skirting shall be maintained so as not to provide for the harborage for rodents, or create a fire hazard.

iii. Additions onto the mobile home shall maintain the proper set-back requirements of the district: any such addition shall enclose only one entry way of the mobile home, and such additions shall comply with all other applicable codes and regulations.

D. Vehicle Parking.

i. A minimum of two off-street parking areas shall be provided for each mobile home.

(Ord. 1394 (part), 1980).

SECTION 10A-02 - Conditional Uses.

Within any “R-7” urban/rural residential use district no structure or land shall be used for the following uses except by conditional use permit:

1. Any use permitted in Article 10 Section 1002 and as regulated therein.

2. Repair and trade shops: auto repair, cabinet and carpentry, fix-it locksmith , printing, upholstery; subject to the following requirements:

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A. There shall be no exterior visible evidence of the conditional use other than one sign not exceeding six square feet. Any outdoor storage must be screened using plantings or fencing.

B. The use shall not create any emission of order, gas, smoke, dust, or noise that will negatively affect the character of the district.

C. Off-street parking must be provided for all customers.

D. Employees of a conditional use business shall be limited to the owner/owners and their immediate family.

E. Property shall not be leased for such uses.

3. Grocery store.

The uses specifically listed in this chapter are not considered to be the only conceivable uses in the district. However, these uses listed do represent the types of uses which may be considered. If any applicant desires to conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the board of adjustment that this request is the type of use allowed in this district and in no way violated the intent of this chapter.

SECTION 10A-03 – Permitted Accessory uses.

Within the “R-7” urban/rural residential use district the following uses shall be permitted accessory uses:

1. Any uses permitted in Section 10A – 01 as regulated therein (Ord. 1934(part), 1980).

SECTION 10A-04 – Lot area, height, lot width, floor area and yard requirements.

Lot area, height, width, yard and floor area requirements shall be as follows:

1. No structure or building shall exceed three stories or thirty five feet whichever is lesser in height except as provided in Section 10A – 04.

2. A side yard abutting a street shall not be less than twenty feet in width.

3. The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this section.

TABLE INSET:

Height Minimum Lot Area Lot Width Front Yard Side Yard * Rear Yard

1 story 7,500 sq. ft. 50 ft. 25 ft. 7 ft. 25 ft.

2 stories 7,500 sq. ft. 50 ft. 25 ft. 9 ft. 25 ft.

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3 stories 7,500 sq. ft. 50 ft. 25 ft. 11 ft. 25 ft.

* Side yards for mobile home shall be a minimum of 10 feet.

4. Single-family detached dwellings shall contain at least seven hundred square feet of floor area, five hundred of which shall be on the first floor.

5. Mobile homes shall contain at least four hundred thirty square feet in floor area, additions such as entry ways or porches shall not be considered as floor area.

(Ord. 1394 (part), 1980).

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ARTICLE 11

RURAL MUNICIPALITYRESIDENTIAL DISTRICT (R-2)

SECTION 1101 – Intent.

The intent is to provide for residential uses of all types and other compatible uses in a pleasant and stable environment. This shall be used within communities with a population of 5,000 or less.

SECTION 1102 - Permitted Uses and Structures.

1. Single-family dwellings;

2. Multi-family dwellings;

3. Mobile homes;

4. Noncommercial horticultural uses;

5. Home occupations and professional offices; and

6. Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of this ordinance.

SECTION 1103 - Conditional Uses.

After the provisions of this Ordinance relating to conditional uses have been fulfilled, the County Planning Commission may permit as a conditional use in the Residential District (R-2):

1. Churches, synagogues, and temples;

2. Nursery, primary, intermediate, and secondary schools;

3. Public recreational uses and park facilities;

4. Golf courses and country clubs;

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5. Cemeteries;

6. Utility substations and towers;

7. Convalescent, nursing, and rest homes;

8. Medical and other health facilities;

9. Governmental services;

10. Commercial uses; and

11. Rental storage units.

SECTION 1104 - Minimum Lot Requirements.

The minimum lot area shall be seven thousand (7,000) square feet for single and multi-family dwellings. The minimum lot width shall be fifty (50) feet. All lots shall be platted.

SECTION 1105 - Minimum Yard Requirements.

There shall be a front yard setback of not less than a depth of thirty (30) feet. There shall be a rear yard setback of not less than a depth of seven (7) feet. Each side yard setback shall not be less than five (5) feet. All distances shall be measured from the outer edge of the property line. Front yard and side yard setbacks adjacent to a road right-of-way shall be not less than thirty (30) feet.

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ARTICLE 12

LAKE FRONT RESIDENTIAL (R-3)

SECTION 1201 – Intent.

The intent of the Lake Front Residential District (R-3) is to provide for residential uses of shoreline land without altering natural surroundings of the District.

SECTION 1202 - Permitted Principal Uses and Structures.

1. Single family residential

2. Mobile homes, excluding mobile home parks

A. TRAILER AND MOBILE HOME.

A vehicle without motive power, designed for living quarters and for being drawn by a motor vehicle, excluding seasonal camp trailers or cars; generally a vehicle either registered or eligible for registration with the South Dakota Division of Motor vehicles as a mobile home. Mobile home as defined above shall not be placed with the lake front residential limits unless authorized by a special permit and the trailer or mobile home meets the following conditions:

i. No older than 10 years of manufactured date.

1) If the trailer or mobile home is not a new mobile home, the applicant shall provide a picture of dwelling inside and out, which shall be presented to the Beadle County Planning and Zoning Commission for review and approval or denial.

ii. Prior to placement of home on the foundation, it shall be inspected and a building permit approved by the Beadle County Planning and Zoning Commission.

iii. The running gear and hitch have been removed or enclosed.

iv. The trailer has been anchored to a permanent footing and foundation.

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1) The footing to be a minimum of eight (8) inches thick by sixteen (16) inches wide poured concrete with top of footing to be sixteen (16) inches below grade.

2) The foundation shall be eight (8) inches poured concrete or concrete block.

3. Modular homes

SECTION 1203 - Permitted Accessory Uses and Structures.

Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of the district.

SECTION 1204 - Conditional Uses.

After the provisions of this Ordinance relating to a conditional use have been fulfilled, the Planning Commission/Board of Zoning Adjustment/ may permit as special exceptions in Lake Front Residential Districts:

1. Golf courses and country clubs;

2. Resorts;

3. Grocery Stores;

4. Sporting goods stores;

5. Restaurant/Lounge;

6. Motel/Bed & Breakfast; and

7. Home Occupations.

SECTION 1205 - Minimum Lot Requirements.

All new platted lots shall have a depth of not less than one hundred fifty (150) feet. The minimum lot road frontage shall not be less than seventy-five (75) feet in width.

SECTION 1206 - Minimum Setback Requirements.

1. Each structure shall be set back not less than thirty (30) feet on the average setback in alignment with the adjoining property main structure from a normal high watermark. The normal high water mark, as set by the Department of Environment and Natural Resources, for Lake Byron is 1250.0 feet mean sea level (fmsl).

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2. The road or front yard setback shall not be less than fifteen (15) from the property line, not from the public-right of-way or center of road.

3. Each side yard shall not be less than seven (7) feet.

4. Additional ties of lots that do not have shoreline frontage shall have a frontage width of not less than seventy-five (75) feet and a depth of not less than one hundred fifty (150) feet.

5. Variances will be granted for setbacks only with special circumstances.

SECTION 1207 - Building or Structure Depth.

Any building or structure except boathouses, piers and docks shall be placed at an elevation such that the lowest floor, including a basement, is three (3) feet above the highest known water level. In locations where sufficient data on known high water levels are not available, the elevation of the line of permanent terrestrial vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize before construction is begun.

Cabins/residences, sheds, and enclosed porches will all need to meet the thirty foot (30) or average setback requirements. Plot plans will be required to be submitted to the Equalization Office for approval prior to a building permit being issued. Building permits must be obtained before any construction begins.

All structures moved into or within the Lake Front Residential Zone will require a moving permit, and the property will be posted, neighbors within 150’ will be notified and a public hearing will be held at the Beadle County Planning Commission meeting.

For those properties where variances have been approved for setbacks closer than allowed in the ordinance the County will be held harmless.

SECTION 1208 - Private Sewage Disposal Systems.

All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34;04;01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. If found to be in violation, it would be reported to the Department of Health – Office of Environment and Natural Resources, Environmental Protection Department.

Minimum lot sizes for septic systems are as follows;

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1. Twenty thousand (20,000) square feet for lots that have a public water supply and forty-three thousand five hundred sixty (43,560) square feet for lots that have a well.

These lots also must meet the setbacks established by the Department of Environment and Natural Resources in Section 74:53:01:19 below. Lots under twenty thousand (20,000) square feet will be required to have a sealed holding tank(s) only.

Existing septic tanks and drain-fields (as of January 1, 2011) on lots with an area of less than twenty thousand (20,000) square feet are considered nonconforming uses and shall not be allowed to be replaced or repaired after the adoption of this ordinance.

Prior to lake property being transferred, the septic system will need to be inspected by an individual appointed by the Beadle County Planning Commission.

SECTION 1209 - Permits Required.

No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the County Zoning Administrator. Additionally, all structures moved into the LFR District must be brought up to code within one (1) year of permit issuance or shall be removed by the owner of such property. Code will follow the same guidelines as the City of Huron, as adopted by the Beadle County Commission. Failure of compliance shall constitute a violation of this ordinance.

SECTION 1210 – Right to Farm Notice Covenant.

The following easement is to be utilized as required for farm and non-farm residential development within the Lake Front Residential District

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Prepared by:Beadle County Zoning Officer (or by Grantor or Grantor’s Attorney)Zoning Officer Address (or Grantor’s or Grantor’s Attorney’s address)Huron, SD 57350 (or Grantor’s or Grantor’s Attorney’s city)

RIGHT TO FARM NOTICE COVENANT

You are hereby notified that the property you are purchasing is in or near agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural processing facility operations. Agricultural operations may include, but are not limited to, the following: the cultivation, harvesting, and storage of crops; livestock production; ground rig or aerial application of pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the application of irrigation water; and other accepted and customary agricultural activities conducted in accordance with Federal, State, and County laws. Discomforts and inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. You are also notified that there is the potential for agricultural or agricultural processing operations to expand. This notification shall extend to all landowners, their heirs, successors or assigns and because it is required pursuant to a conditional use permit, may not be removed from the record title without consent of the Beadle County Planning Commission.

Legal Description: ______________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_______________________________________ ________________________Signature Date

STATE OF SOUTH DAKOTA COUNTY OF BEADLE

On this the _____ day of ______________, 20___, before me, ___________________________, the undersigned officer, personally appeared _________________________________________, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that _____ executed the same for the purposes contained.

In witness whereof I hereunto set my hand and official seal.

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___________________________________ My commission expires: ______________

ARTICLE 13

Limited Business (B-1)(District in the Joint Jurisdictional Zoning Area)

SECTION 1301 - Permitted Principal Uses.

Within any "B-1" Limited Business District located in the Joint Jurisdictional Zoning Area no structure or land shall be used except for one or more of the following uses:

1. Offices of persons in the professions;

2. Offices of a general nature provided that not more than thirty percent of the floor space shall be devoted to storage or repair, fabricating or assembling of goods. Goods sold at retail shall not be supplied from stock kept on the premises;

3. Offices of governmental units;

4. Medical and dental clinics;

5. Funeral homes and mortuaries provided the principal building is not less than fifty feet from the lot line of a lot in the "R" district;

6. Schools and colleges where all of the regular classes held on the site are within a building;

7. Motels and motor hotels provided the site shall contain not less than four hundred square feet per rental unit;

8. Restaurants, cafes, lounges;

9. Multiple family buildings subject to the lot area per family provisions of Chapter 23.24; and

10. Child care facilities, Class I and II.

(Ord. 1650, 1991: Ord. 985, 1971).

SECTION 1302 - Conditional Uses.

Within any "B-1" Limited Business District no structure or land shall be used for the following uses except by conditional use permit:

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1. Hospitals for human care, nursing facility, assisted living centers, rest homes or retirement homes, provided the site shall contain not less than four hundred square feet of lot area for each person to be accommodated and that no building be located less than fifty feet from the side lot line;

2. Art studio, interior decorating studio, photographic studio, music studio and dance studio, provided no retail sales are made nor any manufacturing conducted on the site;

3. Radio and television studios;

4. Radio and television towers;

5. Private clubs and lodges not operated for a profit;

6. Historical buildings, museums, art institutes, fair grounds, armories, galleries and theater for the live arts;

7. Accessory structures other than private garages;

8. Utility service buildings, which shall be in conformance with the yard requirements and architectural style of the neighborhood;

9. Operation of through trains, but not switching, storage or other railroad activities;

10. Retail sales and services may be provided by vending devices or by personnel when such retail area is within a building so constructed and maintained that all access is from a lobby, hall or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the occupants of the building.

(Ord. 1881, 2000; Ord. 985, 1971).

SECTION 1303 - Permitted Accessory Uses.

Within any "B-1" Limited Business District, the following uses shall be permitted accessory uses:

1. Private garages, off-street parking and loading spaces as regulated in this title;

2. Signs as regulated by this title;

3. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for completion of the construction;

4. Decorative landscape feature such as fountains, patios, etc.;

5. Any incidental repair or processing necessary to conduct a permitted principal use or conditional use;

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6. Swimming pools;

7. Research and development laboratories.

(Ord. 985, 1971).

SECTION 1304 - Minimum/Maximum Height, Yard and Density Requirements.

1. Floor Area Ratio:

The floor area ratio within the “B-1” Limited Business District shall not exceed 2.0.

2. Minimum Lot Size.

The minimum lot size shall be five acres unless the structure is connected to municipal wastewater treatment system. In no case will lots smaller than two acres be permitted.

3. Height of Structure.

No limit on height of structure except as controlled by floor area ratio.

4. Rear Yard.

Rear yard setback shall be the same as required for the yard on the lot directly across the rear lot line except when abutting a public alley the distance from the center of the alley to the first floor foundation shall be twenty feet or more.

5. Front Yard.

Required front yard setback shall be at least twenty (20) feet, except whenever a platted block has buildings located on fifty percent or more of the parcels as of the effective date of the ordinance codified in this section whose front yard abuts the same public right-of-way, the front yard setback shall not be reduced below the least existing front yard setback or twenty (20) feet, whichever is less.

6. Minimum Frontage.

Every lot shall have a minimum frontage on a public right-of-way of one hundred feet.

SECTION 1305 - Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use

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which is not specifically listed, such applicant shall carry the burden of proof to the Zoning Board of Adjustment that this request is the type of use allowed in the large lot residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 1306 - Additional Requirements.

1. Platting Required.

All lots within this district shall be platted.

2. Outside Storage Next to “R” District.

Within any "B-1" Limited Business District, any use which requires uncovered outside storage and/or open sales lots and is located adjacent to land or uses which are zoned Residential shall be enclosed by a solid wall or opaque fence not less than six feet in height erected along the lot line except along abutting required front yards. Outside storage of materials, other than outside display of goods for sale, shall be enclosed by a solid wall or fence not less than six (6) feet in height and such uses shall not be located less than one hundred (100) feet from any "R" district.

3. Setback Adjacent to “R” District.

There shall be a one-hundred-foot wide setback between any "B-1" Limited Business District use (including permitted, conditional, accessory uses or structures or on site parking) and the lot line of any adjacent "R" district lot.

SECTION 1307 - Variances.

Requests for variances or conditional use permits in the B-1 Limited Business District will be heard by the Joint Planning Commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the Joint Planning Commission will be forwarded to City Commission and County Commission for their consideration and action.

SECTION 1308 - Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.

SECTION 1309 - Minimum Shelterbelt Setback.

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Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it. SECTION 1310 - Approaches.

Before any road approaches are constructed, the applicant must contact the SD Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate township board for approval of the location and construction requirements. On county roads there shall be no more than one access approach on a public road or highway per one quarter (1/4) mile on each side of the road.

SECTION 1311 - Private Sewage Disposal Systems.

All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34;04;01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The City Planning and Inspections Office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the SD Department of Environment and Natural Resources.

SECTION 1312 - Enforcement.

The enforcement of the “B-1” Limited Business District within the Joint Jurisdictional Area in Beadle County shall be the responsibility of the city and county zoning administrators under the authority of the Huron City Commission and the Beadle County Commission.

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ARTICLE 13A

General Business (B-3) (District in the Joint Jurisdiction Area)

SECTION 13A-01 – Intent Statement.

The intent of the General Business (B-3) District in the Joint Jurisdiction Area is to provide for a wide variety of retail services. The “B-3” District will include commercial uses requiring large land areas, extensive retail operations, and outdoor display of merchandise. Inventory and material storage shall be screened. 

SECTION 13A-02 – Permitted Principal Uses.

Within the "B-3" General Business District located in the Joint Jurisdictional Area no structure or land shall be used except for one or more of the following uses set forth herein.

1. Antiques;

2. Appliance sales and service;

3. Armory, exhibit hall;

4. Art and school supplies;

5. Auto accessory and parts when conducted entirely within an enclosed building;

6. Auto and truck sales and repair;

7. Auto body and fender repair;

8. Auto wash stations provided each stall for a do-it-yourself type has two parking spaces and if this type is attendant operated parking space equal to fifteen minutes capacity of the facility;

9. Bakery goods;

10. Barber shops and beauty parlors;

11. Banks;

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12. Beauty and barber schools;

13. Billboards;

14. Boats and marine sales;

15. Books and office supplies;

16. Bottling plant;

17. Bowling alleys;

18. Broadcasting studio;

19. Business school;

20. Bus and transportation center;

21. Cabinet and carpentry shop, electrical service, heating, plumbing, upholstery, air condition shop;

22. Candy, delicatessen, confectionary, ice cream, popcorn, nuts, frozen desserts and soft drinks;

23. Camera and photographic sales and repair;

24. Carpet and rugs;

25. Child care facilities, Class I and II;

26. Clothing store;

27. Clubs;

28. Commercial greenhouses and nursery;

29. Coins and stamps;

30. Costume and formal wear rental;

31. Dental laboratory;

32. Department stores;

33. Diaper or general laundry service subject to the following requirements:

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A. The plans for accommodating the sanitary sewer shall be approved by the city engineer;

B. Truck loading facilities shall be provided for at least two trucks in accordance with City Zoning Ordinance Chapter 23.36;

34. Drugs;

35. Dry cleaning and laundry pick-up locations including incidental pressing and repair;

36. Dry cleaning and laundry self-service facility;

37. Employment agency;

38. Florist shop;

39. Floor covering;

40. Furniture, including upholstery, when conducted as a secondary use;

41. Fur products and the processing of furs when directly related to retail sales from the site;

42. Garden and landscape supplies;

43. Gifts or novelties;

44. Glass, china and pottery;

45. Grocery, fruit and vegetables;

46. Hardware;

47. Hobby crafts including handicraft classes;

48. Hotel and inns;

49. Interior decorating studio;

50. Jewelry, time pieces and repairs;

51. Leather goods and luggage;

52. Library, both public and private;

53. Liquor store (off-sale liquor license);

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54. Locker plant for frozen foods;

55. Locksmith and fix-it-shop;

56. Lumber and building accessories;

57. Meat market;

58. Motel, motor hotel provided the site shall contain not less than six hundred square feet per rental unit and one thousand square feet for each apartment and the site shall front on a major thoroughfare;

59. Motor fuel station including minor auto repairs;

60. Musical instruments and repairs;

61. Newspaper office including printing;

62. Newsstands;

63. Offices, business and professional;

64. Offices, governmental;

65. Optical and jewelry manufacturing;

66. Orthopedic and medical supplies, sales, repair and manufacture;

67. Paint, wallpaper and related materials;

68. Pawn shop and used material;

69. Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise;

70. Pet shop or kennels (the keeping of three or more dogs, over four months of age on the premises shall constitute a kennel);

71. Photographic studio;

72. Picture framing;

73. Pipe and tobacco shop;

74. Post office or telegraph substation;

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75. Printing shops;

76. Pool halls;

77. Public auction house;

78. Physical culture and health club;

79. Records, television, radio, hi-fi and recording equipment;

80. Rental service;

81. Rental storage units provided all material to be rented is stored within a building;

82. Restaurant, café, tea room, tavern, bar (may have on-sale liquor license);

83. Roller rinks, public dance halls, ice arenas;

84. Savings and loan offices;

85. Sewing machine, related equipment and sewing classes;

86. Shoes and shoe repair;

87. Sporting goods;

88. Stationery supplies;

89. Stone and monument sales;

90. Tailor shop;

91. Taxi terminal;

92. Taxidermist;

93. Television studio;

94. Theater, not of drive-in variety;

95. Tire and battery sales;

96. Tire recap service;

97. Toys;

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98. Trade School;

99. Transportation center;

100. Travel bureau;

101. Variety store; and

102. Wholesale office and warehouse.

SECTION 13A-03 – Conditional Uses.

Within any "B-3" General Business District, no structure or land shall be used for the following uses except by conditional use permit:

1. Limited manufacture fabrication or processing of clean products;

2. Off-street parking lots subject to Huron Zoning Ordinance Parking Requirements;

3. Parking ramps;

4. Public utility structures;

5. Open sales lots provided:

A. The lot is surfaced and graded according to a plan submitted by the applicant and approved by the city engineer;

B. That all lots on which vehicles are to be parked abutting the required front yard shall conform to the front yard requirements with a curb separating the parking area from the front yard;

C. That the assembly, repair or manufacture of goods shall not occur within an open sales lot;

D. That all lots abutting a lot line of an “R” district shall have a six-foot tall not more than fifty percent open fence erected along the line except abutting required front yards; and

E. That should the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices.

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6. Open sales lots shall not exceed two square feet of surface to one square foot of floor space within a building devoted to the same use as the open sale space;

7. Drive-in businesses subject to the following requirements:

A. A fence of acceptable design not over six feet in height or less than four feet which is at least fifty percent closed shall be constructed along the property line or a planting strip not less than fifteen feet in width reserved and planted along the property line according to a planting plan approved by the building inspector when the use is abutting property in one of the "R" districts; such fence or planting shall be adequately maintained. A fence or planting shall not be required within the required front yard;

B. The entire area shall have a drainage system approved by the city engineer;

C. The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the city engineer; and

D. A box curb at least six inches above grade shall separate the public walk from the lot except at approved entrances or exits.

8. Operation of through trains, spur tracks, sidings, depots, storage tracks, switching yard or other railroad activities; and

9. Veterinary animal hospital.

SECTION 13A-04 – Permitted Accessory Uses.

Within the "B-3" General Business District the following uses shall be permitted accessory uses:

1. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction;

2. Signs as regulated in City of Huron Zoning Ordinance Chapter 23.40;

3. Decorative landscape features; and

4. Off-street loading.

SECTION 13A-05 – Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use

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which is not specifically listed, such applicant shall carry the burden of proof to the Zoning Board of Adjustment that this request is the type of use allowed in the large lot residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 13A-06 – Minimum / Maximum Height, Yard and Density Requirements.

1. Floor Area Ratio.

The floor area ratio within the “B-3” General Business District shall not exceed 2.0.

2. Minimum Lot Size.

The minimum lot size shall be five acres unless the structure is connected to municipal wastewater treatment system. In no case will lots smaller than two acres be permitted.

3. Height of Structure.

No limit on height of structure except as controlled by floor area ratio.

4. Rear Yard.

Rear yard shall be the same as required for the yard on the lot directly across the rear lot line except when abutting a public alley the distance from the center of the alley to the first floor foundation shall be twenty feet or more. Refer also to City of Huron Zoning Ordinance Section 23.30.008(3).

5. Front Yard.

Required front yard shall be at least twenty (20) feet, except whenever a platted block has buildings located on fifty percent or more of the parcels as of the effective date of the ordinance codified in this section whose front yard abuts the same public right-of-way, the front yard setback shall not be reduced below the least existing front yard setback or twenty (20) feet, whichever is less.

6. Minimum Frontage.

Every lot shall have a minimum frontage on a public right-of-way of one hundred feet.

SECTION 13A-07 – Additional Requirements.

1. Platting Required.

All lots within this district shall be platted.

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2. Outside Storage Next to “R” District.

Within any "B-3" General Business District, any use which requires uncovered outside storage and/or open sales lots and is located adjacent to land or uses which are zoned Residential shall be enclosed by a solid wall or opaque fence not less than six feet in height erected along the lot line except along abutting required front yards. Outside storage of materials, other than outside display of goods for sale, shall be enclosed by a solid wall or fence not less than six (6) feet in height and such uses shall not be located less than one hundred (100) feet from any "R" district.

SECTION 13A-08 – Variances.

Requests for variances or conditional use permits in the “B-3” General Business District will be heard by the Joint Planning Commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the Joint Planning Commission will be forwarded to City Commission and County Commission for their consideration and action.

SECTION 13A-09 – Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.

SECTION 13A-10 – Minimum Shelterbelt Setback.

Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

SECTION 13A-11 – Approaches.

Before any road approaches are constructed, the applicant must contact the SD Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate township board for approval of the location and construction requirements.

On county roads there shall be no more than one access approach on a public road or highway per one quarter (1/4) mile on each side of the road.

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SECTION 13A-12 – Private Sewage Disposal Systems.

All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34;04;01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The City Planning and Inspections Office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the SD Department of Environment and Natural Resources.

SECTION 13A-13 – Enforcement.

The enforcement of the “B-3” General Business District within the Joint Jurisdictional Area in Beadle County shall be the responsibility of the city and county zoning administrators under the authority of the Huron City Commission and the Beadle County Commission.

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ARTICLE 13BLIMITED HIGHWAY COMMERCIAL DISTRICT (B-4)

(3 MILE JURISDICTION)

SECTION 13B-20 – Uses Generally.

Within the "B-4" limited highway commercial district, no structure or land shall be used except for one or more of the following uses:

SECTION 13B-21 – Permitted Principal Uses.

Within any "B-4" limited highway commercial district no structure or land shall be used except for one or more of the following uses:

1. Antiques;

2. Appliance sales and service;

3. Art and school supplies;

4. Auto accessory and parts when conducted entirely within an enclosed building;

5. Auto wash stations;

6. Bakery goods;

7. Barber shops and beauty parlors;

8. Banks;

9. Beauty and barber schools;

10. Books and office supplies;

11. Bowling alleys;

12. Broadcasting studio;

13. Business school;

14. Bus and transportation center;

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15. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks, but not where a drive-in service is provided;

16. Camera and photographic sales and repair;

17. Carpets and rugs;

18. Clothing store;

19. Coins and stamps;

20. Confectionery store;

21. Costume and formal wear rental;

22. Delicatessen;

23. Department stores;

24. Dry cleaning and laundry pick-up locations including incidental pressing and repair;

25. Dry cleaning and laundry self-service facility;

26. Employment agency;

27. Florist shop;

28. Floor covering;

29. Frozen foods, not including a locker plant;

30. Funeral homes and mortuaries provided the principal building is not less than fifty feet from the lot line of a lot in the “R” district;

31. Furniture, including upholstery, when conducted as a secondary use;

32. Fur products and the manufacturing or repair of furs when directly related to retail sales from the site;

33. Gifts or novelties;

34. Glass, china and pottery;

35. Grocery, fruit and vegetables;

36. Hardware;

37. Hobby crafts including handicraft classes;

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38. Hotel and inns;

39. Interior decorating studio;

40. Jewelry, timepieces and repairs;

41. Leather goods and luggage;

42. Library, both public and private;

43. Liquor store (off-sale);

44. Meat market, but not including processing for a locker plant;

45. Medical and dental clinics;

46. Motels and motor hotels provided the site shall contain not less than four hundred square feet per rental unit;

47. Musical instruments and repairs;

48. Newsstands;

49. Offices, business and professional;

50. Offices of a general nature provided that not more than thirty percent of the floor space shall be devoted to storage or repair, fabricating or assembling of goods. Goods sold at retail shall not be supplied from stock dept on the premises;

51. Offices, governmental;

52. Paint, wallpaper and related materials;

53. Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise;

54. Pharmacy;

55. Photographic studio;

56. Pipe and tobacco shop;

57. Pool halls;

58. Post office or telegraph substation;

59. Printing shops;

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60. Records, television, radio, hi-fi and recording equipment;

61. Restaurant, café, lounges, tearoom, tavern, bar, none of which shall be the drive-in type;

62. Savings and loan offices;

63. Schools and colleges where all of the regular classes held on the site are within a building;

64. Sewing machine, related equipment and sewing classes;

65. Shoes and shoe repair;

66. Sporting goods;

67. Sports and/or recreation clubs;

68. Stationery supplies;

69. Tailor shop;

70. Television studio;

71. Theater, not of drive-in variety;

72. Toys;

73. Transportation center;

74. Travel bureau; and

75. Variety store.

SECTION 13B-22 – Conditional Uses.

Within any "B-4" limited highway commercial district no structure or land shall be used for the following uses except by conditional use permit:

1. Art studio, interior decorating studio, music studio and dance studio, provided no retail sales are made nor any manufacturing conducted on the site;

2. Auditoriums;

3. Historical buildings, museums, art institutes, fair grounds, armories, galleries and theater for the live arts;

4. Hospitals for human care, nursing facility, assisted living centers, rest homes or retirement homes, provided the site shall contain not less than four hundred square

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feet of lot area for each person to be accommodated and that no building be located less than fifty feet from the side lot line;

5. Off-street parking lots subject to Chapter 23.36;

6. Parking ramps;7. Private clubs and lodges not operated for a profit;

8. Public utility structures;

9. Radio and television studios;

10. Utility service buildings, which shall be in conformance with the yard requirements and architectural style of the neighborhood;

11. Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations.

SECTION 13B-23 – Permitted Accessory Uses.

Within any "B-4" limited highway commercial district, the following uses shall be permitted accessory uses:

1. Any incidental repair or processing necessary to conduct a permitted principal use or conditional use;

2. Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for completion of the construction;

3. Decorative landscape feature such as fountains, patios, etc.;

4. Off-street loading;

5. Off-street parking for principal use subject to Chapter 23.36;

6. Private garages, off-street parking and loading spaces as regulated in this title; and

7. Signs as regulated by this title (and Chapter 23.40).

SECTION 13B-24 – Minimum Requirements.

Minimum setbacks, lot area and maximum building height requirements shall be as follows:

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1. Minimum side yard on the street side shall not be less than twenty feet or the height of the structure measured from the property line, whichever is greater;

2. Minimum side yard on the interior lot side shall be not less than twenty feet or one-half the height of the structure, whichever is greater;

3. Minimum lot depth shall be three hundred feet;4. Minimum lot area shall be sixty thousand square feet when connected to the public

sewer system;

5. Minimum lot area shall be sixty thousand square feet when connected to a holding tank that provides for no release (in anticipation of connection to the public sewer system);

6. Minimum lot area shall be five acres when not connected to the public sewer system;

7. Minimum front yard shall be seventy-five feet;

8. Minimum rear yard shall be twenty feet or one-half the height of structure, whichever is greater;

9. Minimum lot frontage (width) shall be two hundred feet;

10. Each lot shall be provided a maximum of one access point onto 21st Street SW and West Park Avenue SW per two hundred foot lot of frontage; and

11. Minimum floor elevation for every structure in the zoning district area shall be set by the city engineer.

SECTION 13B-25 – Stony Run Creek Drainage Way.

No development shall be allowed in the Stony Run Creek Drainage Way.

SECTION 13B-26 – Alleys / Service Roads.

Owners and or developers of land within the areas zoned for commercial or residential uses adjacent to 21st Street SW and/or West Park Avenue SW shall dedicate land for a twenty foot wide alley/service road running east and west parallel to 21st Street SW and north and south parallel to West Park Avenue SW. It is the intent of the city of Huron that a system of public alleys / service roads shall exist within the area along and surrounding the West Huron bypass.

SECTION 13B-27 – Lawful Use of Existing Structures and Property.

As noted in Section 23.10.002, any structure or use of property lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in a manner of operation existing upon such date except as specified in Chapter 23.10.

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(Ord. 1961 (part), 2003)

ARTICLE 13CHEAVY HIGHWAY COMMERCIAL DISTRICT (B-5)

(3 MILE JURISDICTION)

SECTION 13C-30 – Uses Generally.

Within the "B-5" heavy highway commercial district, no structure or land shall be used except for one or more of the following uses:

SECTION 13C-31 – Permitted Principal Uses.

Permitted principal uses shall be businesses providing the following sales and/or service:

1. Those uses permitted in Section 23.31.002 and as regulated therein except as herein amended;

2. Armory, exhibit hall;

3. Auto and truck sales and repair;

4. Auto wash provided each stall for a do-it-yourself type has two parking spaces and if this type is attendant operated parking space equal to fifteen minutes capacity of the facility;

5. Auto body and fender repair;

6. Boats and marine sales;

7. Bottling plant provided the gross floor area does not exceed six thousand square feet;

8. Cabinet and carpentry shop, electrical service, heating, plumbing upholstery, air condition shop;

9. Commercial greenhouses and nursery;

10. Diaper or general laundry service subject to the following requirements;

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11. The plans for accommodating the sanitary sewer shall be approved by the city engineer;

12. Truck loading facilities shall be provided for at least two trucks in accordance with Chapter 23.36;

13. Dental laboratory;

14. Garden and landscape supplies;

15. Locker plant for frozen foods;

16. Locksmith and fix-it-shop;

17. Lumber and building accessories;

18. Motel, motor hotel provided the site shall contain not less than six hundred square feet per rental unit and one thousand square feet for each apartment and the site shall front on a major thoroughfare;

19. Motor fuel station including minor auto repairs;

20. Newspaper office including printing;

21. Optical and jewelry manufacturing;

22. Orthopedic and medical supplies, sales, repair and manufacture;

23. Pawn shop and used material;

24. Pet shop or commercial dog kennels (the keeping of three or more dogs, over two months of age on the premises shall constitute a kennel);

25. Physical culture and health club;

26. Picture framing;

27. Printing shop;

28. Public auction house;

29. Rental service;

30. Roller rinks, public dance hall, ice arenas;

31. Stone and monument sales;

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32. Taxidermist;

33. Taxi terminal;

34. Tire and battery sales;

35. Tire recap service;36. Trade school;

37. Veterinary animal hospital; and

38. Wholesale office and warehouse.

SECTION 13C-32 – Conditional Uses.

Within any "B-5" heavy highway commercial district, no structure or land shall be used for the following uses except by conditional use permit:

1. Drive-in businesses subject to the following requirements:A. A fence of acceptable design not over six feet in height or less than four feet

which is at least fifty percent closed shall be constructed along the property line or a planting strip not less than fifteen feet in width reserved and planted along the property line according to a planting plan approved by the building inspector when the use is abutting property in one of the “R” districts; such fence or planting shall be adequately maintained. A fence or planting shall not be required within the required front yard;

B. The entire area other than that occupied by the structure or planting shall be surfaced with a material, which will control dust and drainage to the approval of the city engineer;

C. The entire area other than that occupied by the structure or planting shall be surfaced with a material, which will control dust and drainage to the approval of the city engineer; and

D. A box curb at least six inches above grade shall separate the public walk from the lot except at approved entrances or exits.

2. Limited manufacture fabrication or processing of clean products;

3. Off-street parking lots subject to Chapter 23.36;

4. Open sales lots provided:

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A. The lot is surfaced and graded according to a plan submitted by the applicant and approved by the city engineer;

B. That all lots on which vehicles are to be parked abutting the required front yard shall conform to the front yard requirements with a curb separating the parking area from the front yard;

C. That the assembly, repair, or manufacture of goods shall not occur within an open sales lot;

D. That all lots abutting a lot line of an “R” district shall have a six-foot, at least fifty percent closed fence, erected along the line except abutting required front yards; and

E. That should the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices.

5. Parking ramps; and

6. Public utility structures.

SECTION 13C-33 – Permitted Accessory Uses.

Within the "B-5" heavy highway commercial district the following uses shall be permitted accessory uses:

1. Any use permitted in Section 23.31.006 and as regulated therein except as herein amended; and

2. Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed fifty percent of the floor area devoted to the principal use.

SECTION 13C-34 – Minimum Requirements.

Minimum setbacks, lot area and maximum building height requirements shall be as follows:

1. Minimum side yard on the street side shall be not less than twenty feet or the height of the structure measured from the property line; whichever is greater;

2. Minimum side yard on the interior lot side shall be not less than twenty feet or one-half the height of the structure, whichever is greater;

3. Minimum lot depth shall be three hundred feet;

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4. Minimum lot area shall be ninety thousand square feet when connected to the public sewer system;

5. Minimum lot area shall be ninety thousand square feet when connected to a holding tank that provides for no release (in anticipation of connection to the public sewer system);

6. Minimum lot area shall be five acres when not connected to the public sewer system;

7. Minimum front yard shall be seventy-five feet;

8. Minimum rear yard shall be twenty feet or one-half the height of structure, whichever is greater;

9. Minimum lot frontage (width) shall be three hundred feet;

10. Each lot shall be provided a maximum of one access point onto 21st Street SW and West Park Avenue SW per two hundred foot lot of frontage;

11. Minimum floor elevation for every structure in the zoning district area shall be set by the city engineer.

SECTION 13C-35 – Stony Run Creek Drainage Way.

No development shall be allowed in the Stony Run Creek Drainage Way.

Section 13C-36 – Alleys / Service Roads.

Owners and or developers of land within the areas zoned for commercial or residential uses adjacent to 21st Street SW and/or West Park Avenue SW shall dedicate land for a twenty foot wide alley/service road running east and west parallel to 21st Street SW and north and south parallel to West Park Avenue SW. It is the intent of the city of Huron that a system of public alleys/service roads shall exist within the area along and surrounding the West Huron by-pass.

Section 13C-37 – Lawful Use of Existing Structures and Property.

As noted in Section 23.10.002, any structure or use of property lawfully existing upon the effective date of the ordinance codified in this title may be continued at the size and in a manner of operation existing upon such date except as specified in Chapter 23.10.

(Ord. 1961 (part), 2003).

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ARTICLE 14

COMMERCIAL DISTRICT (C)

SECTION 1401 – Intent.

The intent of the Commercial District (C) is to provide a commercial area for those establishments serving the general shopping needs of the trade area and in particular, those establishments customarily oriented to the pedestrian shopper in a community with a population of 5,000 or less. The grouping of uses is intended to strengthen the central business area as the urban center of trade, service, governmental and cultural activities and to provide neighborhood commercial convenience areas.

SECTION 1402 – Permitted Uses and Structures.

The following uses and structures shall be permitted in the Commercial District (C):

1. All retail sales and services;

2. Finance, insurance, and real estate services;

3. Lodges and fraternal organizations;

4. Wholesale trade;

5. Restaurants and lounges;

6. Public buildings and grounds;

7. Churches, welfare, and charitable services;

8. Other uses which, in the opinion of the County Planning Commission, are in the same general character as those enumerated in this Section;

9. Those accessory uses and structures normally appurtenant to the permitted uses and structures when established within the space limits of this District; and

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10. Rental storage units.

SECTION 1403 – Conditional Uses.

After the provisions of this Ordinance relating to Conditional Uses have been fulfilled, the County Planning Commission may permit as conditional uses in the Commercial District (C):

1. Grain Elevators;

2. Other trade and service uses which are similar to the permitted uses and which are in harmony with the intent of this Ordinance;

3. Structures containing both commercial and residential uses;

SECTION 1404 - Minimum Lot Requirements.

The minimum lot area shall be two thousand four hundred (2,400) square feet. The minimum lot width shall be twenty five (25) feet.

SECTION 1405 - Minimum Yard Requirements.

All permitted structures located on the lot shall have a front yard setback of a least ten (10) feet, minimum side yard setback of ten (10) feet, and a minimum rear yard setback of twenty (20) feet.

SECTION 1406 - Maximum Lot Coverage.

The maximum lot coverage for all buildings shall not be more than ninety percent (90%) of the total lot area.

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ARTICLE 15

HIGHWAY COMMERCIAL DISTRICT (HC)

SECTION 1501 – Intent.

The intent of the Highway Commercial District (HC) is to provide commercial areas for communities with a population of 5,000 or less with establishments which can function most satisfactorily in an area directly related to major vehicular transportation route. The intent must also be made for the needs of the highway user and the motor vehicle, and in so doing to establish appropriate locations along major streets and highways for highway and motor vehicle related retail and service establishments in locations which will not cause undue traffic congestion.

SECTION 1502 - Permitted Uses and Structures.

1. Retail sales of lumber and other building materials, farm equipment, motor vehicles, marine craft, trailers, farm and garden supplies, and fuel;

2. Wholesale sales of: motor vehicles and automotive equipment; drugs, chemicals, and allied products; dry goods and apparel; groceries and related products; electrical goods, hardware, plumbing, heating equipment, and supplies; machinery, equipment, and supplies, beer, wine, and distilled alcoholic beverages; paper and paper products; furniture and home furnishings; lumber and construction materials;

3. Funeral and crematory services;

4. Farm products warehousing and storage, excluding stockyards;

5. Refrigerated warehousing;

6. Food lockers, provided, that any slaughtering, killing eviscerating, skinning, or plucking be done indoors;

7. Household goods warehousing and storage;

8. General warehousing and storage;

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9. Vehicle repair and services;

10. Re-upholstery and furniture repair services;

11. Contract construction service;

12. Bus garaging and equipment maintenance;

13. Motor freight terminals;

14. Motor freight garaging and equipment maintenance;

15. Automobile parking;

16. Libraries, museums, art galleries, planetary, aquariums; historic and monument sites; auditoriums; exhibition halls; and penny arcades;

17. Miniature golf, gymnasiums and athletic clubs, swimming pools; tennis courts; ice skating; roller skating;

18. Parks;

19. Amphitheaters; stadiums, drive-in movies, arenas and field houses; race tracks; fairgrounds; amusement parks; golf driving ranges; go-cart tracks; golf courses and country clubs; riding stables; playfields and athletic fields; bowling;

20. Communication and utility uses;

21. Automobile service stations;

22. Motels

23. All retail sales and services;

24. Finance, insurance, and real estate services;

25. Lodges and fraternal organizations;

26. Restaurants and lounges;

27. Public buildings and grounds;

28. Churches, welfare, and charitable services;

29. Grain elevators;

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30. Light industry and manufacturing;

31. Rental storage units;

32. Other uses which, in the opinion of the County Planning Commission, are in the same general character as those enumerated in this Section; and

33. Those accessory uses and structures normally appurtenant to the permitted uses and structures when established within the space limits of this District.

SECTION 1503 - Conditional Uses.

There shall be no conditional uses permitted in the Highway Commercial District.

SECTION 1504 - Minimum Lot Requirements.

The minimum lot area for permitted uses shall be thirty thousand (30,000) square feet. The minimum lot width for permitted uses shall not be less than one hundred (150) feet.

SECTION 1505 - Minimum Yard Requirements.

There shall be a front yard setback of not less than forty (40) feet. There shall be a rear yard setback of not less than twenty (20) feet. Each side yard setback shall be not less than 10 feet. All distances shall be measured from the lot lines.

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ARTICLE 16

INDUSTRIAL DISTRICT (CITY I-1)(3 Mile Jurisdiction)

SECTION 1601 – Intent.

The intent of the General Industrial District (I) is to provided space for certain types of industrial and/or manufacturing and/or warehousing or storage operations which are compatible to adjoining districts. Such uses generally require open storage of materials or goods either before, during, or after the manufacturing process but are of a low noise or nuisance level. Land designed for this District should be located in relations to the thoroughfare network of the community as well as rail and air if required and designated so as not to disrupt normal traffic flows. Because of increasing technological developments, extensive lists of permitted uses are not particle. At anytime, a Planned Industrial Park is encouraged in this District.

SECTION 1602 - Permitted Uses and Structures.

1. Artificial limbs;

2. Auction houses;

3. Automobile painting, upholstering, tire recapping, repairing, body and fender repairing;

4. Apparel;

5. Batteries;

6. Bag carpet and rag cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust;

7. Bakery goods;

8. Bedsprings and mattresses;

9. Belting and chain conveyors;

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10. Bicycles and toys;

11. Billboards and signs;

12. Blacksmithing;

13. Boat building, repair, and storage;

14. Building materials yard;

15. Cabinet and carpentry shop, electrical service, heating, plumbing, upholstery, air condition shop;

16. Camera and photographic supplies;

17. Canning or packaging of food/materials;

18. Canvas and canvas products;

19. Ceramic products manufacturing, using only previously pulverized clay and kilns fired only by electricity or gas;

20. Cigarettes and tobacco products;

21. Cork and cork products;

22. Creameries, dairy plants, ice cream plants;

23. Drug, cosmetics, pharmaceuticals, and toiletries;

24. Electric motors, generators, transformer, and other control including rebuilding;

25. Engraving and printing;

26. Felt products;

27. Parking lots;

28. Products made of glass, cellophane, leather, feathers, fur, precious metals, hair, horn, paper, plastics, shell, wax, wood, and yard products, provided they are produced from such previously prepared materials;

29. Heating, washing, cooling, drying, cleaning process;

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30. Television, radio, appliances, sheet metal work, ornamental iron, welding, and stamping;

31. Ice, cold storage plants, bottling works;

32. Laundries;33. Lumber yards;

34. Machine shops;

35. Metal polishing and plating;

36. Motor fuel station with minor repair;

37. Musical instruments;

38. Novelties;

39. Paper products, boxes, bags, envelopes, etc;

40. Packaging;

41. Railroad sidings, spurs, and depots;

42. Ready-mix, concrete block and black top plants;

43. Rental provided all materials are stored within a building;

44. Restaurants;

45. Rubber, synthetic rubber, and plastic products;

46. Shoes, boots, footwear;

47. Sporting equipment;

48. Tools, hardware, and small metal products;

49. Trade school;

50. Warehousing and office wholesaling.

SECTION 1603 - Permitted Accessory Uses.

Within any "I-1" industrial district the following uses shall be permitted accessory uses:

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1. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use subject to Section 1002. (City Ordinance 985.1971)

SECTION 1604- Conditional Use.

Within any "I-1" industrial district, no structure or land shall be used for the following uses except by special exception.

1. Research Laboratories;2. Public utility structure;

3. Airports, heliports;

4. Open sales lot, subject to Section 1903 (5);

5. Radio, television or-transmission towers;

6. Material processing in relation to mining;

7. Structures in excess of four stories or fifty (50) feet which-ever is less, except as provided in Article 28.

SECTION 1605 – Lot Area, Height, Lot Widths, and Yard Requirements.

Lot area, lot width, height and yard requirements shall be as follows:

1. The floor area ratio within the "I-1" district shall not exceed 1.0;

2. Side yard abutting a street on a corner lot shall be not less than fifteen (15) feet in width;

3. Where a use has railroad trackage abutting the interior side or rear of a site, a variance may be granted to the side or rear yard requirements to provide for a railroad loading facility;

4. All outside storage or operations shall be enclosed within a fence for the purpose of title, means any partition structure wall or gate erected as a dividing marker, barrier or enclosure located on the boundary lines or within the required yard; and

5. The following minimum requirements shall be observed subject to the Additional requirements, exceptions and modifications as set forth in Article 28;

A. Lot Area: 10,000 square feet;

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B. Lot Width: 80 feet;

C. Front Yard Depth: 15 feet;

D. Side Yard Width: Every lot which does not abut on a public alley shall have one side yard of twelve (12) feet or more.

E. Rear Yard Depth: If the building has no openings on the alley side or abutting rear lot line, and off-street loading is provided to the side or front of the building, the building may extend to within twelve (12) feet of the center-line of the alley; or if no alley exists and the abutting lot is in the "R" district, the building may extend to within one-half the height of the building; or if the abutting lot is in the "B" or "I" district, the building may extend to the lot line; or if the building is to have openings, the building may extend to within twenty-four (24) feet of the rear lot line or centerline of the alley.

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ARTICLE 17

General Industrial (I-2)(District in the Joint Jurisdiction Area)

SECTION 1701 – Intent Statement.

The intent of the General Industrial (I-2) District in the Joint Jurisdiction Area is to support both light and heavy manufacturing. This district is intended to provide for a number of light manufacturing, light processing, warehousing and service uses. This district includes the supportive commercial uses for the industrial businesses.  This district is intended to provide for heavy industrial uses which may create a degree of nuisance which may not be compatible with residential and light commercial uses. All uses in this district shall comply with any state or local regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable. 

SECTION 1702 – Permitted Principal Uses.

Within any “I-2” General Industrial District, no structure or land shall be used except for the purpose of conducting one or more of the following uses: sale, servicing, manufacture, fabrication or processing of any of the following articles or products:

1. Artificial limbs;

2. Auction houses;

3. Automobile painting, upholstering, tire recapping, repairing, body and fender repair;

4. Apparel;

5. Bakery goods;

6. Batteries;

7. Bedsprings and mattresses;

8. Belting and chain conveyors;

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9. Bicycles and toys;

10. Billboards and signs (install according to City Sign Ordinance);

11. Blacksmithing;

12. Boat building, repair and storage;

13. Builder’s or contractor’s yards;

14. Building materials yard;

15. Bus or truck storage or maintenance shops;

16. Cabinet and carpentry shop, electrical service, heating, plumbing, upholstery, air condition shop;

17. Camera and photographic supplies;

18. Canning or packaging of food stuffs;

19. Canvas and canvas products;

20. Creameries, dairy plants, ice cream plants;

21. Drug, cosmetics, pharmaceuticals and toiletries;

22. Electric motors, generators, transformers and other controls including rebuilding;

23. Engraving and printing;

24. Heat treating and plating of metal products;

25. Ice, cold storage plants, bottling works;

26. Laundries;

27. Lumber yards;

28. Machine shops;

29. Metal polishing and plating;

30. Motor freight terminals;

31. Motor fuel station with minor repair;

32. Offices;

33. Paper products, boxes, bags, envelopes, etc.;

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34. Packaging;

35. Railroad shops, yards, depot and related facilities;

36. Rental service;

37. Rental storage units;

38. Restaurant;

39. Rubber, synthetic rubber and plastic products;

40. Sales of:

A. Farm machinery;

B. Automobiles and/or trailers;

C. Farm feed and/or seed;

D. Bulk firewood;

E. Dirt, sand, gravel or rock;

F. Heavy equipment;

41. Stone, marble and granite grinding and cutting;

42. Television, radio, appliances, sheet metal work, ornamental iron, welding and stamping;

43. Tools, hardware and small metal products;

44. Trade school; and

45. Warehousing and office wholesaling.

SECTION 1703 – Conditional Uses.

Within any “I-2” General Industrial District, no structure or land shall be used for the following uses except by conditional use permit:

1. Airports or heliports;

2. Automobile reduction yard;

3. Automobile, tractor, trailer or farm implement sales, assembly or manufacturing;

4. Brick, pottery, tile, terra cotta manufacturing;

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5. Emery cloth or sandpaper manufacturing;

6. Enameling, lacquering or japanning;

7. Flammable liquid storage;

8. Flour or grain mill;

9. Grain drying or feed manufacturing from refuse mash or grain;

10. Junkyard;

11. Material processing in relation to mining;

12. Meat packing, including a stockyard;

13. Millworks;

14. Open sales lots;

15. Planing mill, lumber mill and veneer manufacturing;

16. Poultry slaughtering, meat processing, sausage manufacturing and smokehouse;

17. Printing ink manufacturing;

18. Public utility structures;

19. Radio, television and transmission towers;

20. Ready-mix, concrete block plants and black top plants;

21. Research laboratories;

22. Sand blasting or stone cutting;

23. Sewage disposal plant or incinerator;

24. Steam or diesel power plants; and

25. Trucking terminal.

SECTION 1704 – Permitted Accessory Uses.

Within any “I-2” General Industrial District, the following uses shall be permitted accessory uses:

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1. Signs as regulated in the Huron Zoning Ordinance;

2. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use subject to the following:

A. No structure or building shall exceed three stories or thirty-five feet, whichever is the lesser in height except as provided in the Huron Zoning Ordinance;

B. A side yard abutting on a street shall not be less than twenty feet in width.SECTION 1705 – Determination of Uses and Structures.

The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the board of adjustment that this request is the type of use allowed in the large lot residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

SECTION 1706 – Minimum / Maximum Requirements.

Requirements shall be as follows:

1. Floor Area Ratio.

The floor area ratio, within the “I-2” General Industrial District shall not exceed 1.0.

2. Minimum Lot Size.

The minimum lot area shall be five acres unless the business owner can illustrate that a certified wastewater treatment system will operate properly on a smaller lot. In no case will lots smaller than two acres be permitted.

3. Front Yard Setback.

Front yard setback shall be a minimum of fifteen feet.

4. Side Yard Setback.

Side yards abutting streets or roads on a corner lot shall not be less than fifteen feet in width. Side yard width not abutting a street shall be a minimum of twelve feet. See exception in D.2.b above.

5. Rear Yard Setback.

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If the building has no openings on the alley side or abutting rear lot line, and off-street loading is provided to the side or front of the building, the building may extend to within twelve feet of the lot line; or if no alley exists, the building may extend to within one-half the height of the building or twelve feet from the lot line, whichever is greater; or if the abutting lot is in the "B" or "I" district, the building may extend to within twelve feet of the lot line. If the building is to have openings, the building may extend to within twenty-five feet of the rear lot line.

6. Side and/or Rear Yard with Railroad Trackage. Where a use has railroad trackage abutting the side or rear of a site, a variance may be requested to the side or rear yard requirements to provide for a railroad loading facility.

7. Minimum Lot Frontage.

Every lot shall have a minimum frontage on a public right-of-way of one hundred feet.

SECTION 1707 – Additional Requirements.

1. Platting.

All lots within this district shall be platted.

2. Outside Storage Next to “R” District.

Within any "I-2" Industrial District, any use which requires uncovered outside storage and/or open sales lots and is located adjacent to land or uses which are zoned Residential shall be enclosed by a solid wall or opaque fence not less than six feet in height erected along the lot line except along abutting required front yards. Outside storage of materials, other than outside display of goods for sale, shall be enclosed by a solid wall or fence not less than six (6) feet in height and such uses shall not be located less than one hundred (100) feet from any "R" district.

3. Setback Adjacent to R District.

There shall be a one-hundred-foot wide setback between any "I-2" use (including permitted, conditional, accessory uses or structures or on site parking) and the lot line of any adjacent "R" district lot.

SECTION 1708 – Variances.

Requests for variances or conditional use permits in the “I-2” District will be heard by the Joint Planning Commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the Joint

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Planning Commission will be forwarded to City Commission and County Commission for their consideration and action.

SECTION 1709 – Protection of Natural Waterways.

No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.

SECTION 1710 – Minimum Shelterbelt Setback.

Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

SECTION 1711 – Approaches.

Before any road approaches are constructed, the applicant must contact the SD Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate town or township board for approval of the location and construction requirements.

On county roads there shall be no more than one access approach on a public road or highway per one quarter (1/4) mile on each side of the road.

SECTION 1712 – Private Sewage Disposal Systems.

All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34;04;01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The City Planning and Inspections Office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the SD Department of Environment and Natural Resources.

SECTION 1713 – Enforcement.

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The enforcement of the “I-2” District within the Joint Jurisdictional Area in Beadle County shall be the responsibility of the city and county zoning administrators under the authority of the Huron City Commission and the Beadle County Commission.

ARTICLE 18

RURAL MUNICIPALITY INDUSTRIAL DISTRICT (I-3)

SECTION 1801 – Intent.

The intent of the General Industrial District (I) is to provide space for certain types of industrial and/or manufacturing and/or warehousing or storage operations which are compatible to adjoining districts in a community with a population of 5,000 or less. Such uses generally require open storage of materials or goods either before, during, or after the manufacturing process but are of a low noise or nuisance level. Land designed for this District should be located in relations to the thoroughfare network of the community as well as rail and air if required and designated so as not to disrupt normal traffic flows. Because of increasing technological developments, extensive lists of permitted uses are not practical. At anytime, a Planned Industrial Park is encouraged in this District.

SECTION 1802 – Permitted Uses and Structures.

1. Artificial limbs;

2. Auction houses;

3. Automobile painting, upholstering, tire recapping, repairing, body and fender repairing;

4. Apparel;

5. Batteries;

6. Bag carpet and rag cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust;

7. Bakery goods;

8. Bedsprings and mattresses;

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9. Belting and chain conveyors;

10. Bicycles and toys;

11. Billboards and signs;

12. Blacksmithing;

13. Boat building, repair, and storage;

14. Building materials yard;

15. Cabinet and carpentry shop, electrical service, heating, plumbing, upholstery, air condition shop;

16. Camera and photographic supplies;

17. Canning or packaging of food/materials;

18. Canvas and canvas products;

19. Ceramic products manufacturing, using only previously pulverized clay and kilns fired only by electricity or gas;

20. Cigarettes and tobacco products;

21. Cork and cork products;

22. Creameries, dairy plants, ice cream plants;

23. Drug, cosmetics, pharmaceuticals, and toiletries;

24. Electric motors, generators, transformer, and other control including rebuilding;

25. Engraving and printing;

26. Felt products;

27. Parking lots;

28. Products made of glass, cellophane, leather, feathers, fur, precious metals, hair, horn, paper, plastics, shell, wax, wood, and yard products, provided they are produced from such previously prepared materials;

29. Heating, washing, cooling, drying, cleaning process;

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30. Television, radio, appliances, sheet metal work, ornamental iron, welding, and stamping;

31. Ice, cold storage plants, bottling works;

32. Laundries;

33. Lumber yards;

34. Machine shops;

35. Metal polishing and plating;

36. Motor fuel station with minor repair;

37. Musical instruments;

38. Novelties;

39. Paper products, boxes, bags, envelopes, etc;

40. Packaging;

41. Railroad sidings, spurs, and depots;

42. Ready-mix, concrete block and black top plants;

43. Rental provided all materials are stored within a building;

44. Restaurants;

45. Rubber, synthetic rubber, and plastic products;

46. Shoes, boots, footwear;

47. Sporting equipment;

48. Tools, hardware, and small metal products;

49. Trade school;

50. Warehousing and office wholesaling;

51. Conducting any of the following uses: Sale, servicing, manufacture, fabrication or processing of any of the following articles or products;

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52. Builder's or contractor's yards, farm machine sales, feed sales, bulk firewood sales, dirt, sand, gravel and rock sales, heavy equipment sales, provided any such operations other than sales are enclosed by a solid wall or fence not less than six (6)feet in height and such uses shall not be located less than one hundred (100) feet from any "R" district;

53. Bus or truck storage or maintenance shops;

54. Heat treating and plating;

55. Motor freight terminals;

56. Railroad shops, yards, depot and related facilities;

57. Rubber, plastics and synthetic rubber products;

58. Stone, marble and granite grinding and cutting;

59. Warehousing;

60. Offices.

SECTION 1803 – Conditional Uses.

The County Planning Commission may permit a conditional use in the general industrial district. This may be any use which is consistent with the intent of the district.

SECTION 1804 – Minimum Lot Requirement.

There shall be, at a minimum, thirty thousand (30,000) square feet per general industrial district lot.

SECTION 1805 – Minimum Yard Requirements.

There shall be a front yard setback of not less than twenty-five (25) feet. There shall be a rear yard setback of not less than twenty (20) feet. Each side yard setback shall not be less than twenty (20) feet, PROVIDED, that on lots adjacent to a Residential District, all structures shall be located so as to provide a minimum side and rear yard setbacks of twenty five (25) feet along that portion of the lot adjacent to the Residential District. Measurements shall be taken from the property lines of the lot in question.

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ARTICLE 19

SUPPLEMENTARY DISTRICT REGULATIONS

SECTION 1901 - Visibility at Intersections.

On all corner lots and lots bordering alleys and all private driveways intersecting public roads in all districts except Commercial, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and ten (10) feet above the centerline grades of the intersecting streets, in the area formed by a radius of twenty feet from the intersection of the street, curbs, or edge.

SECTION 1902 - Erection of More Than One Principal Structure on a Lot.

In any district, more than one structure may be erected on a single lot, provided, that the use is a permitted use, the structure is 10 feet apart from an adjacent structure, and that yard and other requirements of this Ordinance shall be met for each structure as though it were on an individual lot.

SECTION 1903 - Front Yard Regulations.

In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty (30) inches and ten (10) feet. See Section 1901 for further regulations concerning corner lots.

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Administrator may waive the requirement for the normal front yard and substitute, therefore, a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of

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rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel.

SECTION 1904 - Mobile Homes.

1. Mobile Homes.

A. Trailer and Mobile Home.

A vehicle without motive power, designed for living quarters and for being drawn by a motor vehicle, excluding seasonal camp trailers or cars; generally a vehicle either registered or eligible for registration with the South Dakota Division of Motor vehicles as a mobile home. Mobile home as defined above shall not be allowed in any district outside of the three (3) mile joint jurisdiction unless authorized by a special permit and the trailer or mobile home meets the following conditions:

i. No older than 10 years of manufactured date.

1) If the trailer or mobile home is not a new mobile home, the applicant shall provide a picture of dwelling inside and out, which shall be presented to the Beadle County Zoning office for review and approval or denial.

ii. Prior to placement of home on the foundation, it shall be inspected and a Building Permit approved by the Beadle County Zoning office.

iii. The running gear and hitch have been removed or enclosed.

iv. The trailer has been anchored to a permanent footing and foundation.

1) The footing to be a minimum of eight (8) inches thick by sixteen (16) inches wide poured concrete with top of footing to be sixteen (16)inches below grade.

2) The foundation shall be eight (8) inches poured concrete or concrete block.

SECTION 1905 - Mobile Home Parks.

A mobile home park may be established in specified districts according to the procedures for granting a special exception, provided, that the proposed mobile home park meets all of thefollowing requirements:

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1. A mobile home park shall have an area of not less than two (2) acres and no mobile home park lot or office or service building shall be closer to a street right-of-way or other property line than twenty-five (25) feet.

2. The margins along the side and rear property lines shall be densely planted to coniferous or cedar trees for a depth of not less than twenty-five (25) feet, and shall be properly landscaped.

3. Individual mobile homes lots shall have an area of not less than three thousand (3,000) square feet and the total number of lot per gross acre shall not exceed fourteen (14).

4. A minimum of twenty-five (25) feet measured from any entrance, lean to or other extension from said mobile home shall be maintained between mobile homes.

5. A request for a conditional use shall set forth the location and legal description of the proposed mobile home park property, and a sketch of the proposed mobile home park, showing dimensions, driveways, proposed locations of mobile homes, the location of sanitary conveniences and other buildings and improvements.

Certification of compliance with all ordinances and regulations regarding mobile home park licensing, and zoning, health, plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations shall be a prior requirements for granting said conditional use.

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ARTICLE 20

NONCONFORMING LOTS, NONCONFORMING USES OF LAND,NONCONFORMING STRUCTURES, NONCONFORMING USES OF

STRUCTURES AND PREMISES, AND NONCONFORMINGCHARACTERISTICS OF USES

SECTION 2001 – Intent.

Within the Districts established by this Ordinance or amendments that may later be adopted, there exists:

1. Lots;

2. Structures;

3. Uses of land and structures; and

4. Characteristics of use

Which were lawful before this Ordinance was passed or amended but which would be prohibited, regulated, or restricted under the term of this Ordinance or future amendments. It is the intent of this Ordinance to permit there nonconformities to continue until there are removed, but not to encourage their survival. It is further the intent of this Ordinance that non conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by these regulations to be incompatible with permitted uses in the Districts involved. A nonconforming use of structure or a nonconforming use of land and structure in combination shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the District involved.

To avoid undue hardship, nothing in this Ordinance 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 this adoption or amendment of this Ordinance and upon which actual building construction had been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and

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fastened in a permanent manner. Where excavation or demolition or removal of existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

SECTION 2002 - Nonconforming Lots of Record.

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 at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width, that are generally applicable in the District, provided that yard dimensions and requirements other than those applying to area and/or width of the lot shall conform to the regulations for the District in which such lot is located. Variances to the yard requirements shall only be obtained through action of the County Planning Commission.

In any District, if two (2) or more lots, combination of lots, and/or portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance. If all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered undivided parcel for the purpose of this ordinance. No portion of said parcel shall be used or sold in a manner which diminished compliance with lot width and area requirements established by this Ordinance; nor shall any division of any parcel be made which creates a lot with a width or area below requirements stated in this Ordinance.

SECTION 2003 - Nonconforming Uses of Land (or Land with Minor Structures Only).

Where at the time of passage of this Ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, the use may be continued so long as it remains otherwise lawful, provided:

1. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance.

2. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the District in which such land is located.

3. No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

4. Any current nonconforming operation that transfers ownership of the operation, the prospective buyer must apply for conditional use permit.

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SECTION 2004 - Nonconforming Structures.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease it nonconformity.

2. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of its reasonable fair market value/replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

SECTION 2005 - Repairs and Maintenance.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any portion of twelve consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current reasonable fair market value/replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official 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 (See County Nuisance Ordinance).

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or pert thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official (See County Nuisance Ordinance).

SECTION 2006 - Conditional Uses Shall Not be Nonconforming Uses.

Any use which is permitted as a conditional use in a District under the terms of this Ordinance (other than a change through the County Planning Commission action from a nonconforming use to another use not generally permitted in the District) shall not be deemed a nonconforming use in such District without further action to be considered a conforming use at the date of adoption of this Ordinance.

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ARTICLE 21

DECLARATION AND ABATEMENT OF NUISANCES

SECTION 2101 – Intent.

This Ordinance is for the declaration and abatement of public nuisances in the incorporated areas of Beadle County and in any area of unincorporated Beadle County that is deemed necessary and warranted by the Beadle County Commission.

Pursuant to the SDCL 7-8-33 and consistent with the purpose of creating and maintaining a safe and healthy environment for the public welfare of Beadle County residents and their posterity.

SECTION 2102 - Public Nuisance.

What is a public nuisance? Unlawfully doing an act, or omitting to perform a duty, which act or omission either:

1. injures, or endangers the comfort, repose, health, or safety of others;

2. a hazard or an injury to human health; and in addition;

3. specific acts, conditions, and things that are declared to constitute a public nuisance.

Whoever shall create, commit, maintain, or permit to be created, committed, or maintained

1. any of the enumerated conditions, specific acts, things, and situations or;

2. otherwise violates the general provisions of this ordinance is guilty of a public nuisance and the place, contents, area, thing, or all of the foregoing, are declared a public nuisance and shall be enjoined and abated as provided by state statute and/or county ordinance.

It will be the responsibility of the Zoning Administrator or an Official designated by the Beadle County Commission, to enforce these public nuisance ordinances in Beadle County. All nuisances/condemnations will be handled on a signed site specific complaint basis only.

SECTION 2103 - Right of Entry.

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Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the Official, or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which is prohibited under this article, Official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this article. If such building or premises is occupied, a reasonable effort will be made to locate the owner of the building or premises and demand entry. If such entry is refused, the Zoning Administrator or Official or an authorized representative shall have recourse of every remedy provided by law to secure entry.

No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand made as herein provided, to properly permit entry therein for purpose of inspection an examination pursuant to this article.

SECTION 2104 – Notification.

Whenever notification is given that any condition or conditions prohibited in this article exist on any premises located in Beadle County, the Zoning Administrator or Official or an authorized representative shall give cause to be given, notice to abate the unlawful condition or conditions existing on the premises. Such notice shall be in writing to the person creating, permitting, or maintaining such nuisance to abate the same with a reasonable period of time.

SECTION 2105 - Owner Unknown - Notice Waived.

Whenever the owner, occupant, or agent of any premises in or upon which any nuisance may be found is unknown or cannot be found, the Zoning Administrator or Official shall proceed to abate the nuisance without notice. In either case the expenses of such abatement shall be collected from the person who may have created, caused or suffered such nuisance to exist.

SECTION 2106 - Right of Appeal.

The owner or any person affected shall have the right of appeal to the Beadle County Commission for investigation and review of the Zoning Administrator's or Official's determination. Such appeal shall be in writing, shall state the objection of the person filing the same, shall be filed with the Zoning Administrator within ten (10) days after the date of posting, publishing, serving, or mailing of the Notification, and shall be presented to the Beadle County Commission by the Zoning Administrator who shall proceed in accordance with the Abatement Notice, or as modified by the Commission; or not at all, and its decision thereon shall be final and conclusive.

SECTION 2107 - Failure to Abate.

In the event a person fails to abate such nuisance the Zoning Administrator or Official shall prepare a statement of the expenses incurred in the razing, demolishing, removing, reconstruction, or other affirmative act necessary to abate the unlawful condition occurred.

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SECTION 2108 - Abatement by State Law.

In addition to the method of abatement of nuisances provided in this article, the County may abate any nuisance found within the County in the manner provided by State Law, Title 21 Chapter 10.

SECTION 2109 - Penalty and Remedy.

Any person who maintains, commits, or fails to abate a public nuisance as required under the provisions of this article shall be subject to a maximum penalty of thirty (30) days in jail, or a five hundred dollar ($500) fine, or both.

In addition, the County may use the remedies of a civil action and abatement as set forth in SDCL 21-10-5 through SDCL 21-10-9.

SECTION 2110 - Snow Removal.

Snow Removal from Private Property. No person or persons shall remove snow from private property, drive-ways, or field entrances and deposit, push, or dump the same on any Beadle County Highway or public right-of-way or on shoulders of the highways. Violation of this provision is a Class II Misdemeanor.

Violators of this ordinance shall be responsible for the removal of the snow. If Beadle County is required to move the snow it will be a minimum of $100.00. The cost and expenses of these protective operations will be billed to the individual responsible. If these costs and expenses are not paid to the Beadle County Treasurer by October 1st of the incurring year, the sum will be extended onto the tax list against the landowner of the described property.

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ARTICLE 21A

DRAINAGE ORDINANCE

SECTION 21A-01 – Purpose.

This Ordinance is promulgated under specific statutory authority of Chapter 46A-10A of the South Dakota Codified Laws. It is the intent of this ordinance to monitor by regulation, the drainage activity or obstruction of drainage within Beadle County and to provide an impartial forum for the resolution of landowner drainage disputes.

The permit requirements of this ordinance are prospective in nature and are intended to facilitate communication prior to the construction or installation of drainage works. This Ordinance shall only be applicable and enforced in the unincorporated areas of Beadle County, South Dakota.

Determination or awarding damages associated with permitted drainage works is outside the scope of this Ordinance. Any permit to drain issued under this Ordinance constitutes permission to drain with respect to this Ordinance only. Any other State or Federal Conservation or water rights program or requirements must be met in addition to the requirements of this Ordinance.

SECTION 21A-02 – Definitions.

For the purpose of this Ordinance, certain terms and words are hereby defined unless the context otherwise requires. The word shall is mandatory and not discretionary. Terms defined in SDCL 46A-10A-1 shall have the same meaning when used in this Ordinance.

1. Board – a board of county commissioners, as established in chapter 7-8;

2. Closed drain or blind drain - a man-made drain or drainage scheme utilizing pipes, tiles, or other materials and constructed in such a way that flow of water is not visible;

3. Coordinated drainage area - a defined geographic area containing one or more parcels of real property and established under the provisions of this chapter and chapter 46A-11 by a board or commission to provide a planned network or method of natural or man-made drainage, or both, to benefit all parcels of real property involved;

4. Dominant estate - any parcel of real property, usually at a higher elevation, which holds a common law or statutory legal right to drain water onto other real property;

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5. Drainage map - any map adopted by resolution of the board that delineates the extent of county drainage, a drainage project, or a coordinated drainage area;

6. Drainage plan - a document which may illustrate by maps, charts, and other descriptive matter the policies of the board to interrelate all man-made and natural systems and activities relating to drainage under its jurisdiction;

7. Drainage scheme - a plan or system by which water is drained from one or more parcels of real property onto one or more parcels of real property;

8. Engineer - a professional, registered engineer;

9. Established water course - a fixed and determinate route, either natural or man-made, by which water has flowed from one parcel of real property to another and by which water has been discharged upon a servient estate for a period of time, on such a regular basis and in such quantities as to make it a predictable continuous activity;

10. Governing body – a board of county commissioners, a city council, or a city commission;

11. Intermittent Stream – a stream that only flows for part of the year and is marked on topographic maps with a line of blue dashes and dots. Also called seasonal stream;

12. Landowner or owner - any individual, firm, or corporation, public or private, or public agency, who has legal title to real property as shown by the records of the register of deeds of the county in which the real property is situated. If the real property is sold under a contract for deed and the contract is of record in the office of the register of deeds for the respective county, both the recorded owner of the real property and the purchaser as named in the contract for deed are deemed owners of the real property;

13. Legal drain - a drain or drainage scheme that:

A. Is vested under the provisions of this chapter and chapter 46A-11;

B. Has been constructed by a person or by a unit of government under the provisions of past or present law; or

C. Has been granted a drainage permit, if a permit is necessary under the provisions of this chapter and chapter 46A-11;

14. Municipality – a city or town, however organized, as defined in § 9-1-1;

15. Natural drain - a drainage system which operates as part of a natural water course, as defined in subdivision (15) of this section;

16. Natural water course - a fixed and determinate route by which water naturally flows from one parcel of real property to another due to the conformation of the land and by

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which water is discharged upon the land receiving the water. It is not necessary that the force of the flow of water be sufficient to form a channel having a well-defined bed or banks;

17. Official control - any ordinance, order, regulation, map, or procedure adopted by a board to regulate drainage;

18. Ordinance - any ordinance, as defined in subdivision 7-18A-1(2), adopted by a board to regulate drainage of both rural and urban areas to provide coordination of drainage projects, individual drainage efforts and drainage areas and to foster conformity with any county drainage plan;

19. Perennial Stream – a stream which flows continuously all year and is marked on topography maps by solid blue line;

20. Private drain - a drainage system or scheme designed, constructed, and maintained by a person primarily for his own benefit or a natural drain, whether or not actively maintained, that provides a benefit primarily to one person;

21. Rural or rural area - any territory outside a municipality as defined in § 9-1-1;

22. Servient estate - any parcel of real property, usually at a lower elevation, which is subject to a legal right allowing a dominant estate to drain water onto it;

23. Unit of local government - a municipality as defined in § 9-1-1, an irrigation district as defined in chapter 46A-4, a school district as defined in § 13-5-1, a water project district as defined in chapter 46A-18, a water user district as defined in § 46A-9-2, a township as defined in chapter 8-1, a sanitary district as defined in chapter 34A-5, a conservation district as defined in chapter 38-8 or other special district;

24. Vested right - a right of water drainage from one parcel of property to another which is settled or accrued to the property on the basis of state law;

25. Water management board - the state board created in § 1-40-15; and,

26. Wetland – has a predominance of hydric soils and is inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

SECTION 21A-03 – Administration and Enforcement.

An administrative official, who shall be known as the Drainage Administrator and who shall be designated by the Board of County Commissioners, shall administer the Drainage Ordinance of Beadle County. The Drainage Administrator may be provided with the assistance of such other persons as the Board of County Commissioners may decide.

If the Drainage Administrator shall find that any of the provisions of the Drainage Ordinance of Beadle County, South Dakota are being violated, the Drainage Administrator shall

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inform the Board of County Commissioners. The person(s) responsible for such violations will subsequently be notified in writing, indicating the nature of the violation and indicating any action necessary to correct it.

SECTION 21A-04 – Drainage Commission Established.

The Beadle County Drainage Commission is hereby established and designated as the Beadle County Drainage Board in accordance with SDCL 46A-10A-34. The Beadle County Drainage Board is hereby designated to be the Board of County Commissioners. The Beadle County Drainage Board shall adopt rules necessary for the conduct of its affairs and in keeping with the drainage ordinance of Beadle County, South Dakota. The Beadle County Drainage Board shall retain a record of all proceedings and shall meet a minimum of once every six months. All meetings shall be open to the public. A notice of each meeting shall be published in the newspaper in general circulation. The Beadle County Drainage Board shall maintain minutes of its proceedings showing the vote of each member upon each question, or if absent or failure to vote, indicating such actions, all of which shall be of public record and filed with the Drainage Administrator. A majority attendance of the full membership is required to have a quorum and a majority vote of the quorum is required to decide in favor of any application or other matter before the Board. Any Beadle County Drainage Board member with a personal conflict of interest concerning any drainage dispute or permit application must abstain from voting on the decision of such a dispute or permit. Disputes, because of the placement, replacement, or modification of township road culverts or township roads, shall not be heard by the Beadle County Drainage Board and said disputes shall be taken directly to Circuit Court.

SECTION 21A-05 – Permit Required.

It shall be unlawful to commence the excavation for or begin the construction or installation of drainage works until a permit has been issued by the Drainage Administrator or the Beadle County Drainage Board. The following work shall require a permit:

1. A permit is required before any individual or landowner may construct any type of drain (tiling, ditching, or waterway and associated appurtenances) for the purpose of draining water from a natural wetland or any artificially impounded water, or any series or combination thereof, having any possible or potentially substantial effect on the property of adjacent landowners, the environment, or the public as a whole.

2. A permit is required before any individual or landowner may drain by pumping any natural wetland or artificially impounded water, or any series or combination thereof having any possible or potentially substantial effect on the property of adjacent landowners, the environment, or the public as a whole.

3. A permit is required for a drainage project constructed pursuant to South Dakota Drainage Law Chapters 46A-10A and 46A-11.

4. A permit is required before any individual or landowner may modify or obstruct the drainage of any legal or natural drain (see definitions). Modification includes, but is not limited to, deepening, widening, obstruction, rerouting, or the extension of a drain. Obstruction includes, but is not limited to, man-made crossings.

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5. A permit is required before any individual or landowner may fill any natural wetland, having any possible or potentially substantial effect on the property of adjacent landowners, the environment, or the public as a whole, for the purpose of causing the drainage of the wetland by elimination of the existing storage.

6. A permit is required for the process of pumping, the construction, modification, repair or improvement of any drainage work, or ditch, that results in water flowing into or across adjacent landowners and any public road right-of-way.

SECTION 21A-06 – Expiration of Drainage Permit.

If the work described in any drainage permit has not commenced within two (2) years from the date of issuance thereof, said permit shall expire. Applicant may request (in writing) an extension from the Drainage Administrator. The Drainage Administrator may grant a one-time extension of one (1) year for a drainage permit. If work has not commenced at the end of the extension, a new application will be required.

SECTION 21A-07 – Exceptions to Permits Required.

The provisions of 21A-05 shall not apply to any drain constructed or to be constructed under the direct and comprehensive supervision of the Army Corps of Engineers or the Bureau of Reclamation. Individuals shall notify the Drainage Administrator or the Beadle County Drainage Board of any exempt project being undertaken.

SECTION 21A-08 – Filing Application.

Any individual or landowner desiring a drainage permit shall complete and file an application with the Drainage Administrator on a form approved by the Beadle County Drainage Board. The applicant shall provide a detailed site plan showing the location of the proposed construction. The site plan shall include a description of the type and size of the drain, and the location of the proposed outlet. It is recommended that, if available, a wetland determination from Natural Resources Conservation Service must be included with the application. If the application is incomplete, or if the information contained therein is insufficient to enable the Drainage Administrator or the Beadle County Drainage Board to make an informed decision on the application, the application will be returned to the applicant for completion. A non-refundable fee shall be charged for the filing of drainage permit applications when the applicant has obtained the written approval of all landowners within 1½ miles downstream from the drain outlet and within a ¼ mile buffer from the center of the drain to each side. A hearing will be required unless all required signatures from landowners as specified in the previous statement are included with the application. The non-refundable fee for a permit application requiring a hearing shall be charged. The application fee shall be interpreted to apply to each individual landowner where more than one landowner signs a single drainage permit application.

The Drainage Administrator or the Beadle County Drainage Board may request that the applicant provide a detailed survey prepared by a professional engineer or surveyor. The applicant, if requested, shall provide an engineering analysis showing the downstream impacts of the proposed drainage. The analysis may include, but not be limited to, a determination of the

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capacity of the drain and the receiving watercourse and a comparison of volume and timing of pre-drainage and post-drainage flows.

The permit for a drainage project constructed pursuant to SDCL Chapters 46A-10A and 46A-11 may encompass the entire assessed or benefited area. In order for a permit to encompass the entire assessed or benefited area, the project must be designed to accommodate the drainage of the entire assessed area and must be so stated in the application.

SECTION 21A-09 – As Installed Map Required.

The contractor, installer, or landowner shall provide to the Drainage Administrator, the GPS data for installed tile in decimal degrees or degrees-minutes-seconds. Contractors or installers without GPS capabilities shall provide an as-installed map for the tile. This information shall be provided not more than 180 days from final date of installation.

SECTION 21A-10 – Administrative Approval of Drainage Permit Applications.

The Drainage Administrator shall have the authority to grant or deny a drainage permit for the following projects. All other drainage permit applications shall be addressed by the Beadle County Drainage Board.

1. A proposed drainage project which outlets directly into Cain Creek, Foster Creek, James River, Pearl Creek (tributary to Cain Creek), Pearl Creek, Middle Pearl Creek, South Fork Pearl Creek, Sand Creek, Shue Creek, Silver Creek, Stony Run (tributary to Stony Run Lake), Stony Run (tributary to James River), or Turtle Creek, as delineated on the most recently published USGS 7.5 –minute topographic maps.

2. A proposed drainage project which outlets directly into a perennial stream or an intermittent stream not listed in subsection (1), provided that the intermittent stream is connected to a named stream as defined by the most recently published USGS 7.5 –minute topographic map. Furthermore, all downstream landowners for at least 1 ½ mile below the proposed outlet have signed the permit application indicating that they do not oppose the proposed drainage project.

3. A proposed drainage project that does not outlet into a perennial or intermittent stream, provided the applicant has obtained the written approval of all landowners within 1½ mile downstream from the drain outlet and within a ¼ mile buffer from the center of the drain to each side.

4. Routine Maintenance.

The Drainage Administrator shall have the authority to require waivers from other landowners if the potential impact of the proposed drainage extends a distance greater that 1 ½ mile.

SECTION 21A-11 – Hearings Required.

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A hearing is required for applications involving a Drainage Project outlined in 21A–05, #3 of this Ordinance and all applications of statewide or inter-county significance.

A hearing is also required to decide on drainage complaints and disputes between landowners. A hearing and Beadle County Drainage Board approval is necessary for permit applications that cannot be approved by the Drainage Administrator because the applicant has failed to obtain the consensus of all affected persons or entities.

Any decision made by the Beadle County Drainage Board in order to settle a drainage dispute between landowners may be appealed to the Circuit Court.

The Beadle County Drainage Board may hold hearings on other such applications at its discretion. The purpose of a hearing is to establish a record on which to make a decision as to whether the application to drain shall be granted, and if so, under what conditions, if any.

SECTION 21A-12 – Emergency Drainage.

The requirements for a permit, hearings and notice thereon may be waived by a unanimous vote of the quorum of the Beadle County Drainage Board in order to facilitate emergency drainage. However, a permit shall be obtained and all hearings shall be conducted at the earliest opportunity if the drainage so created is to be permanent.

SECTION 21A-13 – Notice of Hearing, Content.

For all drainage permit hearings required pursuant to this ordinance, the Beadle County Drainage Board shall, at the applicant’s expense, publish notice in a newspaper in general circulation in the area of the proposed drainage, once a week for two (2) consecutive weeks. The final notice shall be published not more than thirty (30) days, nor less than one (1) day before the date set for the hearing. The Beadle County Drainage Board shall also give, at the applicants expense, notice by first class mail not more than thirty (30) days, nor less than ten (10) days from the date set for the hearing to:

1. All downstream landowners of within 1½ mile downstream from the drain outlet and within a ¼ mile buffer from the center of the drain to each side when draining into natural waterway; private drainage into a depression or low area with no natural outlet requires signatures from landowners within a ½ mile buffer area from the center of the area receiving the water.

2. Any county that would be affected by the water to be drained.

3. The state highway department, county highway department, municipal government, water district, and township board of supervisors for any proposed drainage that will affect the right-of-way of any highway or roadway.

4. Any person who has notified the Beadle County Drainage Board in writing of the person's objection to the drainage project proposed, and who has requested in writing notification of such hearing on the drainage project proposed.

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The notice shall give the name and address of the applicant, the legal description of the land to be drained, the date, the time, and the location where the hearing will take place. Evidence that notice has been completed by the filing of a certificate setting forth the names and addresses of those receiving notice by mail shall be kept.

SECTION 21A-14 – Time for Determination.

Within thirty (30) days after a hearing required pursuant to this Ordinance, or at the earliest opportunity, the Beadle County Drainage Board shall make a determination on the application. For complex or unique applications, this time limit may be extended by the Beadle County Drainage Board. Following the determination, the Beadle County Drainage Board shall notify by mail the applicant and all individuals or landowners making appearances with respect to the application, of the determination. This notice must be accompanied by the basis on which the determination was made.

SECTION 21A-15 – Applications of Statewide or Inter-County Significance.

In determining whether the proposed drainage is of statewide or inter-county significance, the Drainage Administrator or the Beadle County Drainage Board shall be guided by the following criteria:

1. Drainage which affects property owned by the United States, the state of South Dakota, or any of their political subdivisions.

2. Drainage of natural wetlands having recognized fish and wildlife values.

3. Drainage that would have a substantial effect on another county.

For good cause, the Beadle County Drainage Board or its designated official may classify any proposed drainage as having statewide or inter-county significance. Upon receipt of an application of statewide or inter-county significance, the Beadle County Drainage Board shall set the date, time, and place for a public hearing on the application. Notice shall be given pursuant to 21A-13 of this Ordinance and, additionally, the South Dakota Department of Environment and Natural Resources shall be notified.

SECTION 21A-16 – Referral of Applications.

Upon receipt of an application of statewide or inter-county significance, the Beadle County Drainage Board shall attach to the application any comments, recommendations, and engineering data which may assist the appropriate county or counties. If the appropriate county or counties do not have a permit system, the Beadle County Drainage Board will consult with such county(ies) and reach a joint agreement under SDCL 46A-10A-9 to 46A-10A-10, if appropriate. The Beadle County or Drainage Board of each county affected by a proposed drainage or inter-county significance shall make a determination whether the permit should be granted. Approval by all counties involved is required for permit approval. If no agreement is reached between counties, the Beadle County Drainage Board may petition to have the state Water Management Board resolve the dispute pursuant to SDCL 46A-10A-9.1.

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SECTION 21A-17 – Considerations.

In evaluating a drainage permit application, the Drainage Board shall consider the project's impact on the following:

1. Flood hazards, floodplain concerns;

2. Erosion potential or reduction;

3. Water supply quality and quantity;

4. Agricultural concerns;

5. Conservation concerns;

6. General environmental concerns;

7. Aesthetics;

8. Potential adverse effects on adjacent landowners; and

9. Any other factors deemed important.

In accordance with SDCL 46A-10A-20, any rural land that drains onto other rural land has a right to continue that drainage if:

1. The land receiving the drainage remains rural in character;

2. The land being drained is used in a reasonable manner;

3. The drainage creates no unreasonable hardship or injury to the owner of the land receiving the drainage;

4. The drainage is natural and occurs by means of a natural watercourse or established watercourse;

5. The owner of the land being drained does not substantially alter on a permanent basis the course of flow, the amount of flow, or the time of flow from that which would occur; and

6. No other feasible alternative drainage system is available that will produce less harm without substantially greater cost to the owner of the land being drained.

SECTION 21A-18 – Board Action.

All permits acted upon by the Beadle County Drainage Board, unless appealed shall be recorded within two (2) weeks of the action with the County Register of Deeds at the applicant's expense. The Beadle County Drainage Board or its designated official shall have the following options available with respect to the disposition of the permit application.

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1. Approve the application;

2. Conditionally approve the application;

3. Deny the application; and

4. Defer the application.

The Beadle County Drainage Board may require as a condition to the approval of any drainage permit application a post construction survey of the permitted drain. Any permit to which the Beadle County Drainage Board has attached such a condition will be perfected upon receipt and favorable review of the survey. The Beadle County Drainage Board may attach conditions to an approved permit application deemed necessary by the Drainage Board according to the circumstances of each application.

Violation of the conditions of a permit is a Class 2 misdemeanor.

Members of the Beadle County Drainage Board are the Beadle County Commissioners; therefore, all appeals shall be filed within 30 days of notice to Circuit Court.

SECTION 21A-19 – Notification of the Natural Resources Conservation Service.

The Drainage Administrator shall provide a copy of all permit applications to USDA Natural Resources Conservation Service.

SECTION 21A-20 – Penalty for Failure to Secure Permit for Drainage Work.

Any individual or landowner or his contractor draining water without a permit or a recorded vested right as required under the provisions of this Ordinance and SDCL 46A-10A may be subject to a Class 1 Misdemeanor. Further, the court may assess a civil penalty of one thousand ($1000) dollars per day for each day of violation.

SECTION 21A-21 – Drainage Complaints and Disputes.

Any party wishing to raise a question of a violation of this Drainage Ordinance shall file with the Drainage Administrator a statement in accordance with 21A-22. The Drainage Administrator shall promptly investigate the complaint and if it is substantiated, notice shall be issued to the party in violation of this Ordinance advising them of the violation. The notice shall advise the party in violation of the corrective action necessary and of the party's right to have a hearing before the Beadle County Drainage Board to contest the notice of violation. If a hearing is needed, notice shall be given in accordance with 21A-13, and shall be conducted pursuant to 21A-22 through 21A-26, both inclusive.

SECTION 21A-22 – Contents of Notice in Contested Cases.

The notice shall include:

1. A statement of the time, place, and nature of the hearing;

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2. A statement of the legal authority and jurisdiction under which the hearing is to be held;

3. A reference to the particular sections of the statutes and rules involved;

4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished;

5. A statement of any action authorized by law, which may affect the parties, as a result of any decision made at the hearing, whether it be the revocation of a license, the assessment of a fine or other effect;

6. A statement that the hearing is an adversary proceeding and that a party has the right at the hearing, to be present, to be represented by a lawyer, and that these and other due process rights will be forfeited if they are not exercised at the hearing;

7. A statement that the decision based on the hearing may be appealed to the Circuit Court and the state Supreme Court as provided by law.

SECTION 21A-23 – Rights of Parties at Hearings on Contested Cases.

Opportunity shall be afforded all parties to respond and present evidence on issued of fact and argument on issues of law or policy. A party to a contested case proceeding may appear in person or by counsel, or both, may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may present evidence in support of his interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence in his behalf.

SECTION 21A-24 – Rules of Evidence in Contested Cases.

In contested cases:

1. Irrelevant, incompetent, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied under statutory provisions and in the trial of civil cases in the circuit courts of this state, or as may be provided in statutes relating to the specific agency, shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not otherwise admissible there-under may be admitted except where precluded by statute if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidence may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

2. A party may conduct cross-examinations required for a full and true disclosure of the facts;

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3. Notice may be taken of judicially cognizant facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the agency.

SECTION 21A-25 – Transcript in Contested Cases – Minutes in Lieu of Transcript.

Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record of all proceedings and testimony shall be kept by the agency, at the applicant’s expense. Unless otherwise provided by law the agency shall not be required to transcribe the record unless the requesting party tenders and pays the reasonable cost thereof. If transcribed, a copy of the record shall be furnished to any other party to the hearing at the request and expense of such other party. If no verbatim record is transcribed, the agency shall prepare minutes of the hearing. The minutes shall consist of a written summary of the evidence and proceedings.

SECTION 21A-26 – Experts.

In contested cases, it shall be the responsibility of the litigants to supply expert opinion when necessary to record their respective burden of proof. The Beadle County Drainage Board may also appoint a special master, who's finding and recommendations may or may not be adopted by the Board; and may also appoint an attorney to act as a hearing officer to preside over the hearing; and, may assess the costs of both against the litigants.

SECTION 21A-27 – Compliance with Laws or Regulations not Affected by Permit Approval.

A permit approval under the provisions of this Ordinance shall in no way remove any responsibility on the part of any landowner, tenant or contractor to comply with all applicable local, State, or Federal laws or regulations.

SECTION 21A-28 – Disclaimer of Liability.

The application of this Ordinance shall not create liability on the part of Beadle County, or any officer or employee thereof.

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ARTICLE 22

MAINTENANCE AND SANITATION OFPREMISES AND BUILDINGS

SECTION 2201 - Maintenance of Premises and Buildings.

It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any building or premises in the 3-mile or LFR area to keep or maintain such buildings or premises in a manner which is at variance with and inferior to the level or maintenance of surrounding properties. The following condition or conditions constitute such a variance and are hereby declared a public nuisance:

1. Buildings which are abandoned, boarded up, partially destroyed, or partially constructed and uncompleted subsequent to the expiration of a building permit.

2. Buildings with deteriorating or peeling paint that allow the exterior building covering to deteriorate or to permit the effects of sun and water penetration so as to encourage decay, dry rot, warping, and cracking.

3. Buildings with broken windows, doors, attic vents, and under floor vents.

4. Overgrown vegetation (i.e. weeds over 12 inches in height) which is unsightly and/or likely to harbor rats or vermin.

5. Dead, decayed, or diseased trees, weeds, and other vegetation,

6. Trash, garbage, or refuse cans, binds, boxes, bags, or other such containers permanently stored in front yards visible from public streets/roads.

7. Lumber, junk, trash, tires, debris, or salvage materials maintained upon any premises which are visible from a public street/road, alley, or adjoining premises.

8. Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at ground level from a public alley, street, or adjoining premises.

9. Premises having a topography geology, or configuration which as a result of grading operations or improvements to the land causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems to pose a threat to or be injurious to adjacent premises.

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10. Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and other motor vehicles which are accumulated or stored in yard areas.

11. Building exteriors, walls, fences, driveways, or walkways which are cracked, broken, defective, or deteriorated, in disrepair, or defaced.

12. Any like and similar condition or conditions.

Section 2202 - Sanitation of Premises and Buildings.

It shall be unlawful to permit by act or omission the following specific acts, conditions, and things which are hereby also declared to be public nuisances.

1. Failing, refusing, or neglecting to keep the thoroughfare or sidewalk in front of a residence, business, or premises in a clean and safe condition.

2. Maintaining upon such premises any slightly, partly improvement in the 3-Mile or LFR area which may endanger or injure neighboring properties or public safety, or general welfare.

3. Maintaining upon such premises or upon the sidewalk abutting or adjoining such lot, parcel, tract, Or piece of land, loose earth, mound of soil, fill material, asphalt, concrete, rubble, or waste material or any kind (all such materials shall hereinafter be referred to as "waste materials"), except for waste materials used for construction or landscaping upon premises in which case it shall be the duty of the owner, lessee, occupant, or persons in possession of premises wherein the waste materials exist, or maintain remove waste materials after construction is completed, or in any event, within eight (8) months from time of placement of waste materials upon premises.

For sites where filling, grading, or excavation activities have or will span more than one (1) year, it shall be the duty of the owner, lessee occupant, or person in possession of said premises to level or remove the waste materials from said premises at least once a year during the months of either June, July, or August for the purpose of maintaining weed and rodent control.

Section 2203 – Enforcement.

The Building Official (as defined in Section 2102) is hereby authorized and directed to administer and enforce all of the provisions of this article.

Section 2204 - Right of Entry.

Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the Building Official (as defined in Section 2102), or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which is prohibited under this article, Building Official (as defined in Section 2102) or

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an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by this article, If such building or premises is occupied, he shall first make a reasonable effort to locate the owner of the building or premises and demand entry. If such entry is refused, the Zoning Administrator or Building Official or an authorized representative shall have recourse of every remedy provided by law to secure entry.

No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand made as herein provided, to properly permit entry therein for purpose of inspection and examination pursuant to this article.

Section 2205 - Issuance of Notice to Abate.

Whenever notification is given that any condition or conditions prohibited in this chapter exist on any premises located within the 3-mile or LFR area, the Building Official or an authorized representative shall give cause to be given, notice to abate the unlawful condition or conditions existing on the premises. Such notice shall be in writing to the person creating, permitting, or maintaining such nuisance to abate the same within a reasonable time as provided in such notice as follows:

1. If the Building Official has determined that the building or structure must be repaired, the order shall mandate that all required permits be secured therefore and the work physically commenced within such time not to exceed sixty (60) days from the date of the order and completed within such time as determined to be reasonable under all of the circumstances.

2. If the Building Official (as defined in Sec. 2102) has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined to be reasonable.

3. If the Building Official (as defined in Sec. 2102) has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official (as defined in Sec. 2102) shall determine reasonable (not to exceed sixty (60) days from the date of the order). The order shall also require that all necessary permits be secured therefore within the sixty (60) days from the date of the order, and that the demolition be completed within such time as shall be determined to be reasonable.

Section 2206 - Owner Unknown - Notice Waived.

Whenever the owner, occupant, or agent of any premises in or upon which any nuisance may be found is unknown or cannot be found, the Building Official (as defined in Sec. 2102) shall proceed to abate the nuisance without notice. In either case the expenses of such abatement shall be collected from the person who may have created, caused or suffered such nuisance to exist.

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Section 2207 - Right of Appeal.

The owner or any person affected shall have the right of appeal to the Beadle County Commission for investigation and review of the Building Official's (as defined in Sec. 2102) determination. Such appeal shall be in writing, shall state the objection of the person filing the same, shall be filed with the Zoning Administrator within ten (10) days after the date of posting, publishing, serving, or mailing of the Notice to Abate, and shall be presented to the Beadle County Commission by the Zoning Administrator who shall proceed in accordance with the Abatement Notice, or-as modified by the Commission; or not at all, and its decision thereon shall be final and conclusive.

Section 2208 - Failure to Abate.

In the event a person shall fail to abate any nuisance created, permitted, or maintained by him following written notice to him to do so, the Building Official shall cause such nuisance to be abated.

The Building Official shall prepare a statement of the expense incurred in the razing, demolishing, removing, reconstruction, or other affirmative act necessary to abate the unlawful condition occurred. With regard to the premises or each piece of property therein referred to, the statement shall show the number of the lot and block and the name of the addition or subdivision in which lies or upon which the structures, improvements, or buildings were located at the time that the actions to abate the unlawful conditions were taken or shall describe such premises in any other way that they may be easily identified.

Section 2209 - Abatement by State Law.

In addition to the method of abatement of nuisances provided in this article, the County may abate any nuisance found within the County in the manner provided by State law.

Section 2210 - Notice of Assessment of Abatement Expenses Incurred.

Within ten (10) days after the filing of the statement referred to in Section 2208 of this article, the Zoning Administrator shall cause to be served upon the owner, agent of the owner, lessee, occupant, or person in possession of the parcel of land described in the statement and a notice either personally, by certified mail, to the last known address, or delivered to general delivery.

Section 2211 - Appeal of Abatement Expenses.

The owner or any person affected shall have the right to appeal to the Beadle County Commission concerning the proposed assessment of abatement expenses. Such appeal shall be in writing, shall state the objections of the person filing the same, and shall be filed with the Zoning Administrator within ten (10) days after the notice. Said objections shall be presented to the Beadle County Commission by the Zoning Administrator at their next regular meeting. The

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County shall determine by resolution the assessment and shall proceed to recoup these expenses incurred.

Section 2212 - Recovery of Expenses.

The County may recover the expenses incurred by the Building Official in abating any nuisance under the provisions of this article from the person creating, permitting, or maintaining the same in a civil suit instituted for such purpose.

SECTION 2213 - Penalty and Remedy.

Any person who maintains, commits, or fails to abate a public nuisance as required under the provisions of this article shall be subject to a maximum penalty of thirty (30) days in jail, or a five hundred dollar ($500) fine, or both.

In addition, the County may use the remedies of a civil action and abatement as set forth in SDCL 21-10-5 through SDCL 21-10-9.

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ARTICLE 23

LANDSCAPING

SECTION 2301 – Introduction.

An Ordinance establishing standards for improved commercial property within the three (3) mile joint jurisdictional area and the City of Huron, South Dakota.

SECTION 2302 – Purpose and Application.

It is the desire of the City of Huron and Beadle County to encourage development that enhances the environmental and aesthetic conditions that contributes to the quality of life in and around the City of Huron. To achieve this, a minimum standard for a landscaped setback and landscape features is prescribed to lessen the adverse effects common to commercial and industrial property.

This ordinance shall apply to all industrial zoned (I-1 and I-2) property improved with new construction and/or major renovation within the three mile joint jurisdictional area and in the City of Huron.

1. This ordinance shall apply to all commercial and/or industrial use property in the AG zone.

2. This ordinance shall apply to all commercial zoned (B-l and B-3) property improved with new construction and/or major renovation on or abutting SD Highway 37, SD Highway 14, Old Hwy 14, 21st Street and Lincoln Avenue within the three-mile joint jurisdictional area and in the City of Huron.

The provisions of this ordinance shall not apply retroactively and the ordinance shall not apply to any building permit issued prior to the effective date hereof.

SECTION 2303 – Landscape Plan Required.

In every case where landscaping is required, the applicant for a building permit shall submit a landscape plan prepared in accordance with the provisions of this section. The landscape plan shall include the following:

1. Name and address of developer/owner.

2. Landscape Proposal - Scaled drawing of site based upon survey of property lines showing streets, easements, existing and proposed parking and proposed landscaping outline showing details of planting beds, foundation plantings, sodded and seeded

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areas, screening, location and identification of trees, and location of landscape islands with identification of plant material used. This Landscape Proposal can be included as part of the building plot plan that is submitted to the Building Inspection Department.

3. Planting Schedule - a table available through the Parks and Recreation Department containing common and botanical names, size, root specifications, and proposed planting dates.

SECTION 2304 – Regulations and Standards.

1. Artificial plantings are not acceptable under this ordinance and no landscaping requirement of this ordinance may be satisfied through the use of artificial planting.

2. Required landscaping of front yard setbacks: A minimum width of 10' of the required front yard setback shall be maintained in living ground cover excluding necessary hard surfacing of driveways to reach allowed or required off-street parking areas.

3. Trees: In consideration of the benefits provided from the use of trees in reducing heat and pollution, the following standards regarding trees shall be met and maintained :

A. Total number of trees required: One tree per 50' of frontage or one tree per six (6) parking, loading and stacking spaces provided on site, whichever is greater.

B. Placement according to type and percentage allowed: Deciduous shade tree - may be utilized for interior trees or right-of-way planting. No more than 50% of the total tree requirements may be planted in the right-of-way boulevard area.

C. Deciduous ornamental and evergreen trees - up to 25% of the required trees may be deciduous ornamental, evergreen or coniferous trees; however, such trees shall not be planted in a driveway or intersection nor utilized for parking lot interior trees or street right-of-way plantings.

D. Interior tree requirements for parking areas exceeding 50 spaces: One tree per twenty-five (25) interior parking spaces, equally spaced, in planting islands within hard surfaced parking areas. Islands within hard surface parking areas shall be minimum of 6' wide and contain a minimum of 36 square feet per tree with raised curbs or wheel stops.

E. Existing trees: The preservation of existing trees on any site will be credited to the landscape requirements if they meet the minimum size requirements and are properly located to satisfy the standards of this ordinance.

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F. Trees will be planted in areas at least 6' x 6'. Only trees specified on a case by case basis by the Park and Recreation Department may be planted in smaller or narrower areas.

4. Parking Lot Buffer Areas: A setback area of at least 5' shall be provided between the parking surface and property line where a parking lot abuts adjoining residential property; provided however that where a screen, fence or wall is provided, the minimum required setback shall be reduced to three feet.

5. Parking Lot Screening: Where a parking lot of property subject to this ordinance is adjacent to residential property, including where the residential property is across an alley right of way from the parking lot, a fence, wall, berm, or shrubbery four feet in height and of a character which will provide for adequate screening of a parking lot from adjacent residential property shall be provided.

Berms or other landscaping techniques may be used for all or part of the parking lot screening requirements and may be incorporated into a required setback area. In any landscaping application berms shall have a maximum grade of three feet horizontal to one foot vertical and shall be sodded or planted with other acceptable living ground cover.

6. All landscaped areas shall be sod, seeded or other approved living ground cover only. Non-living ground cover may be provided only on the site as a base around trees or shrubs only, and in no case will it be allowed to exceed ten percent of the landscape area provided behind the right-of-way line.

7. Screening Dumpsters: All outside dumpsters or other garbage receptacles on the site shall be screened from the street by an opaque fence or wall.

8. Installation Requirements: Trees shall be located no closer than three feet to any curb and all landscape materials required by this section shall be installed in accordance with accepted industry standards. Minimum planting sizes of hedges and ground cover evergreens to meet the requirements of this ordinance are as follows :

A. Hedges: If hedges are utilized for the required screening of the parking lot, plantings shall be a minimum of 18 inches above ground height when planted and of a species that is normally capable of reaching a height of four feet within three years. Spacing shall be 18 to 36 inches apart, depending upon species, as the hedge must also be capable of providing a substantially full expanse of foliage within this three year period.

B. Ground cover evergreens: If ground cover evergreens are utilized in areas required to be maintained in living ground cover, plantings shall cover a minimum area of 12 inches in diameter when planted and spaced no more than four feet on center.

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9. Maintenance: The use of in-ground sprinkler systems is encouraged, and at a minimum, water services shall be conveniently located to provide a permanent and easily accessible means of watering. The property owner/general contractor is encouraged to protect the proposed landscape areas from debris. Property owners shall be ultimately responsible for the proper soil conditions and maintenance of all required landscape materials and any dead or substantially damaged landscape materials shall be replaced.

If the owner, his manager or agent fails to so maintain said trees or shrubs on required landscaped areas, the City after fifteen days of written notice to maintain or replace said trees or shrubs on required landscaping shall have the authority to have such maintenance and/or replacement done and charge the costs of the same to the property owner for collection. If the cost of such work is not paid within five days after demand is made therefore upon such owner or his manager or agent, it shall become a lien on such land the same as, and enforceable to the extent provided for special assessments.

10. Right-of-way Landscaping: The unpaved portion of a dedicated public right-of-way abutting any development shall be landscaped with grass, or other living ground cover approved by the Director of Parks and Recreation or an authorized representative. Nonliving ground cover, including, but not limited to, rock, stone, brick, concrete, blacktop, or other like materials shall not be used as landscape materials except as provided herein.

In the City of Huron, the Director of Parks and Recreation or an authorized representative may authorize the use of nonliving ground cover for landscaping a public right-of-way when it is determined that the location will not allow for adequate maintenance of sod or other living ground cover. This exception shall not include the use of loose rock or blacktop as landscaping material.

11. Certificate of Occupancy: Unless provided otherwise by this article, a certificate of occupancy will not be issued unless such landscaping requirements are installed. 'The requirement may be deferred by the concurrence of the Park and Recreation Department head (or authorized representative) and the Planning and Inspections Department representative by the issuance of a temporary certificate of occupancy until the next normal planting season under the following conditions:

A. Weather conditions are such that planting cannot be conducted during the normal planting seasons of April 1 to June 15 and October 1 to November 15; and

B. Availability of approved landscape material in the area.

Should a final certificate of occupancy not be issued due to not complying with any provisions of the article the City may refuse to supply the owner or occupant with city services or utilities.

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SECTION 2305 – Enforcement.

The enforcement of this ordinance within the City of Huron shall be the responsibility of the Planning and Inspection Department, under the authority of the Huron City Commission.

The enforcement of this ordinance in the three mile joint jurisdictional area shall be the responsibility of the Beadle County Zoning Administrator, under authority of the Beadle County Commission.

SECTION 2306 – Exceptions.

Within the City, exceptions to the terms of this ordinance may be granted by the Planning Commission of the City of Huron after public notice and hearing thereon. Notice of such hearing shall be in the same form and manner as is required in respect to zoning variances. A decision of the Planning Commission may be appealed to the Huron City Commission within ten (10) days after issuance of the decision.

Within the County, exceptions to the terms of this ordinance may be granted by the Joint (City/County) Planning Commission, after public notice and hearing thereon. Notice of such hearing shall be in the same form and manner as is required in respect to zoning variances. A decision of the Joint Planning Commission may be appealed to the Huron City Commission and the Beadle County Commission within ten (10) days after issuance of the decision.

If such exception is granted, the property owner/representative must comply with alternatives established by the Joint Planning Commission or City/County Commission as the case may be.

Appeals to decisions of the City Commission go to the court of record. Appeals to decisions of the County Commission go to the court of record.

SECTION 2307 – Penalty.

The maximum penalty for violation of this ordinance within the City of Huron should be the maximum penalty that may be charged for violations of municipal ordinances as per Huron Municipal Code Section 1.04.130. Within the City, the failure of owners to comply with this article shall constitute a nuisance and the City shall have the authority to abate the nuisance as provided by law.

The maximum penalty for violation of this ordinance within the Beadle County jurisdictional area should be the maximum penalty that may be charged for violations of Beadle County zoning ordinances.

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ARTICLE 24

SIGNS, OFF-STREET PARKING, AND LOADING(3 Mile Jurisdiction)

SECTION 2401 - General Sign Provisions.

Signs are a permitted accessory use in all use districts, subject to the following regulations:

1. For definitions, contact the Huron City Planning Office.

2. This title shall not apply to any display of directional signs street name signs, or other signs which have been authorized and erected by a governmental body.

3. A sign is a structure or a part of a structure for the purpose of applying yard and height regulations. EXCEPTION: Signs in the B-2 and B-3 zones will be allowed to be 1’ from face of sign to front property line and 1’ from face of sign to side property line with approval of the City Planning and Inspection Office.

4. Signs are prohibited within the public right-of-way except that the council may grant a special permit for temporary signs and decorations to be placed on a right-of-way for a period of time not to exceed ninety (90) days, subject to the laws of South Dakota and 23.08.166 and 23.10.054 of the city zoning ordinance.

5. Signs and their superstructures within the B-2 and B-3 districts may extend into the public right-of-way a distance not to exceed fifteen (15) inches when flat against the building.

6. Illuminated flashing signs shall not be permitted within the "A," "R," or "B-l" districts.

7. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall be permitted except carbon are lights may be located and used on private property in the "B-3," "I-1," "I-2" districts for a period not to exceed three (3) days.

8. Illuminated signs shall be permitted when such signs are accessory to permitted nonresidential uses.

9. One name plate sign per lot in the "B-2," "B-3," "I-1," and "I-2" district pertaining to a permitted use may be erected not to exceed fifty (50) percent of the authorized aggregate footage of advertising sign space for such lot.

10. For the purpose of selling or leasing property, a sign or signs not in excess of fifteen (15) square feet of sign may be placed within the front yard of such property to be

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sold or leased. Such sign or signs shall not be less than ten (10) feet from the front lot line unless flat against the structure.

11. For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a sign not to exceed one hundred (100) square feet may be erected upon the project site and maintained until each of the units has been rented or leased. At such time the sign shall be removed and future signs subject to Section 2401.

12. The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding twelve (12) inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame the dimensions for calculating the square footage shall be the area extending six (6) inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof.

Each surface utilized to display a message or to attract attention shall be measured as a separate sign, and symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, free standing structures, suspended by balloons or kites or on persons, animals, or vehicles shall be considered as a sign to be included in calculating the overall square footage.

13. Signs existing on the effective date of the ordinance codified in this title which do not conform to the regulations set forth in this title are a nonconforming use or structure and as such shall be under the regulations set forth in City Ordinance Chapter 23. 10. The superstructure for mounting of signs and such signs shall not be attached to a roof or project above the roof of a building not more than six (6) feet.

14. All free standing signs shall be located in such a location that the land around the sign is landscaped or if a part of an approved parking area, surfaced as required under Section 2403.

SIGNS IN "R" DISTRICTS. Within the "R" district;, the following signs are permitted:

1. One double surfaced name plate sign for each dwelling which shall not exceed one (1) square foot in area per surface. Such sign may indicate the name of the occupation, if such exists.

Yard lights and name plate signs in R1, R-2, and R- 3 residential districts provided such lights are three (3) feet or more from all lot lines and subject to Section 18.1 (City Ordinance). Light for illuminating parking or lending provide where necessary provided that glare is not visible areas or yards for safety and security purposes may be provided where necessary provided that glare is not visible from the public right-of-way or adjacent residential property and not: more than three (3) foot candles of light intensity are present at the residential property line:

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2. One double surfaced name plate sign for each dwelling group of six or more units, which shall not exceed six (6) square feet in area per surface. Such sign may indicate the names and addresses of the buildings or project, or may be a directory for occupants or state any combination of the above information.

3. One double surfaced name plate sign for each permitted use other than residential which shall not exceed six (6) square feet in area per surface plus one-half (½) square foot per surface for each one (1) foot of setback greater than twenty (20) feet.

4. Symbols, statues, sculptures, and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

SIGNS IN B-l DISTRICTS. Within the B-l district, name plate signs or business signs are permitted subject to the following regulations:

1. Within the B-l district, the aggregate square footage of square feet for each front foot of building abutting on sign space per lot shall not exceed the sum of two (2) a public right-of-way fifty (50) feet or more in width with the least width of a corner lot fronting on a public right-of-way being the front for purposes of this title plus one (1) square foot for Each front foot of side yard abutting on a public right-of-way fifty (50) feet or more in width. No individual sign surface shall exceed sixty (60) square feet in area, nor shall two or more smaller signs be so arranged and integrated as to cause a sign surface greater than sixty (60) square feet.

SIGNS IN THE B-2 DISTRICT. Within the B-2 district name plate signs, and business signs are permitted, subject to the following regulations:

1. Within B-2 business district, the aggregated square footage of sign per lot shall not exceed the sum of three (3) square feet per front foot of building, with the least width of the lot fronting on a public right-of-way, fifty (or more) feet in width being the front for applying this title, plus one (1) square foot for each foot of side yard abutting along a public right-of-way fifty (50) feet or more in width, no individual sign shall exceed two hundred fifty (250) square feet in area except as provided in Section 2401 (1)(j).

SIGNS 1N THE B-3 AND I DISTRICTS. Within the B-3 and I districts, nameplate signs, business signs, and advertising signs are permit subject to the following regulations;

1. The aggregate square footage of sign space per lot shall not exceed the sum of six (6) square feet per front foot of building, plus three (3) square feet per front foot of property not occupied by a building, plus one (1) square foot for each foot of public right-of-way fifty (50) feet or more in width abutting the side of the structure plus a ten (10) percent increase.

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2. The least width of such corner lot shall be the front for purposes of this title individual sign surface shall exceed two hundred fifty (250) square feet.

BILLBOARD SIGNS. Billboards shall be permitted in accordance with regulations outlined only in areas specified in the following sections:

1. Within the B-3 and I use district; for a lot upon which a principal use other than billboards exist, any portion of the aggregate square footage of sign space for such lot may be allocated to billboard use at the rate of four (4) square feet of billboard surface to one (i) square foot of aggregate square footage of sign space to permit billboards, but no single billboard shall exceed two hundred fifty (250) square feet in area and no billboard shall be less than twenty (20) feet from the front lot line.

2. Within the B-3 and I use districts, the aggregate square footage of advertising space per lot when a billboard is the principal use shall not exceed ten (10) square feet per front foot of lot on a public right-of-way which is fifty (50) feet or more in width.

3. Billboards shall be subject to all yard requirements within the R and I districts. Billboards shall not be less than twenty (20) feet from the front lot line.

4. Where a billboard is illuminated, the source of light shall not shine upon any part of an existing residence, or into a residential district or into a street. (City ordinance 985, 1971).

SECTION 2402 - General Provisions for Off-Street Parking Areas and Loading Space.

Existing off-street parking spaces and lending spaces upon the effective date of the ordinance codified in this title shall not be reduced in number unless that number exceeds the requirements set forth herein for a similar new use.

Should a building, structure or use in existence upon the date of the ordinance codified in this title be damaged or destroyed by fire or other cause, it may be reestablished, according to Section 23.10.010, except that in so doing the number of off-street parking or lending spaces which existed must be retained and should plans be proposed for enlarging the floor area, seating capacity or other facilities which would affect the parking or loading requirements, the parking or loading spaces shall be enlarged accordingly.

FLOOR AREA.

"Floor area" for the purpose of calculating the number of off-street parking spaces required means all of the floor area of the various floors of a structure measured to the centers of all partitions, except those areas used for dead storage, building maintenance, office of building management, toilets or rest rooms, window show cases, dressing rooms, employees' cafe, conference rooms, or for building utilities

BENCHES IN PLACES OF PUBLIC ASSEMBLE.

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In stadiums, sport arenas, churches, and other places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this title.

PARKING SPACES.

Each parking space shall be unobstructed and not less than nine (9) feet wide and twenty (20) feet in length per car and have an adequate system of access drives.

USE OF RESIDENTIAL PARKING FACILITIES.

Off-street residential parking facilities may be utilized for the parking of passenger automobiles and one straight truck not to exceed twenty-five (25,000) GVW and truck tractors, the truck to be parked within a building.

JOINT PARKING FACILITIES.

In all districts except "R-l" and ''R-2," required off-street parking facilities may be combined and provided shall be within three hundred (300) feet of the building to be served.

Buildings or structures for which a building permit has been issued prior to the effective date of the ordinance codified in this title but for which work has not been completed shall be exempt from the hereinafter stated parking requirements if the structure or building is completed within six (6) month after the ordinance codified in this title. (City Ordinance 985, 1971).

SECTION 2403 – Design and Maintenance of Off-Street Parking Areas.

Driveways shall not exceed a grade of four (4) percent and all parking lots except those for less than four vehicles shall be graded according to a drainage plan which has been approved by the city engineer. Catch basins, sumps and underground storm sewers may be required and all such lots and driveways shall be surfaced with a material to control dust and drainage.

LIGHTING.

Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.

A11 off-street parking areas shall be so designed and constructed that no part of any vehicle ever parked therein shall be nearer than one (1) foot from the parking area property line.

FENCES IN CERTA1N PARKING AREAS.

When a required off-street parking area for six (6) cars or more is located adjacent to any "R" district, there shall be constructed and maintained a wall of suitable material or not less than

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three and one-half (31/2) feet nor more than six (6) feet in height to capture the vehicles' light beams and muffle the vehicle noise. (City Ordinance 985, 1971).

SECTION 2404 - Required Off-Street Parking.

The following minimum areas shall be provided and maintained by ownership, easement, or lease, for and during the life of the respective use hereinafter set forth:

1. Single family dwellings shall have at least one parking space for each dwelling unit of one thousand two hundred (1,200) square feet or less and two (2) parking spaces for each dwelling unit of over one thousand two hundred (1,200) square feet, plus one additional parking space for each two roomers accommodated. A garage will fulfill this requirement if the garage has a space twenty (20) feet or more in front of the doors all on the lot served. However a building permit shall not be granted to convert a Garage to living space unless other acceptable provisions are made to provide the required parking space.

2. Two (2) family dwellings shall have at least one parking space per dwelling unit, but not more than one two car garage per unit.

3. Boarding and rooming houses shall have at least two parking spaces for each three persons for which accommodations are provided for sleeping.

4. Multiple dwellings shall have at least one and one-half parking spaces per unit in the "R-3" district, one and one-half in the "R-4" district, one and one-half in the "R-5" district, and one-half parking space per unit in the"B-2" district.

5. Hotel or apartment hotels shall have at least one parking space for each rental unit provided in the design of the building.

6. Motels, tourist homes, motor hotels shall have at least one parking space for each dwelling unit or lodging room. Plus one additional space for each eight units.

7. Schools, elementary and junior high, shall have at least one parking space for each classroom plus one additional space for each three hundred (300) student capacity.

8. Schools, high schools through college, shall have at least one parking space for each seven students based on design capacity, space for each two classrooms.

9. Churches and clubs shall have at least one parking space for each three seats based on

the design capacity of the main assembly hall.

10. Theaters, ball fields and stadiums shall have at least one parking space for each eight seats of design capacity.

11. Hospitals shall have at least one and one-half parking spaces for each patient bed.

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12. Sanitariums, convalescent homes, rest homes, nursing homes, or institutions shall have at least one parking space for each six beds for which accommodations are offered, plus one additional parking space for each fifteen beds.

13. Medical or dental clinics shall have at least three parking spaces for each staff doctor or dentist or one space for each one hundred fifty (150) square feet of gross floor area, whichever is greater.

14. Drive-in food establishments shall have at least one parking space for each fifteen (15) square feet of gross floor area in building allocated to drive-in operation.

15. Bowling alleys shall have at least five parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant.

16. Motor fuel stations shall have at least four off-street parking spaces plus two off-street parking spaces for each service stall.

17. Retail stores or service shops shall have at least one off-street parking space for each two-hundred (200) square feet of floor area.

18. Restaurants, cafes, bars, taverns and night clubs shall have at least one space for each three seats based on capacity design or where there is not design layout, one space for each thirty-five (35) square feet of gross floor area.

19. Banks, offices and/or public office buildings shall have at least one parking space for each two-hundred fifty (250) square feet of gross floor area.

20. Undertaking establishments shall have one parking space for each five seats or thirty-five (35) square feet of seating area where there are no fixed seats, plus one parking space or each two hundred fifty (250) square feet of floor area not used for seating.

21. Furniture stores, appliance stores, wholesale and warehouses up to six thousand (6,000) square feet shall have at least one parking space for each two hundred fifty (250) square gross floor area.

22. Open sales lots, lumber yards, auto sales and auto leasing shall have one parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one parking space for each four thousand (4,000) square feet of land up to a parcel of twenty-four thousand (24,000) square feet, plus one parking space for each six thousand (6,000) square feet thereafter.

23. Auto repair, boat and marine sales, garden stores, carpenter shops shall have four parking spaces plus one for each eight hundred (800) square feet of floor area over the first one thousand (1,000) square feet.

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24. Skating, dance hall, miniature golf, ice arena and clubs shall have ten parking spaces plus one additional space for each two hundred (200) square feet of floor area devoted to the principal use.

25. Manufacturing, fabricating or processing of a product or material shall have four off-street parking spaces plus one for each four-hundred (400) square feet of floor area.

26. Warehouse, storage, handling of bulk goods in structures over six thousand (6,000) square feet shall have least one space for each two thousand (2,000) square feet of gross floor area. (City Ordinance 1041, 1972; City Ordinance 985, 1971).

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ARTICLE 25

SPECIAL PROVISIONS(3 Mile Jurisdiction)

SECTION 2501 - Additional Requirements, Exceptions and Modifications.

The requirements and standards specified heretofore in this title shall be subject to the following provisions set forth in this chapter and Chapter 13.08.

HEIGHT LIMITATIONS.

Height limitations as set forth in "R-l," “R-2,” and "R-3" districts elsewhere in this title may be in-creased without special permit by fifty (50) percent when applied to the following:

1. Antenna, radio, and TV;

2. Church spires and steeples;

3. Belfries;

4. Water towers (private);

5. Flag poles;

6. Smokestacks;

7. Cooling towers

8. Elevator penthouse.

Heights in excess thereof for such purposes may be permitted conditional use permit granted by resolution of the governing body determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property.

1. FRONT YARD VARIANCE.

In any "R" district, wherever a platted block or otherwise subdivided area has dwellings located on fifty (50) percent or more of the parcels located between two streets, the front yard setback line may be reduced below the minimum which would be therein required, but shall no case be less than either the average front setback lines already established by the dwellings located in such block or area, or fifteen (15) feet whichever is greater.

2. RESIDENTIAL FRONTAGE.

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No residence shall hereafter be erected upon any parcel unless such parcel abuts upon a street for at least twenty (20) feet.

3. REZONING.

Rezoning for an individual business or industry shall not be permitted unless it is an extension of an existing business or industrial district, or is designated to be a part of a business or industrial area as designated on the Huron comprehensive plan.

4. USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS.

Whenever in any district a use is neither specifically permitted nor denied, the council, the commission, or a property owner may request a study by the commission to determine whether the particular use is compatible with the Huron comprehensive plan, what zoning district would be most appropriate and the determination as to conditions and standards relating to the use. The council may upon receipt of the study initiate an amendment to these Articles to provide for the particular use under consideration or find that the use is not compatible.

5. REQUEST FOR A VARIANCE – CONDITIONAL USE PERMIT OR AMENDMENT LIMITS.

A request for variance, conditional use permit, or amendment which has been acted upon may not be requested again until a period of six (6) months has passed unless the applicant can show to the satisfaction of the commission that the condition which were present when the earlier request was filed have changed or that the request is substantially different.

6. LOTS NOT SERVED BY PUBLIC SEWER AND WATER.

In any district, where either public water supply or public sanitary sewer is not accessible, the otherwise specified lot area per dwelling and width requirements shall be a minimum of fifteen thousand (15,000) square feet of lot area and one hundred (100) feet of lot width or as specified in district if larger. (City Ordinance 985, 1971).

SECTION 2502 - Performance Standards.

1. PURPOSE OF STANDARDS.

The guiding of urban development so as to develop compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts; conditional and accessory uses shall conform to the following standards as set forth in this section.

2. OCCUPATION NOISE.

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Any use established shall be so operated that no noise resulting from the use is perceptible beyond the boundaries of that plat line of the site on which such use is located. This standard shall apply to incidental traffic, parking, loading, construction, or maintenance operations.

3. SMOKE AND PARTICULATE MATTER.

Any use established, enlarged or remodeled after the effective date of the ordinance codified in this title shall be so operated as to control the emission of smoke or particulate matter to the degree that it Is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public.

For purpose of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart.

4. TOXIC OR NOXIOUS MATTER. .

Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter

5. ODORS.

Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point beyond the lot line of the site on which such use is located.

6. VIBRATION.

Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.

7. GLARE OR HEAT.

Any use requiring an operation producing an intense heat or direct light transmission shall be performed with the necessary shielding to prevent such heat or direct light from being detectable at the lot line of the site on which the use is located.

8. EXPLOSIVES.

Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation shall be located not less than five hundred (500) feet the "R" district line.

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9. SCREENING.

Any use in the "I-1" light industrial district abutting on the "R" district shall effectively screen any open storage from eye level vision by providing and maintaining a wall, fence or thirty foot wide planting strip to screen and reduce the noise, dust and vision between the two uses. Such wall or fence shall be six (6) feet in height and at least fifty (50) percent closed.

10. WASTE MATERIAL.

Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the city engineer. The engineer may establish appropriate regulations and standards therefore. (City Ordinance 985, 1.971).

SECTION 2503 - Community Unit Plan.

The purpose of this section is to provide a method where flexibility of site design and architecture may be applied by placing more than one building on a lot in residential,or industrial district according to the following provisions:

1. RESIDENTIAL DISTRICT.

The purpose of this section is to establish provisions for the granting of a conditional use permit to erect a multi-building apartment or institutional project in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as provided in this title.

The owner or owners of any tract of land within the "R-2,”or "R-5" use districts must submit to the board for approval a plan for the development and use of such a tract of land for a community unit plan for residential use or for any institutional use permitted within the district in which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirement of the use district within which it is located except as herein amended.

A. The tract of land for which a development is proposed and a permit requested shall contain not less than two (2) acres.

B. The tract of land for which a development is proposed and a permit requested shall not have less than seventy-five (75) feet of frontage on a street.

C. The proposed development shall be served by the city water and sewer system and fire hydrants shall be installed according to a plan approved by the fire chief as to type and location.

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D. No principal building shall be nearer than its height to the rear or side property line when such line abuts an "R-l" or "R-2" district.

E. No building within the development shall be nearer to another building than one-half the sum of the heights of the two buildings.

F. Private roadways within the project shall have an improved surface of twenty (20) feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. parking on a twenty (20) foot to twenty-seven (27) foot roadway is to be permitted and parking is permitted on both sides of roadways thirty (30) feet or more in width.

G. No building shall be located less than fifteen (15) feet from back of the curb line along those roadways which are a part of the internal road system.

H. Off-street parking for apartment projects shall be one and one-half spaces per dwelling unit.

2. BUSINESS DISTRICT.

The purpose of this section is to establish provisions for the granting of conditional use permits to erect a multibuilding retail sales and service facility in relation to an overall design, an integrated physical plan and in accordance with the provisions And procedures as provided in this title.

The owner or owners of any tract: of land within the "B-l," "B-2" or "B-3" districts may submit to the council for approval a plan for the development and use of such a tract of land for a community unit plan for commercial or other uses permitted in the district within which the land is located, by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the district within which it is located except as herein amended.

A. The tract of land for which a development is prepared and a permit requested shall contain not less than five (5) acres.

B. The tract shall have not less than two hundred (200) feet of frontage on a public street.

C. The development shall be served by the city sewer and water system and fire hydrants shall be installed according to a plan approved by the fire chief as to the type and location,

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D. The surface drainage system shall be constructed according to a plan approved by the city engineer.

E. The entire site other than the taken up by structures or landscaping shall be surfaced with concrete or asphalt.

F. The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the council.

G. Provisions shall be designated for off-street loading to service the businesses and such space shall have easy access and not be designated for any other use.

H. Private roadways within the project shall have an improved surface of twenty-four (24) feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building, Parking on a twenty four (24) foot roadway is to be prohibited; parking shall be permitted on one side of a thirty (30) foot roadway.

3. INDUSTRIAL DISTRICT.

The purpose of this section is to establish provisions for the granting of a conditional use permit to erect a multi-building industrial facility in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as provided in this title.

The owner or owners of any tract of land within an “I” district may submit to the council for approval a plan for the development and use of such a tract of land for a community unit plan for commercial or other uses permitted in the district within which the land is located by making an application for a conditional use permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of the district within which it is located except as herein amended.

A. The tract of land for which a development is proposed and a permit requested shall not be less than five (5) acres.

B. Tile tract shall be served by the city water and sewer system and fire hydrants shall be installed according to plan approved by the fire chief as to type and location.

C. A surface drainage system shall be constructed according to a plan approved by the city engineer.

D. The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the council.

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E. Private roadways within the project shall have an improved surface of twenty-four (24) feet or more in width and shall be so designed and constructed as to permit the city fire trucks to provide protection to each building. Parking on twenty-four (24) foot roadway is to be prohibited; parking shall be permitted on one side of a thirty (30) foot roadway. (City Ordinance 985, 1971).

SECTION 2504 - Planned Unit Development.

The purpose of this section is to provide a method by which parcels of land in the "R" district having unusual building characteristics due to subsoil conditions, elevation of water table, water area, relative location or shape of the parcel may be more efficiently utilized.

The owner or owners of any tract of land in an "R" district may submit to the council for approval, a plan for the use and development of such a tract of land as a planned unit by making an application for a special use permit authorizing completion of the project according to the plan.

The plan for the proposed project shall conform to the requirements of the use district within which the land is located except as hereinafter modified.

1. The tract of land for which a project is proposed and a permit requested shall not be less than five (5) acres,

2. The applicant shall state precisely, what in his opinion, are the unusual characteristics of the site for purposes of justifying the granting of a special permit.

3. The plan shall be submitted in the form of a preliminary plat and in complete conformance with the subdivision regulations.

4. The number of dwelling units proposed for the entire site shall not exceed the total number permitted under density control provision for the use district within which the land is located.

5. The lot area in the plan shall not be less than the minimum for the area and the density on any one lot as required within the use district shall not be reduced more than two-thirds by assigning additional dwelling units.

6. Each lot as shown on the plan shall have indicated on it the maximum number of

dwelling units to be permitted within a single building.

7. That land which is to be set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. Provisions for recreational area not dedicated and accepted by the city shall be required (City Ordinance 985, 1971).

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ARTICLE 26

ADMINISTRATIVE PROCEDURE AND ENFORCEMENT

SECTION 2601 – Administration and Enforcement.

An administrative official who shall be known as the Zoning Administrator and who shall be designated by the County Board of Commissioners shall administer and enforce this Ordinance. This person may be provided with the assistance of such other persons as the County Board of Commissioners may direct.

If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated, he/she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she may order discontinuance of illegal use of land, building, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being performed; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions.

SECTION 2602 - Building Permits Required.

No building shall be erected, partially erected, moved, added to, or structurally altered without a permit therefore issued by the Zoning Administrator. No building permit shall be issued by the Zoning Administrator except in conformity with the provisions of this Ordinance, unless he/she received a written order from the County Planning Commission in the form of an administrative review, conditional use, or variance as provided by this Ordinance.

SECTION 2603 – Application for Building Permits.

All applications for building permits shall show the actual dimensions and shape of the lot to be built upon; the exact size and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. Building permits may be obtained from the Zoning Administrator.

The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.

One copy of the application shall be returned to the applicant by the Zoning Administrator after he/she has marked such copy either as approved or disapproved and attested to same by his signature on such copy. If a building permit is refused, the Zoning Administrator shall state the reasons for such refusal in writing. The original and one copy of the application, similarly marked, shall be retained by the Zoning Administrator.

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The issuance of a building permit shall, in no case, be construed as waiving any provisions of this Ordinance.

If the work described in any building permit has not been substantially completed within six (6) months of the date of issuance thereof, said permit can then be extended for another six (6) months by the Zoning Administrator.

SECTION 2604 – Construction and Use to be provided in Applications and Permits.

Building permits issued on the basis of applications approved by the Zoning Administrator authorized only the use, arrangement, and construction set forth in such approved application and no other use; arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance and punishable as provided by SECTION 3202 hereof.

SECTION 2605 – Obtaining a Building Permit.

All building/zoning permits shall be obtained by application of the owner or builder and shall give an estimated cost of the construction or repairs and initial fees shall be based on such estimate; provided that if at the completion of said construction or repair the estimated cost as given in the application appears inadequate to the Zoning Administrator, He/she may demand bills or receipts to substantiate such value and additional fees may be assessed accordingly. It is the owner’s responsibility to obtain a permit prior to construction on his/her property, owned or leased.

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ARTICLE 27

COUNTY PLANNING AND ZONING COMMISSION

SECTION 2701 – Proceedings of the County Planning and Zoning Commission.

The County Planning and Zoning Commission shall recommend for adoption the rules necessary for the conduct of its affairs and in keeping with the provisions of this Ordinance. The County Planning and Zoning Commission shall keep record of all proceedings. Meetings shall be held at the call of the Chairperson and at such other times the Planning and Zoning Commission may determine. The Chairperson, or in his/her absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meeting shall be open to the public.

The County Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failure to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record and be immediately filed with the Secretary of the Planning Commission. The Planning Commission shall recommend for adoption from time to time, subject to the approval of the Board of County Commissioner, such rules and regulations as it may deem necessary to carry appropriate provisions of this Ordinance into effect.

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ARTICLE 28

COUNTY PLANNING AND ZONING COMMISSION--POWERS AND DUTIES

SECTION 2801 – Zoning Variance– Application.

An application shall be filed with the zoning administrator and/or building inspector with such filing fee as established by the County. Applications shall state the special circumstances or conditions applying to the land or building for which the variance is sought and shall note the peculiar and practical difficulties claimed as a basis for the request for a zoning variance.

SECTION 2802 – Referral to the Planning and Zoning Commission.

Not less than five (5) days in advance of the next regular meeting of the planning and zoning commission, the zoning administrator shall mail a notice to all persons owning property within one mile of the applicant’s property. At the regular meeting of the Planning and Zoning Commission, that body shall conduct a hearing to obtain testimony regarding the application and shall either recommend that the Board of Adjustment grant or deny the application in conformance with the finding of fact.

SECTION 2803 – Notice and Hearing.

Upon receipt of any application from the Planning and Zoning Commission, the board of adjustment shall fix a reasonable time for the hearing of the application. After so doing the board shall cause to have the following notices sent:

1. At least five days before the hearing, there shall be a sign posted on the subject property which shall state that a zoning variance has been requested and shall state the date, time and place of the hearing.

2. All parties in interest, such as the applicants and persons filing written protests or others, shall receive written notice from the Zoning Administrator informing them of the time, date and place of the hearing. At the time set for the hearing, the Planning and Zoning Commission shall consider any written or verbal testimony that may be presented, and shall make a written finding of fact recommendation to the Board of Adjustment. Based on these findings of fact, the Board of Adjustment may grant or deny the variance.

SETION 2804 – Variance – Findings of Fact.

A variance may be granted to the strict application of this chapter only where findings are made that there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and that the circumstances or conditions are such that the strict application of the area provisions of this

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chapter would unreasonably prevent the applicant from using the property for a permitted purpose, or that the strict application of the use provisions would deprive the applicant of any reasonable return on the property. In granting a variance, the Planning and Zoning/Board of Adjustment shall prescribe any conditions that it deems to be necessary or desirable. However, no variance in the strict application of this chapter shall be granted by the board of adjustment unless it finds:

1. The plight of the applicant is due to unique circumstances of their property and not to the general conditions of the neighborhood,

2. The unique circumstances which render the property incapable of being used in compliance with this chapter have not been caused or created by any actions of the applicant;

3. The variance requested is the minimum variance which is necessary for the reasonable rise of the property;

4. The variance requested call be granted with substantial justice to the applicant as well as other property owners in the area;

5. That the granting of this variance will be in harmony with the general purpose and intent of this chapter while maintaining the integrity of the comprehensive plan;

6. The granting of this variance will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare.

7. Additional Finding of Fact for an Area Variance: Compliance with the strict application of this chapter governing area, setbacks, frontage, sideyards, height, bulk, or density will unreasonably prevent the owner from using tile property for a permitted purpose.

8. Additional Finding of Fact for a Use Variance: The land in question cannot yield a reasonable return if only used fix the purpose allowed in the zone.

In any hearing concerning the requested variance, the applicant carries the burden of proving that the request complies with the necessary findings and that the grant of a variance is in keeping with the spirit and intent of this chapter.

SECTION 2805 – Conditional Use Permit.

Whenever this title requires a conditional use permit, an application therefore in writing shall be filed with the zoning administrator and the building inspector together with such filing fee as established herein shall be accompanied with a site plan and such information and showing as may be necessary or desirable, including but not limited to the following:

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1. Site plan drawn at scale showing dimensions;

2. Location of all buildings, heights, and square footage;

3. Curb cuts, driveways, parking spaces;

4. Off-street loading areas;

5. Drainage plan

6. Type of business, proposed number of employees by shift;

7. Proposed floor plan with use indicated;

8. Sanitary sewer and water plan with estimated use per day;

9. A statement showing why such conditional use cannot be located and conducted in zoning districts not requiring such conditional use permits;

10. The actual uses of all property within a radius not less than one hundred feet of the applicants petition together with a map, plot or plan showing all elevations, building locations, side yards, fences and other related information shall be filed with the zoning administrator and/or building inspector.

SECTION 2806 – Notice and Hearing.

Upon receipt of any conditional use application from the Planning and Zoning Commission, the board of adjustment shall fix a reasonable time for the hearing of the application of the conditional use. After so doing the board shall cause to have the following notices sent:

1. At least five days before the hearing, there shall be a sign posted on the subject property which shall state that a conditional use permit has been requested and shall state the date, time and place of the hearing.

2. All parties in interest, such as the applicants, persons filing written protests, and town and township boards, shall receive written notice from the Zoning Administrator informing them of the time, date and place of the hearing. At the time set for the hearing, the Planning and Zoning Commission shall consider any written or verbal testimony that may be presented, and shall make a written finding of fact recommendation to the Board of Adjustment. Based on these findings of fact, the Board of Adjustment may grant or deny the conditional use permit.

SECTION 2807 – Referral to Commission.

The application and related file shall be referred to the planning commission for study

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concerning the effect of the proposed use on the comprehensive plan and on the character and development of the surrounding area based on the following specific criteria:

1. Compatibility with the zoning district;

2. Adverse affect on the character of the area by an increase in such elements as dust, odors, noise, gas and traffic volumes;

3. Opposition of surrounding property owners;

4. The public safety;

5. Effect on established property values.

So that adequate public input may be obtained, the planning commission shall conduct a public hearing upon the proposed conditional use, after which it shall transmit its recommendations to the board of adjustment.

SECTION 2808 – Board of Adjustment Action.

The Board of Adjustment shall consider the advice and recommendation of the planning commission and the effects of the proposed conditional use upon the health, safety and welfare of the public and of the occupants in the surrounding area. Should the board of adjustment find that the proposed conditional use, when conducted under specified conditions, will not be detrimental to the health, safety or general welfare of the public or surrounding area, they may grant a conditional use permit specifying the conditions for location and conditional use operations. If at any time the applicant fails to abide by the conditions under which the permit is granted, the board of adjustment may revoke the permit after reasonable notice and public hearing.

SECTION 2809 – Initiation for Amendments.

The governing body or the commission may, upon their own motion, initiate a request to amend the text or the districting map of this title. Any person owning real property may petition the governing body and commission to amend the district boundaries which may affect the real property or a larger parcel which includes the real property.

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ARTICLE 29

APPEALS

SECTION 2901 – Duties of Zoning Administrator, County Planning and Zoning Commission, Board of Adjustment, and Courts on Matters of Appeal.

It is the intent of this Ordinance that all questions of interpretation and enforcement shall be presented first to the Zoning Administrator and that such questions shall be presented to the County Planning and Zoning Commission only in appeal from the decisions of the Zoning administrator and that recourse from the decisions of the County Planning and Zoning commission shall be to the Board of County Commissioners and then to the court as provided by law.

The procedure for deciding such questions shall be as stated in this SECTION andOrdinance. Under this Ordinance, the Board of County Commissioners shall have the following duties: (1) of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance as provided by law, (2) or establishing a schedule of fees and charges as stated in ARTICLE 30.

SECTION 2902 – Stay of Proceedings.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the County Planning and Zoning Commission after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause eminent peril to life or property.

In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the County Planning and Zoning Commission or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

SECTION 2903 – Appeals from the County Commission; Procedures of Appeal.

Any person or persons, or any board, taxpayer, department, board or bureau of the county aggrieved by any decision of the County Planning and Zoning Commission/Board of Adjustment may appeal to the Board of County Commissioners and then seek review by a court or record of such decision in the manner provided by the laws of the State of South Dakota.

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ARTICLE 30

SCHEDULE OF FEES, CHARGES, AND EXPENSES

SECTION 3001 – Schedule of Fees, Charges, and Expenses.

The Board of County Commissioners shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other mailers pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Zoning Administrator and may be altered or amended only by the Board of County Commissioners. Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application for appeal. Any fees shall go into the Beadle County general fund.

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ARTICLE 31

AMENDMENTS

SECTION 3101 – Amendments.

The provisions set forth in this Ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by action of the Board of County Commissioners or when such amendment, supplement, change, modification, or repeal is requested through a petition by thirty (30) percent of the landowners in the district requesting change. An individual landowner may also petition the Board to change the zoning of all or any part of his property. Upon filing or upon separate request by the Board of County Commissioners, the County Planning and Zoning Commission and the Board shall hold a public hearing not less than fifteen (15) days after the notice published in the official newspaper of the County and subject to the provisions in SDCL 11-2-19.

The County Planning and Zoning Commission shall within forty-five (45) days make its recommendation to the Board of County Commissioners. The report of such recommendation shall include approval, disapproval, or other suggestions and the reasons therefore, and a discussion of the effect on such amendment, supplement, change, modification upon adjacent property and upon the Comprehensive Plan.

The Board of County Commissioners shall therefore, by duly enacted Ordinance, either adopt or reject such amendment, supplement, change, modification, or repeal, and if it is adopted by the Board of County Commissioners, the same shall be published in the official newspaper in the County and take effect on the twentieth (20th) day after its publication.

SECTION 3102 - Notice and Hearing for Rezoning.

Upon receipt of any rezoning application from the Planning and Zoning Commission, the board of adjustment shall fix a reasonable time for the hearing of the rezoning application. After so doing the board shall cause to have the following notices sent:

1. At least five days before the hearing, there shall be a sign posted on the subject property which shall state that rezoning has been requested and shall state the date, time and place of the hearing.

2. All parties in interest, such as the applicants and persons filing written protests or

others, shall receive written notice from the Zoning Administrator informing them of the time, date and place of the hearing. At the time set for the hearing, the Planning and Zoning Commission shall consider any written or verbal testimony that may be presented, and shall make a written finding of fact recommendation to the Board of Adjustment. Based on these findings of fact, the Board of Adjustment may grant or deny the rezoning.

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ARTICLE 32

VIOLATIONS, COMPLAINTS, PENALTIES, AND REMEDIES

SECTION 3201 - Building Permit Violations.

Any person, firm, or corporation in violation of this ordinance shall be fined by doubling the building permit fee that was originally paid. The Zoning Administrator may also take enforcement measures as given in SECTION 2601. Payment of all fines shall be made in the office of the Beadle County Zoning Administrator within ten (10) days after the person, firm, corporation in violation of the above Ordinance has been notified by registered letter. If payment of the fine is not received at the end of the ten (10) day period, the Beadle County States Attorney shall have the power to prosecute, pursuant to SDCL 7-16-9, 7-19-1, and 11-2-25. Any fines collected shall be deposited in the Beadle County general fund.

SECTION 3202 - Violation of Ordinance.

Any person, firm, or corporation in violation of the provision of these Ordinances, except SECTION 2602, shall be punishable by a fine not more than five hundred ($500) dollars. The Zoning Administrator may also take enforcement measures as given in SECTION 2601. Payment of all fines shall be made in the office of the Beadle County Zoning Administrator within ten (10) days after the person, firm, corporation in violation of the above Ordinance has been notified by registered letter. If payment of the fine is not received at the end of the ten (10) day period, the Beadle County State’s Attorney shall have the power to prosecute, pursuant to SDCL 7-16-9, 7-19-1, and 11-2-25. Any fines collected shall be deposited in the Beadle County general fund.

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ARTICLE 33

LEGAL STATUS PROVISIONS

SECTION 3301 – Separability.

Should any article, section, or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

SECTION 3302 - Purpose of Catch Heads.

The catch heads appearing in connection with the foregoing sections are inserted simply for convenience to serve the purpose of any index and they shall be wholly disregarded by any person, officer, court or other tribunal in construing the terms and provisions of this Ordinance.

SECTION 3303 - Repeal of Conflicting Ordinances.

All ordinances or parts of ordinances in conflict with this Ordinance, or inconsistent with the provision of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect.

SECTION 3304 - Effective Date.

This Ordinance shall take effect and be in force from and after its passage and publication according to law.

ARTICLE 34

MISCELLANEOUS

An Ordinance providing for times when on-and off-sale alcoholic beverage services prohibited in Beadle County.

WHEREAS, Beadle County desires to regulate the time for selling or serving intoxicating liquor; therefore,

BE IT ORDAINED by the Board of County Commissioners of Beadle County, South Dakota:

No on-sale or off-sale licensee, licensed under SDCL 35-4-2(3), (4), (5), (6), (9), (11), (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of two a.m. and seven a.m. or at any time on Christmas Day.

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The sale, service, and consumption of alcoholic beverages shall be permitted on Sundays and Memorial Day, except between the hours of two a.m. and seven a.m.

A violation of this section is a Class 2 misdemeanor punishable by thirty (30) days imprisonment in a county jail or a five hundred dollar ($500.00) fine, or both.

Ordinance regulating and restricting permits for special alcoholic beverage licenses issued in conjunction with special events in Beadle County.

WHEREAS, Pursuant to SDCL 35-4-124 and SDCL 35-4-125, Beadle County desires to regulate and restrict permits special alcoholic beverage licenses issued in conjunction with special events in Beadle County; therefore,

BE IT ORDAINED by the Board of County Commissioners of Beadle County, South

Dakota:

(1) That any license issued pursuant to SDCL 35-4-124 shall issued for a period of time established within the sole discretion of the Board of County Commissioners of Beadle County, not to exceed fifteen consecutive days; and

(2) That no person or organization may be issued a permit pursuant to SDCL 35-4-124 more than three times in any one calendar year; and

(3) That the licensee must comply with all applicable state laws concerning the consumption of alcoholic beverages as set forth in SDCL ch. 35-4; and

(4) The fee for a license issued pursuant to SDCL 35-4-124 and this Ordinance shall be established by the Beadle County Commission, which must accompany the application for the permit.

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BEADLE COUNTY SUBDIVISION REGULATIONS

APPENDIX A

An Ordinance establishing rules, regulations, and standards governing the subdivision of the land within Beadle County, South Dakota, and providing harmonious development of the county and its environs for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the county for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, or prosperity.

Now, therefore, be it enacted by Beadle County, South Dakota.

ARTICLE I - GENERAL PROVISIONS

SECTION 101 – Purpose.

These regulations shall be for the purpose of promoting harmonious development through the implementation of the Beadle County Comprehensive Plan. SECTION 102 - Extent of Regulation.

The provisions of these regulations shall apply to every addition to, or subdivision within Beadle County, South Dakota, and their prescribed area of extra-territorial jurisdiction. No plat of a subdivision of land shall be filed or recorded until it has been submitted to the Planning and Zoning Commission for their review and then approved by the Beadle County Commissioners.

SECTION 103 - Definitions.

For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows:

1. The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

3. The word shall is mandatory, the word may is permissive.

4. The words used or occupied included the words intended, designed, or arranged to be used or occupied.

5. The word lot includes the words plot or parcel.

6. The word building includes the word structure.

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7. Alley - A public right-of-way which is used primarily as a secondary means of access to the abutting property.

8. Block - A track or parcel of land bounded by public streets or land, streams, railroads, unplatted lands or a combination thereof.

9. Comprehensive Plan - A long-range plan for the improvement and development of Beadle County, South Dakota, as adopted by the Planning Commission and the County Commissioners.

10. Cul-de-sac - A street having one end connecting with a public street and being terminated as its other end by a vehicular turn-around.

11. Improvements - Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading street signs, plantings, and other items for the welfare of the property owners and the public.

12. Lot - A portion of a subdivision or other parcel of plotted land, intended as a unit for transfer of ownership or for development.

13. Lot of record - A tract of land described as an integral portion of a subdivision plat which is properly recorded in the Register of Deeds Office of Beadle County, South Dakota.

14. Plat - A map, drawing, or chart on which the subdivider's plan of the subdivision is presented and which he submits for approval and which will be recorded in final form.

15. Right-of-way - A strip of land separating private property from the existing road, street or alley or dedicated in public ownership.

16. Street - A right-of-way, dedicated to public use, which affords a primary means of access to the abutting property.

17. Street – major - Provides for the through traffic movement between areas and across the city, and direct access to abutting property; subject to necessary control of entrances, exits and curb use.

18. Street – collector - Provides for traffic movement between major arterials and local streets, and direct access to abutting property.

19. Street – local - Provides for direct access to abutting land, and for local traffic movements.

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20. Subdivider - A natural person, firm, co-partnership, association or corporation who submits a proposed subdivision to the Planning Commission.

21. Subdivision - The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development.

22. Water course, drainage way, channel or stream - A natural or man-made depression in which a current of surface run-off water flows following precipitation.

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ARTICLE 2

PROCEDURES

SECTION 201 – Pre-Application.

Prior to the subdivision of any land, the subdivider or his/her agent shall discuss informally with the Planning Commission the proposed subdivision with reference to these Subdivision Regulations, the Zoning Ordinance, and the Comprehensive Plan.

SECTION 202 – Preliminary Application Fee.

The subdivider shall pay to the Zoning Administrator a preliminary application fee as stated in the approved fee schedule before application. SECTION 203 – Preliminary Application.

The subdivider shall prepare and submit to the Planning Commission the following:

1. Seven (7) copies of the preliminary plat at a uniform size of fifteen (15) inches by twenty-six (26) inches or eight and one-half (8-1/2) inches by fourteen (14) inches. All preliminary submittals shall be in conformance with the design standards set forth in Article III of this Ordinance and shall include or be accompanied by the following information:

A. Receipt for preliminary platting fee.

B. Proposed name of the subdivision, which shall not duplicate previously filed plat names.

C. A date, scale, north point, and key map showing the general location of the proposed subdivision in relation to surrounding development.

D. Names and addresses of the developer, engineer, surveyor, or landscape architect responsible for the survey or design.

E. Location of boundary lines in relation to section or quarter section lines, including a legal description of the property.

F. Existing contours wherever five (5) feet of deviation occurs.

G. Location, width, and name of existing or platted streets and alleys, railroads, utilities, rights-of-way or easements, parks, and existing structures within the proposed subdivision and their relationship to the same of adjacent subdivisions.

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H. Zoning classifications and existing and proposed land use.

I. Written and signed statements explaining how and when the subdivider proposes to provide and install all required sewers or other suitable sanitary disposal systems, water supply, pavement, sidewalks, drainage ways, and other required improvements, or in lieu of the completion of such work and installations previous to the final approval of a plat, the County Commissioners may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality the actual construction and installation of such improvements and utilities within a period specified by the County Commissioners and expressed in the bond, or in lieu of completion of such work and installations previous to the final approval of a plat for an assessment or other method whereby the municipality is put in an assured position to do said work and make said installations at the cost of the owners of the property within the subdivision.

J. Written and signed statements by the appropriate officials, obtained by the developer, ascertaining the availability of gas, electricity, and water the proposed subdivision.

K. Layout, numbers, and approximate dimensions of lots and the number of each block.

2. After receipt of the preliminary plat applications, the Planning and Zoning Commission shall distribute said applications to the appropriate officials, who shall examine the proposed plat in terms of compliance with all laws, regulations, and codes of the City. The findings of the examinations shall be returned to the Commission within fifteen (15) days.

3. The Commission, upon receipt of the examination findings, shall approve or

disapprove the preliminary plat application at the time of their next regularly scheduled meeting. Approval of the preliminary plat by the Commission shall be void at the end of six (6) months unless a final plat has been submitted.

4. Upon approval of the preliminary plat by the Commission, the subdivider may proceed with the preparation of the final plat.

SECTION 204 – Final Application Fees.

The subdivider shall pay to the Zoning Administrator a final application fee after preliminary approval and before final application. The fee shall be as stated in the approved fee schedule.

SECTION 205 - Final Plat Application.

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The subdivider shall prepare and submit to the Planning and Zoning Commission the following, prepared by an engineer or land surveyor registered in the State of South Dakota:

1. Seven (7) copies of the final plat at a uniform size of fifteen (15) inches by twenty-six (26) inches or eight and one-half (8-1/2) inches by fourteen (14) inches. All final plat submittals shall be in conformance with the design standards set forth in Article V of this Ordinance and shall include or be accompanied by the following information, in addition to that already submitted on the preliminary application:

A. The exact location and layout of lots, streets, alleys, easements, and other public ground with accurate dimensions in feet and decimals of feet, interior angles, length of radii and/or arcs of all curves, together with the names of all streets.

B. Location and description of all monuments.

C. Location by section, township, range, county, and state, including descriptive boundaries of the subdivision, based on an accurate traverse giving angular and linear dimensions that must be mathematically close.

D. Notarized certificate signed and acknowledged by all parties having any titled interest in or lien upon the land subdivided consenting to the plat, including dedication of all streets, alleys and public ways, parks or other public grounds, or lands for charitable, religious, or educational purposes, if any, and granting easements.

E. Certificate signed by the County Treasurer stating that there are no regular or

special taxes due or delinquent against the property described in the plat.

F. Certificate signed by the Director of Equalization approving the plat.

G. One copy of any private restriction or covenants affecting the subdivision or any part thereof.

2. Any subdivision of land containing two or more lots, no matter how described, must be submitted to the Planning and Zoning Commission for approval. Any plat submitted for approval shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the County Commissioners without affording a hearing thereon, notice of the time and place of which shall be sent by mail to said address not less than five days before the date fixed therefore. Also any plat submitted for approval shall require the signature of the Beadle County Auditor and the Secretary of the Beadle County Planning Commission.

3. The plat shall be approved or disapproved within sixty(60) days after submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the County Commissioners on demand; provided,

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however, that the applicant for the approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the County Commissioners.

4. The approval of a plat by the County Commissioners shall not be deemed to constitute or affect any acceptance by the municipality or public of the dedication of any street or other ground shown on the plat.

5. When any map, plan, plat or replat is tendered for filing in the office of the Register of Deeds, it shall be the duty of any such officer to determine whether such proposed map, plan, plat or replat is or is not subject to the provisions of the Ordinance and whether the endorsements required by this Ordinance appear thereon, and no register of deeds or deputy shall accept for record, or record, any such map, plan, plat or replat unless and until the same shall have been approved by the County Commissioners of such municipality.

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ARTICLE 3

DESIGN STANDARDS

SECTION 301 - General Standards.

Land within the proposed subdivision which the Planning and Zoning Commission finds to be unsuitable for subdividing due to flooding or bad drainage shall not be subdivided until the objectionable features have been eliminated or until adequate safeguards against such objectionable features are provided. SECTION 302 - Streets and Alleys.

1. Streets in the subdivision normally shall connect with streets already dedicated in adjoining or adjacent subdivisions.

2. Minor residential streets should be planned as to discourage through traffic. Permitted cul-de-sacs shall not be longer than four hundred (400) feet and shall terminate with a turn-around having a curb line diameter of not less than eighty (80) feet.

3. Centerline off-sets of intersecting streets shall be avoided, but where necessary shall be not less than one hundred fifty (150) feet.

4. Blocks in residential subdivisions shall be not less than three hundred (300) feet long and not more than one thousand two hundred (1,200) feet long.

5. Half streets shall be prohibited except where essential to the reasonable development of the subdivision or where it is found to be practical to require the dedication of the other half when adjoining property is subdivided.

6. Under normal conditions streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. More than four (4) approaches to any intersection shall be prohibited.

7. Alleys shall be provided in Commercial and Industrial districts except where other definite and assured provision is made for service access.

8. The right-of-way widths and pavements widths (back-to-back of curb) for interior streets and alleys included in any subdivision shall not be less than the minimum dimensions for each classification as follows:

Type Pavement Width R.O.W.Major Arterial Streets 66’ 80’Local Streets 46’ 66’Alleys 16’ 20’

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SECTION 303 – Lots.

1. Side lot lines shall be approximately at right angles to straight street lines or radial to curved street lines.

2. Every lot shall abut and have access to a public street.

3. Double frontage lots shall be avoided except where they back upon a major street.

SECTION 304 – Easements.

1. Easements on rear or side lot lines shall be provided for sanitary sewers where necessary and shall be a total of at least ten (10) feet wide on each side.

2. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way of such width as will be adequate for both water flow and maintenance operations.

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ARTICLE 4

IMPROVEMENTS

SECTION 401 – Improvements.

It shall be the responsibility of the developer to install in accordance with plans, specifications, and data approved by the Zoning Administrator certain required improvements as follows:

1. Staking.

The external boundaries and corners of each block and lot shall be monumented by iron rods, pipes, or pins not less than one (1) inch in diameter and extending at least twenty-four (24) inches below grade.

2. Street Grading.

All full width streets located entirely within the boundary of the subdivision, except major and collector streets, shall be graded to a minimum width of nine (9) feet back of both curb lines to within six (6) inches of the grade established by the Zoning Administrator.

3. Street Surfacing.

The streets shall be paved in accordance with street improvement and paving standards and regulations approved by the County Commissioners of Beadle County, South Dakota.

4. Sanitary Sewer.

Where a municipal sanitary sewer is accessible by gravity flow within 500 feet of the final plat, the subdivider shall submit to the County Commissioners the plans for connection with a trunk line to the existing system. The County Commissioners shall then inform the subdivider of the trunk size requirements as per anticipated development in the general area. Where a municipal sanitary sewer is not accessible by gravity flow within 500 feet of the final plat, the subdivider shall make provision for the disposal of sewerage as required by law. Where a municipal sanitary sewer accessible by gravity connection is not within 500 feet of the final plat, but where plans for the installation of city sanitary sewers within such proximity to the plat have been prepared and construction will commence within twelve (12) months from the date of the approval of the plat, the subdivider shall be required to install sewers in conformity with such plans.

5. Water Mains.

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Where a public water supply is within five hundred (500) feet of a proposed subdivision, the subdivider shall install, or have installed, a connection to each lot prior to the paving of the street, as according to the County Code(s) requirement(s). Where a public water supply is not available, each lot in a subdivision shall be furnished with a water supply system and proper provisions for the maintenance thereof. Any lot so serviced shall have a minimum area of one-half (1/2) acre. The design of any such system shall be subject to the approval of the State Department of Health.

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ARTICLE 5

ENFORCEMENT

SECTION 501 – Enforcement.

1. No plat of any subdivision within the application of this Ordinance shall be entitled to be filed or recorded in the office of the Register of Deeds or have any validity until such plat has been prepared, approved, and acknowledged in the manner prescribed by this Ordinance.

2. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land for building purposes as a part of or in conformity with any plat, plan, or replat of any subdivision within the area subject to application of this Ordinance unless said plan, plat, or replat shall have been approved as prescribed by this Ordinance and filed and recorded in the office of the Register of Deeds.

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ARTICLE 6

PENALTY

SECTION 601 – Penalty.

It is declared unlawful for any person, firm, or corporation to violate any of the terms or provisions of this Ordinance. Violation thereof shall be a misdemeanor and may be punishable by a fine established by the County Commissioners for each and every day that any violator fails to comply with the provisions of this Ordinance.

Any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent Beadle County from taking such other lawful action as is necessary to prevent any violation.

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ARTICLE 7

SEVERABILITY CLAUSE

SECTION 701 - Severability Clause.

Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the regulations as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

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ARTICLE 8

LEGAL STATUS PROVISIONS

SECTION 801 - Conflict with Other Regulations.

No final plat of land within the force and effect of the Zoning Ordinance shall be approved unless it conforms to these Regulations. Whenever there is a discrepancy between standards or dimensions noted herein and those contained in the Zoning Ordinance, building code, or other official regulations or ordinances, the most restrictive shall apply.

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APPENDIX B

ZONING DEFINITIONS

For the purpose of this Ordinance, certain terms and words used herein shall be interpreted as follows:

A 25-year, 24-hour Storm Event is the amount of rainfall in a 24-hour period expected to occur only once every 25 years. Typically, the 25-year, 24-hour storm event is about 5 inches in Beadle County.

Abandoned Property - Any deteriorated, dilapidated, and/or abandoned property in unusable condition having no value other than nominal scrap or junk value.

Accessory Use or Structures - A use or structure on the same lot with and of a nature customarily included or subordinate to the principle use or structure.

Agriculture – The use of land for agricultural purpose including farming, dairying, raising, breeding, or management of livestock, poultry, or honey bees, truck, gardening, forestry, horticulture, floriculture, viticulture, and the necessary accessory uses for packaging, treating or storing the produce providing that the operation of any such accessory use shall be secondary to the normal agricultural activities. This definition shall not include intensive agricultural activities such as concentrated animal feeding operations and agribusiness activities.

Alley: A public right-of-way which is used primarily as a secondary means of access to the abutting property.

Anaerobic Lagoon - An impoundment used in conjunction with an animal feeding operation, if the primary function of the impoundment is to store and stabilize organic manure, the impoundment is designed to receive manure on a regular basis, and the impoundment's design manure loading rates provide that the predominant biological activity is anaerobic. An anaerobic lagoon does not include any of the following:

1. A confinement feeding operation structure.

2. A runoff control basin which collects and stores only precipitation induced runoff from an open feedlot.

3. An anaerobic treatment system which includes collection and treatment facilities for all gases.

Animal Feeding Operation Structure - An anaerobic lagoon, formed manure storage structure, egg wash water storage structure, earthen manure storage basin, or confinement building.

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Animal Manure - Poultry, livestock, or other animal excreta or mixture of excreta with feed, bedding or other materials.

Animal Unit – Animal species and number of a species required to equal 500, 1,000 and 2,000 animal units.

Applicant - An individual, a corporation, a group of individuals, partnership, joint venture, owners, or any other business entity having charge or control of one or more concentrated animal feeding operations.

Aquifer - A geologic formation, group of formations or part of a formation capable of storing and yielding ground water to wells or springs.

Block – A track or parcel of land bounded by public streets or land, streams, railroads, un-platted abutting property.

Board – A board of county commissioners. As established in chapter SDCL 7-8;

Breeding place for flies, rodents and/or pests - The unhealthy and unnecessary accumulation of garbage, debris or discarded items which are determined to be a potential breeding area for flies and rodents.

Building - Any structure designed or intended for the support, enclosure, shelter, or protection of persons or property. The word includes the word structure and is a structure which is entirely separated from any other structure by space or by wall in which there is not communicating doors, windows, or similar openings. A principal building including covered porches and paved patios is a building which is a primary use. In any residential district, any dwelling shall be deemed to be the principal building on the lot.

Building Area - The portion of a lot remaining after required setbacks and widths have been determined.

Building Official - As used in this Article it shall mean the Zoning Administrator, Sheriff's Deputy, or an Official authorized by the Beadle County Commissioners with the enforcement of this Article, in conjunction with the Town/Township Board.

Best Management Practices (BMP) -Schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMP's also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, manure disposal, manure application, waste or manure stockpiles, or drainage from raw material storage.

Bypass - The intentional diversion of waste streams from any portion of a treatment facility.

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Change in Operation - A cumulative increase of more than 500 animal units, after (date),which are confined at an un-permitted concentrated feeding operation.

Child Care Facility - Any facility providing care and/or instruction for children not residing in the premises with such care being on a regular basis for a fee. All such facilities shall comply with applicable state licensing requirements. For purpose of density control in zoning districts, these facilities shall be divided into three classes:

1. Class I - Care for one through six children including those residing on the premises under the age of twelve. Such facilities do not require any local permit or inspection;

2. Class II - Care for more children than allowed in Class I up to a maximum of twelve not residing on the premises. Fencing and local inspections for fire, safety, health, and building code compliance are required;

3. Class III – Care for thirteen or more children not residing on the premises. Fencing and local inspections for fire, safety, health, and building code compliance are required.

All such facilities shall be permitted uses in churches or similar nonprofit institutions, provided they comply with all licensing, fencing, and inspection requirements pertaining to the class of the facility.

Chronic or Catastrophic Event - A single precipitation event, or a series of rainfall events in a short period of time, that totals or exceeds the volume of a 25-year, 24-hour storm event. The event includes tornadoes, or other catastrophic conditions. The event would directly result in, or cause, an overflow from the containment structure or lagoon that receives and contains runoff from an open lot.

Commission or Drainage Board – Any county Drainage board created under the terms of this chapter;

Common Ownership - A single, corporate, cooperative or other joint operation or venture.

Comprehensive Plan – A long-range plan for the improvement and development of Beadle County, South Dakota, as adopted by the Planning Commission and the County Commissioners.

Concentrated Animal Feeding Operation – A lot, yard, corral, building or other area where animals have been, are, or will be stabled or confined for a total of 45 days or more during any 12-month period, and where crops, vegetation, forage growth, or post harvest residues are not sustained over any portion of the lot of facility. Two or more animal feeding operations under common ownership are single animal operation if they adjoin each other, or if they use a common area, or system for disposal of manure.

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Conditional Use - A conditional use is a use that would not be appropriate generally or without restrictions throughout a zoning district, but which if controlled as to number, area, location, or relations to the neighborhood, would promote the public health, safety, welfare, appearance, comfort, convenience, prosperity, and general well being. Such uses may be permitted in a zoning district as conditional uses, if specific conditions are defined by the Beadle County Planning and Zoning Commission and the County Board of Commissioners. Such uses may be permitted in such zoning division or district as conditional uses, as specific provisions for such exceptions is made in these zoning regulations. The Board of Adjustment may, after notice and hearing, revoke a conditional use in the event of a violation of any of such conditions. In addition, the conditional use permit may not be transferred during any violation.

Confinement Feeding Operation - A totally roofed animal feeding operation in which wastes are stored or removed as a liquid or semi-liquid.

Confinement Feeding Operation Structure - A formed manure storage structure, egg washwater storage structure, earthen manure storage basin, or confinement building. A confinement feeding operation structure does not include an anaerobic lagoon.

Cul-de-sac – A street having one end connecting with a public street and being terminated as its other end by a vehicular turn-around.

Density - Pertaining to the number of dwelling units per net acre or gross acre, as indicated for the appropriate zoning district and new subdivisions.

Domestic Animal - Any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind. For the purpose of this ordinance the definition shall include, but is not limited to, animals commonly raised on farms and ranches, such as cattle, horses, hogs, sheep and mules.

Dwelling, Single Family - A residential dwelling unit other than a mobile home, designed for one family.

Dwelling, Multiple Family - A residential building designed for two or more families living independently of each other, completely.

Dwelling Unit - One room or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or long term basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking, bathroom, and sleeping facilities.

Earthen Manure Storage Basin - An earthen cavity, either covered or uncovered, which, on a regular basis, receives waste discharges from a confinement feeding operation if accumulated wastes from the basin are removed at least once each year.

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Engineer – A professional, registered engineer;

Established Building Site - An established building site shall have been used in the past as a farmstead for a normal farming operation. Any residence established for more than ten (10) years shall become an established building site.

Established Residence - Any residence established by a personal presence, in a fixed and permanent dwelling and an intention to remain there.

Exceptions - Something that does not conform to a rule.

Family – One or more individuals, related by blood or law, occupying a dwelling unit and living as a single household unit. A family shall not include more than three (3) adults who are unrelated by blood or law. In addition to persons actually related by blood or law, the following persons shall be considered related by blood or law for the purposes of this title: (1) A person residing with the family for the purpose of adoption; (2) Not more than six (6) persons under licensed or approved by a governmental agency; (3) Not more than four (4) persons nineteen (19) years of age or older residing with the family for the purpose of receiving foster care licensed or approved by a governmental agency; and (4) any person who is living with the family at the direction of a court.

Farm Equipment defined. In this chapter, the term, farm equipment, includes any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers.

Feedlot – Feedlot means pens or similar areas with dirt, or concrete (or paved or hard) surfaces. Animals are exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed type areas. Feedlot is synonymous with other industry terms such as open lot pasture lot, dirt lot, or dry lot.

Feedlot Operator - An individual, a corporation, a group of individuals, partnership, joint venture, owners, or any other business entity having charge or control of one or more concentrated animal feeding operations.

Formed Manure Storage Structure - A structure, either covered or uncovered, used to store manure from a confinement feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials.

Floor Area - The sum of all gross horizontal enclosed area of the floors of the building(s) and its accessory building(s) on the same lot, excluding basement floor areas and non-enclosed portions of the structure.

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Game Lodge – A building or a group of two (2) or more detached, or semi-detached, or attached buildings occupied or used as temporary abiding place of sportsmen, hunters and fishermen, who are lodged with or without meals, and in which there are sleeping quarters.

Hobby Farm – A parcel of land, together with fields, buildings, animals and implements, the residents of which may raise crops of livestock primarily for pleasure or a pastime, which does not generate a principal source of income for those residents.

Home Occupation - An occupation conducted in a dwelling unit provided that:

1. No more than two other persons, in addition to the 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 subordinate to its use for residential purposes by its occupants. No more than 30 percent of the floor area is allowed for such occupation.

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 FEET in area, non-illuminating and mounted flat again the wall of the principal building.

4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and may the need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

5. No equipment or process shall be used in such home occupation which created noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.

Horticulture - The art or science of growing flowers, fruit, and vegetables.

Housed Lot - A totally roofed buildings that may be open or completely enclosed on the sides. Animals are housed over solid concrete or dirt floors, slotted floors over pits or manure collection areas in pens, stalls or cages. Housed lot is synonymous with other industry terms such as slotted floor buildings.

Improvements – Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading street signs, planning, and other items for the welfare of the property owners and the public.

Junk Yards - The use of more than seven hundred fifty (750) square feet of open storage on any lot, portion of a lot, or tract of land for the sale, storage, keeping, or abandonment of junk, scrap metal, or salvageable materials, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.

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Jurisdictional Area - The 3-Mile Area located outside the city municipality, designated by the Intergovernmental Agreement, that falls under the joint jurisdiction of the County and City. Also included will be the Lake Front Residential District ("LFR"), as defined in Article 14A Article 12 of these Ordinances.

Kennel - Any premise, or portion thereof, where dogs, cats, and other household pets are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

Landowner or owner – Any individual, firm, or corporation, public or private, or public agency, who has legal title to real property as shown by the records of the register of deeds of the county in which the real property is situated. If the real property is sold under a contract for deed and the contract is of record in the office of the register of deeds for the respective county, both the recorded owner of the real property and the purchaser as named in the contract for deed and deemed owners of the real property;

Landscaped Area - An area that is permanently devoted and maintained for the growing of shrubbery, grass or other plant material, and may include minor areas with non-living ground cover. Said minor areas will exclude the street right-of-way.

Landscaped Setback - Part of the designated yard required to be landscaped according to the provisions of this section.

Letter of Assurances - A list of conditions signed by the applicant for a permit acknowledging agreement to follow the conditions of the permit.

Lot - For the purpose of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. A portion of a subdivision of other parcel of plotted land, intended as a unit for transfer of ownership or for development.

Lot Frontage - The front of a lot shall be construed to be the portion nearest the street. For purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards as defined herein.

Lot Measurements:

1. DEPTH - of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and their rearmost points of the side lot lines in the rear; and

2. WIDTH - of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot.

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Lot of record – A tract of land described as an integral portion of a subdivision plat which is property recorded in the Register of Deeds Office of Beadle County, South Dakota.

Lot Types - Any lot within the jurisdiction of this Ordinance shall be one of the following types:

1. CORNER LOT - A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting a curved street will be considered a corner lot if the interior angle of the side lot lines are less than 135 degrees.

2. INTERIOR LOT - An interior lot is defined as a lot other than a corner lot with only one frontage on a street.

3. THROUGH LOT – A through lot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two street may be referred to as double frontage lots.

Major renovation - Reconstruction and/or renovation/remodeling of an existing structure to the extent of 75% or more of the replacement cost of said structure. Replacement cost shall be determined by use of the Marshall Swift Program which is used by the Beadle County Director of Equalization Office.

Man-made - A pipeline, ditch, drain, tile, terrace, irrigation system, machine, or other object that carries manure, wastewater, or runoff into waters of the state.

Manure Management System - Any piping, containment structures, and disposal appurtenances associated with the collection, storage, treatment, and disposal of manure or wastewater at an concentrated animal feeding operation.

Mobile Home – A one-family dwelling unit of vehicular, portable design, built on a chassis and designed to be moved from one site to another and to be used without a permanent foundation.

Mobile home means any vehicle or similar portable structure having been constructed with wheels (whether or not such wheels have been removed) and having no foundation other than wheels, jacks or skirtings, and so designed as to permit occupancy for dwelling or sleeping purposes.

Mobile Home Park – Any premises where more than two mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for two or more mobile homes for living and sleeping purposes, and which include buildings, structures, vehicles, or enclosure used or intended for use of storing a vehicle. All proper utilities must also be present for said living quarters.

Modular Home – A structure or building module that is manufactured at a location other than the site upon which it is installed and used as a residence; transportable in one or more

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sections on a temporary chassis or other conveyance device; and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. This term includes the plumbing, heating, air conditioning, and electrical systems contained within the structure.

Motor vehicle defined. In this chapter, the term, motor vehicle, includes all vehicles or machines, trailers, semitrailers, recreational vehicles, truck tractors, road tractors, and motorcycles propelled by any power other than muscular and used upon the public highways for the transportation of persons or property, or both, including traction engines, road rollers, farm wagons, freight trailers.

Municipality – A city or town, however organized, as defined in SDCL 9-1-1;

Natural Drain – A drainage system which operates as part of a natural water course, as defined in this section.

Natural water Course –A fixed and determinate route by which water naturally flows from one parcel of real property to another due to the conformation of the land and by which water is discharged upon the land receiving the water. It is not necessary that the force of the flow of the water be sufficient to form a channel having a well defined bed or banks.

Natural Wetland. A natural depression or low area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes low areas, which are normally farmed or farmable and which, if improved by draining or filling, would permanently contribute to the natural watercourse.

Nonconforming Use - Any building or land lawfully occupied by a use at the time of passage of this Ordinance, which does not conform after passage of this Ordinance.

No-till Cropland - Land which is subject to a conservation farming practice: where the soil is left undisturbed from harvest to planting; where planting or drilling is done in a narrow seedbed or slot created by coulters, row cleaners, disk openers, or in-row chisel; and where this conservation practice has been ongoing for at least four consecutive years to establish the soil characteristics necessary to reduce or eliminate erosion from runoff.

Open Concentrated Animal Feeding Operation - An un-roofed or partially roofed animal feeding operation in which no crop, vegetation, forage growth or post-harvest residues are maintained during the period that animals are confined in the operation.

Open Lot (Agriculture) - Pens or similar confinement areas with dirt, or concrete (or paved or hard) surfaces. Animals are exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed type shade areas. Open lot is synonymous with other industry terms such as pasture lot, dirt lot or dry lot.

Other - Any like and similar condition or conditions.

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Permit -Required by these regulations unless stated otherwise.

Plat – A map, drawing, or chart on which the subdivider’s plan of the subdivision is presented and which he submits for approval and which will be recorded in final form.

Potential Pollution Hazard - A Concentrated Animal Feeding Operation of 100 to 500 Animal Units may be classified as a Class D Operation by the County Zoning Officer when a Potential Pollution Hazard exists. Factors to be considered by the Zoning Officer in determining a Potential Pollution Hazard include the following:

1. The Concentrated Animal Feeding Operation does not meet the minimum setback and separation distances of these regulations.

2. A Potential Water Pollution Hazard exists due to sitting over a shallow aquifer or drainage which contributes to the waters of the State.

Premises - A lot or parcel of land, improved or unimproved.

Process Generated Wastewater - Water directly or indirectly used in the operation of an animal feeding operation. The term includes spillage or overflow from watering systems; water and manure collected while washing, cleaning or flushing pens, barns, manure pits or other areas; water and manure collected during direct contact swimming, washing or spray cooling of animals; and water used in dust control.

Process Wastewater - Any process generated wastewater and any precipitation (rain or snow) that comes into contact with the animals, manure, litter or bedding, feed, or other portions of the animal feeding operation. The term includes runoff from an open lot.

Producer - The owner or operator of the concentrated livestock feeding operation.

Public Utility Substation - An area where facilities are provided for the distribution of telephone, radio communications, water, gas, and electricity.

Residential Development Area - An area of land that is located in a residential zoning district or an area consisting of three (3) or more dwelling units within a 500 foot radius.Resorts - Lodging, restaurant, bait shop, marina, or any combination of these.

Right-of-way – A strip of land separating private property from the existing road, street or alley or dedicated in public ownership.

Rural or Rural Area – Any territory outside a municipality as defined in SDCL 9-1-1;

Sediment Basin - A basin constructed to trap and store water-born sediment and debris.

Setbacks – Refer to structures

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Severe Property Damage - Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Shall - The condition is an enforceable requirement of this permit.

Shallow Aquifer - An aquifer vulnerable to contamination because the permeable material making up the aquifer (a) extends to the land surface so percolation water can easily transport contaminants from land surface to the aquifer, or (b) extends to near the land surface and lacks a sufficiently thick layer of impermeable material on the land or near the land surface to limit percolation water from transporting contaminants from the land surface to the aquifer.

Shallow Well – A well which is located in a shallow aquifer.

Should - The condition is a recommendation. If violations of the permit occur, the Board of Adjustment will evaluate whether the producer implemented the recommendations contained in this permit that may have helped the producer to avoid the violation.

Shelterbelt - A strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreational areas, and wildlife from wind.

Signs - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, however, the following signs will not be governed within this Ordinance:

1. Signs not exceeding One Square Foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification not having a commercial connotation.

2. Flags and insignia of any government except when displayed in connection with commercial promotion.

3. Legal notices; identification, informational, or directional signs erected or required by governmental bodies.

4. Integral decorative or architectural features of building, except letters trademarks, moving parts, or moving lights.

5. Signs directed and guiding traffic and parking on private property, but not bearing on advertising matter.

Sign, Off-Site (Billboards) - A sign other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards.

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Sign, Exterior On-Site - A sign that is erected for purpose of being visible from the outside of the building or structure relating to said building or structure. Such signs will be regulated within this Ordinance.

Sign, Interior On-Site - A sign on the interior of the structure relating to subject matter to the premises which it is located, or to products, accommodations, services, or activities available on the premises. As long as any such sign is not normally visible from the exterior of the premises, it will not be regulated by this Ordinance.

Significant Contributor of Pollution - To determine if a feedlot meets this definition, the following factors are considered:

1. Size of feeding operation and amount of manure reaching waters of the state;

2. Location of the feeding operation in relation to waters of the state;

3. Means of conveyance of manure and process wastewater into waters of the state; and

4. The slope, vegetation, rainfall and other factors affecting the likelihood or frequency of discharge of animal manure and process wastewater into waters of the state.

Solid Waste - (reference SDCL 34A-6-1.3, 17.) Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial and agricultural operations and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges with are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1989, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1989.

Solid Waste Facility or Solid Waste Disposal Facility - (reference SDCL 34A-6-1.3,18.) All facilities and appurtenances connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained or operated to facilitate the disposal or storage of solid waste.

Solid Waste Management System -(reference SDCL 34A-6-1.3, 19.) The entire process of storage, collection, transportation, processing and disposal of solid wastes by any person.

Street – A right-of-way, dedicated to public use, which affords a primary means of access to the abutting property.

Street Line - The lot line abutting right-of-way line.

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Street-collector – Provides for traffic movement between major arterials and local streets, and direct access to abutting property.

Street-local – Provides for direct access to abutting land, and for local traffic movements.

Street-major – Provides for the through traffic movement between areas and across the city, and direct access to abutting property; subject to necessary control of entrances, exits, and curb use.

Structure - Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include, butnot limited to, buildings, mobile homes, walls, signs, billboards, and poster panels.

Subdivider – A natural person, firm, co-partnership, association or corporation who submits a proposed subdivision to the Planning Commission.

Subdivision – The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, or transfer of ownership or building development.

3-Mile Area and Lake Front Residential District – Unless the Board of County Commissioners deems an area in the 3-mile area or Lake Front Residential District to be abated under this ordinance, they will be covered under Article 12.

Telecommunications Facilities – Means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a Tower or Antenna Support Structure. However Telecommunications Facilities shall not include:

1. Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial: or

2. Any satellite earth station or antenna one (1) meter or less in diameter, regardless of zoning category.

Tower - Means a self supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term Tower shall not include amateur radio operators’ equipment, as licensed by the FCC.

Tree - A tree which is required by this ordinance and meets or exceeds the following minimum specifications according to tree type:

Deciduous ornamental tree - A minimum of one inch caliper measured at a point six inches above immediate ground level when planted and normally growing to a height less than 30' at maturity.

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Deciduous shade tree - A branched tree of a minimum of one inch caliper measured at a point six inches above immediate ground level when planted and normally capable of reaching a mature height of 30' or more.

Evergreen or coniferous tree - A minimum height of four feet measured above immediate ground level when planted.

Street tree - Trees used for street tree planting shall be hard maple, American linden or basswood, hackberry, ash, honey locust and other types as may be approved by the Park and Recreation Department.

Travel Trailer - A vehicle built on a chassis designed to be used as a temporary dwelling for travel and/or recreational uses. The body of this vehicle has a width not exceeding eight (8) feet.

Truck or Trailer Terminal - Any lot, structure, or premises used for the parking or storage of capital equipment such as trucks, trailers, or other like equipment.

Unauthorized Releases - The discharge of water from the lower end of the treatment or containment system through a release structure or over or through retention dikes. An unauthorized release is distinguished from a bypass in that a bypass discharges wastewater prior to any treatment or containment.

“Unlicensed” defined. In this chapter, the term, unlicensed, includes all motor vehicles and farm equipment that are not registered pursuant to SDCL 32-5.

Variance - A variance is a relaxation of the terms of the Zoning Ordinance where such variance is in relation to the regulations set forth onto the property and not a result of the actions of the applicant, a literal enforcement of the Ordinance would result in the unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall no be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. This is not to be confused with a Conditional Use.

Water course, drainage way, channel or stream – A natural or man-made depression in which a current of surface run-off water flows following precipitation.

Water Management Board – The state board created in SDCL 1-40-15;

Waters of the State - All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.

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Wetlands – Any area where ground water is at or near the surface a substantial part of the year; thee boundary of which shall be defined as the area where the emergent aquatic vegetation ceases and the surrounding upland vegetation begins.

Yard - A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure form thirty (30) inches above the grade of the lot upward.

Yard, Front - A yard extending between side lot lines across the front of a lot adjoining a public street. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, Side - A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street.

In the case of through lots, side yards shall extend from the rear lines of front yards required. In case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards.

Width of required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, Rear - A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yard, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Zoning Administrator - The individual(s) appointed by the Board of County Commissioners and designated to administer and enforce the zoning ordinance.

Zoning Complaints - All zoning complaints must be in writing and signed.

Zone A - The 1% annual chance flood (100 year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V and VE. The Base Flood Elevation is the water-surface elevation of the 1% annual chance flood.

Zone X (shaded) – Areas of .2% annual flood chance; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood.

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