ARTICLE 1 - Beadle County, South Dakota -beadle.sdcounties.org/files/2010/07/Title-1-Beadle... ·...

TITLE 1

ZONING

1

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.

2

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. When a provision of any federal or state law is greater in requirements than these ordinances, then that law will govern.

3

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.

4

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.

5

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 than herein required; or in any other manner contrary to the provisions of the Ordinance:

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;

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.

6

SECTION 406 - Unclassified or Unspecified Uses.

Unclassified or unspecified uses may be permitted throughout zoning ordinance provisions 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.

7

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. Agricultural District

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

4. Residential District (R-1) (Joint Jurisdiction)

5. Rural Municipality Residential District (R-2)

6. Lake Front Residential District (R-3)

7. Urban/rural Residential District (R-7) (Joint Jurisdiction) (Morningside)

8. Commercial District (C)

9. Highway Commercial District (HC)

10. Limited Business (B1)

11. General Business Zone (B-3)

12. Industrial District (City I-2) (Joint Jurisdiction)

13. Rural Municipality Industrial District (I-3)

14. Limited Highway Commercial (B-4) (Joint Jurisdiction)

15. Heavy Highway Commercial (B-5) (Joint Jurisdiction)

16. Supplementary District Regulations

17. Non Conforming

18. Special Provisions

19. Administartion and Enforcement20. County Planning and Zoning Commission

8

21. County Planning and Zoning Commission Power and Duties

22. Appeals

23. Schedule of Fees

24. Amendments

25. Violations and Complaints

26. Legal Status Provisions

27. Zoning Definitions

9

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.10

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.

11

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

12

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.

13

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.


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;

14

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.

15

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.;

16

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) with conditions stated in this ordinance;

42. Wireless Telecommunication Towers and Facilities with conditions stated in this ordinance;

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 through the variance process to the zoning 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. The maximum number of approaches is set by State Law.

SECTION 706 - Minimum Yard Requirements.

1. There shall be a minimum front yard 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.

17

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 will front on a right-of-way dedicated to public use or have an ingress/egress 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.

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 set back a minimum of 160 feet from the shoulder of the road. 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 of the road. 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.

18

SECTION 710 - 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. (See Appendix)

19

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 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 of AU is proposed beyond what a current State permit allows;3. An expansion of AU is proposed which would result in a classification of Class

A or Class B;4. 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 for CAFO.

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.

3. Notify the body maintaining access road to facility (Township, County,

20

and/or State).4. Notify the entity supplying water to the facility, if any.

The County shall notify by U.S. mail all property owners within 1 mile or the minimum separation distance, whichever is greater, 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, any expansion of a Class A CAFO or other CAFOs expanding to a new Class shall comply with the minimum separation requirements in Tables 1 and 2 of this section.

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 new technology, management practices, topographic features, soil conditions, or other factorsthat substantiate a reduction in the minimum separation criteria through an application for a variance. The variance must be approved before beginning operation.

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

21

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

Designated 100-year Flood plain Prohibited Prohibited Prohibited Prohibited

Table 2: Minimum Separation Distance (defined as radius) Concentrated AnimalFeeding Operations

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

22

Class A Class B Class Class D

Class B Class C Class D Class A

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 or recommendations 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.

Surface Applied

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

SECTION 807 – Flood Plain Limitations:

1. The following uses are prohibited in Zone A:

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

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

c. Stockpiling of solid waste.

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

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

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

SECTION 808 - 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 must also be signed.


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.

ARTICLE 9

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

SECTION 901 – Statement of Intent.

The intent of the “R-0” Large Lot Residential District in the Joint Jurisdiction Zoning 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 I.

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 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;

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.


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 zoning board of adjustment through the variance process 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. 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. The minimum lot frontage shall be three hundred feet.

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

4. The minimum rear yard shall be fifty feet.

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

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

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

SECTION 907 – Additional Requirements.

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

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

3. All lots within this district shall be platted.


Requests for variances or conditional use permits in the “R-0” District will be heard by the Joint Planning and Zoning 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 and Zoning Commission will be forwarded to City Commission and County Commission for their consideration and action.


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.


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.


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.


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.

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

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

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.


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 1006 – Minimum/Maximum Requirements.

Requirements within the “R-1” One Family Residential District shall be as follows:

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

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

3. 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.


1. All lots within this district shall be platted.


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.












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.

ARTICLE 10A

URBAN/RURAL RESIDENTIAL DISTRICT (R7) (MORNINGSIDE)

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 1002 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 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.

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 1003 and as regulated therein.

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

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 1004 as regulated therein.

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.

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.

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.

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.

ARTICLE 11

RURAL MUNICIPALITY RESIDENTIAL DISTRICT (R-2)


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.


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.


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;

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

12. Mobile Home Park.

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.


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.

ARTICLE 12

LAKE FRONT RESIDENTIAL (R-3)


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.

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.


After the provisions of this Ordinance relating to a conditional use have been fulfilled, the Planning Commission/Board of Zoning Adjustment/ may permit as conditional uses 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.


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 above mean sea level.

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.


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;

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.

Prior to receiving a building permit for new residential structure the applicant for the permit must sign and file in the register of deeds office a Right to Farm Notice Covenant contained in this ordinance.

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 City of Huron Zoning Ordinance: and

10. Child care facilities, Class I and II.


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

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.

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;

6. Swimming pools;

7. Research and development laboratories.

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.


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 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.


SECTION 1309 - Minimum Shelterbelt Setback.


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 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.

ARTICLE 14

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

SECTION 14-01 – 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 14-02 – 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;

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:

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);

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;

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;

98. Trade School;

99. Transportation center;

100. Travel bureau;

101. Variety store; and

102. Wholesale office and warehouse.

SECTION 14-03 – 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.

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 14-04 – 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 14-05 – 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 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 14-06 – 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.


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.


SECTION 14-07 – Additional Requirements.

1. Platting Required.



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 14-08 – 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 14-09 – Protection of Natural Waterways.


SECTION 14-10 – Minimum Shelterbelt Setback.


SECTION 14-11 – 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.


SECTION 14-12 – Private Sewage Disposal Systems.



SECTION 14-13 – 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.

ARTICLE 15LIMITED HIGHWAY COMMERCIAL DISTRICT (B-4)

SECTION 15-01 – 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:


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;

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;

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;

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.


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 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 City of Huron Zoning Ordinances;

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.


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 City of Huron Zoning Ordinances;

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

7. Signs as regulated by this title and City of Huron Zoning Ordinances.

SECTION 15-05 – Minimum Requirements.

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

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 15-06 – Stony Run Creek Drainage Way.

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

SECTION 15-07 – 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 15-08 – Lawful Use of Existing Structures and Property.

As noted in City of Huron Zoning Ordinances 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 City of Huron Zoning Ordinances Chapter 23.10.

ARTICLE 16HEAVY HIGHWAY COMMERCIAL DISTRICT (B-5)

SECTION 16-01 – 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:


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

1. Those uses permitted in Section 15-21 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;

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 City of Huron Zoning Ordinances 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;

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.


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 City of Huron Zoning Ordinances Chapter 23.36;

4. 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, 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.


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

1. Any use permitted in Section 15-23 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 16-05 – 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;

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 16-06 – Stony Run Creek Drainage Way.

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

Section 16-07 – 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 16-08 – Lawful Use of Existing Structures and Property.

As noted in City of Huron Zoning Ordinances 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 the City of Huron Zoning Ordinances Chapter 23.10.

SECTION – Variances.

Requests for variances or conditional use permits in the “B-5” 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 – 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 – Minimum Shelterbelt Setback.


SECTION – Approaches.



SECTION – Private Sewage Disposal Systems.



SECTION – Enforcement.

The enforcement of the “B-5” 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 17

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

9. Bicycles and toys;

10. Billboards and signs;

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;


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.;

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.


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

1. Automobile reduction yard;

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

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

4. Emery cloth or sandpaper manufacturing;

5. Enameling, lacquering or japanning;

6. Flammable liquid storage;

7. Flour or grain mill;

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

9. Junkyard;

10. Meat packing, including a stockyard;

11. Millworks;

12. Open sales lots;

13. Planing mill, lumber mill and veneer manufacturing;

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

15. Printing ink manufacturing;

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

17. Sand blasting or stone cutting;

18. Sewage disposal plant or incinerator;

19. Steam or diesel power plants; and

20. Trucking terminal.

SECTION 1704 – Permitted Accessory Uses.

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

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.


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.


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.

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.



1. Platting.



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.


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












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)


The intent of the General Industrial District (I) is to provide space for certain types of industrial, manufacturing, 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;

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;


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;

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;

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;


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.


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.

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 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 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 conditional use permit, provided, that the proposed mobile home park meets all of thefollowing requirements:

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.

ARTICLE 20

NONCONFORMING LOTS, NONCONFORMING USES OF LAND,NONCONFORMING STRUCTURES, NONCONFORMING USES OF

STRUCTURES AND PREMISES, AND NONCONFORMINGCHARACTERISTICS OF USES


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 these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities 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 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, which 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 or joint 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, or 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 diminishs 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.

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.

ARTICLE 21

COMMERCIAL DISTRICT (C)


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 2102 – 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

10. Rental storage units.


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;


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


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 2106 - Maximum Lot Coverage.

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

ARTICLE 22

HIGHWAY COMMERCIAL DISTRICT (HC)


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, 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.


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;

9. Vehicle repair and services;

10. Re-upholstery and furniture repair services;

11. Contract construction service;

12. Bus garaging and equipment maintenance;


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;

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.


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


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.


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.

ARTICLE 23SITING OF WIND ENERGY SYSTEMS (WES)

SECTION 23-01 – 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 23-02 - 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 23-03 - 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 23-05 - 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 23-06 - 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 24

WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES.

SECTION 24-01 - 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 24-02 - 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 24-03 - 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 24-04 - 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 24-05 - 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 24-06 - 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 24-07 - 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 24-08 - 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 24-09 - 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:

B. 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.

C. 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.

D. 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 24-10 - 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 24-11 - 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 24-12 - 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 24-13 – 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 25

SPECIAL PROVISIONS

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.

1. 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:

a. Antenna, radio, and TV;

b. Church spires and steeples;

c. Belfries;

d. Water towers (private);

e. Flag poles;

f. Smokestacks;

g. Cooling towers

h. Elevator penthouse.

i. 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.

2. 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.

3. SIDE YARD ALLOWANCES.

In any "R" district, wherever a platted block or otherwise subdivided area has A RESIDENTIAL DWELLING upon an existing lot and due to a zoning ordinance change, the existing side yard setback line is less than required under zoning law as changed, the side yard setback line for expansions or additions to existing principle dwelling or attached accessory building may be reduced below the minimum which would be required but shall in no case be less than the setback line of the existing structure.

4. RESIDENTIAL FRONTAGE.

No residence shall hereafter be erected upon any parcel unless such parcel abuts upon a street for at least twenty (20) feet.

5. 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.

6. 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.

7. 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.

8. 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. (

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.

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.

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 or 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.

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.

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 multi-building 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,

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.

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).

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.

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.

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.

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 or within the minimum separation distance/set back, if applicable, whichever is greater, 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 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 shall 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 Application.

1. 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:

a. Site plan drawn at scale showing dimensions;

b. Location of all buildings, heights, and square footage;

c. Curb cuts, driveways, parking spaces;

d. Off-street loading areas;

e. Drainage plan

f. Type of business, proposed number of employees by shift;

g. Proposed floor plan with use indicated;

h. Sanitary sewer and water plan with estimated use per day;

i. A statement showing why such conditional use cannot be located and conducted in zoning districts not requiring such conditional use permits;

j. 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 –Conditional Use Permit Application 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 – Conditional Use Permit Application Referral to Planning and Zoning Commission.

The conditional use permit application and related file shall be referred to the Planning and Zoning Commission for study 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 and Zoning 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 – Zoning Board of Adjustment Action.

The Zoning 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 Planning and Zoning Commission to amend the district boundaries which may affect the real property or a larger parcel which includes the real property.

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 or 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.

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.

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 Zoning 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.

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 these ordinances. Payment of all fines shall be made in the office of the Beadle County Zoning Administrator within ten (10) days after the person, firm or corporation was found in violation of the above Ordinances and 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, shall be punishable by a fine not more than five hundred ($500) dollars. The Zoning Administrator may also take enforcement measures as given in these ordinances. 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 was found in violation of the above Ordinance and 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.

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.

APPENDIX A

RIGHT TO FARM NOTICE COVENANT

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: _______________

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 - 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.

Animal Feeding Operation Structure - An anaerobic lagoon, formed manure storage structure, egg wash water storage structure, earthen manure storage basin, or confinement building.

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. 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 Unit Equivalent Animal 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

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

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

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

135

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.

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

136

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. - For the purpose of theseregulations, a concentrated animal feeding operation is classified as follows:

Animal Units (AU)

Class A 2000 or more Class B 1000 to 1999

Class C 300 to 999 Class D 50 to 299

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.

137

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.

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

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.

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.

138

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.

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 Flood Insurance Rate Map.

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.

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

139

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.

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.

140

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.

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

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

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.

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:

141

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.

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.

142

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 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.

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

143

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.

Permit -Required by these regulations unless stated otherwise.

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, consumer’s power district, or any other entity, public or private, however organized.

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.

144

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.

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.

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

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:

145

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.

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.

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.

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

146

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.

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.

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

147

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.

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

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.

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

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.

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.

148

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.

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

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.

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 consumer’s power district and a public or municipal utility.

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.

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.

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.

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

149

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 in the area.

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.

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 pad mount 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.

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.

150

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.

151

ARTICLE 1 - Beadle County, South Dakota -beadle.sdcounties.org/files/2010/07/Title-1-Beadle... ·...

Documents

Transcript of ARTICLE 1 - Beadle County, South Dakota -beadle.sdcounties.org/files/2010/07/Title-1-Beadle... ·...