Title 17
ZONING
Chapters:
17.04 General Provisions
17.08 Definitions
17.12 Administration and Enforcement
17.16 Zoning Map
17.20 District Regulations of General Application
17.24 Districts
17.28 Residential Districts
17.32 Planned Mobile Home District (R-MH)
17.36 Commercial District (C)
17.40 Highway Commercial District (HC)
17.44 Industrial District (I)
17.48 Public-Semipublic District (PS)
17.52 Agricultural Preservation District (AG-P)
17.56 Floodplain District (FP)
17.60 Supplementary District Regulations
17.64 Nonconforming Uses
17.68 Penalties
Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Short title.
17.04.020 Interpretation and application– Provisions declared to be minimum requirements.
17.04.030 Separability.
17.04.040 Effective date.
17.04.050 Zoning application fees.
17.04.010 Short title.
The ordinance codified in this title may be known and may be cited and referred to as "The Zoning Ordinance of Redfield, South Dakota" to the effect as if the full title were stated.
(Ord. 1-76 (part): prior code § 14.0101)
17.04.020 Interpretation and application– Provisions declared to be minimum requirements.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of public health, safety, morals or general welfare. Whenever the provisions of this title require a greater width or size of yards, courts or other spaces or require a lower height of building or less number of stories or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required, in any other ordinance, the provisions of this title shall govern.
(Ord. 31-85 (part): Ord. 4-85 (part): Ord. 1-76 (part): prior code § 14.0203)
17.04.030 Separability.
If, in the event, any article, section or provision of this title is declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 1-76 (part): prior code § 14.2301)
17.04.040 Effective date.
This title shall take effect and be in force from and after its passage and publication according to law.
(Ord. 1-76 (part): prior code § 14.2303)
17.04.050 Zoning application fees.
Upon application for zoning board approval of variances, special exceptions, rezoning, variance from subdivision regulations, notice of appeal and plat application fee, the following fees shall be paid at the time the application is filed:
| Application for Variance from Zoning Ordinance | $25.00 |
| Application for Special Exception from Zoning Ordinance (including notification of proposed Zoning Amendment letters) | 25.00 |
| Petition for Rezoning (including notification of proposed Zoning Amendment letters) | 25.00 |
| Application for Variance from Subdivision Regulations | 25.00 |
| Notice of Appeal | 25.00 |
| Preliminary Plat Application Fee | 25.00 |
(Ord. 10-98)
(Ord. No. 06-2009, 9-8-2009)
Chapter 17.08
DEFINITIONS
Sections:
17.08.010 Grammatical interpretation.
17.08.020 Applicability.
17.08.030 Accessory use of structure.
17.08.040 Acre(s), gross, the total acreage of.
17.08.050 Acre(s), net.
17.08.055 Area of special flood hazard.
17.08.060 Automobiles, abandoned.
17.08.070 Automobile service station.
17.08.080 Automobile wrecking.
17.08.085 Base flood.
17.08.090 Basement.
17.08.100 Billboard.
17.08.110 Boardinghouse.
17.08.120 Building.
17.08.130 Building area.
17.08.140 Cellar.
17.08.150 Conditional use.
17.08.160 County board.
17.08.170 Density.
17.08.175 Development.
17.08.180 Dormitory.
17.08.190 Drive-in restaurant.
17.08.200 Dwelling, mobile home.
17.08.210 Dwelling, multiple-family.
17.08.220 Dwelling, single-family.
17.08.230 Dwelling unit.
17.08.240 Efficiency unit.
17.08.250 Employee(s).
17.08.260 Family.
17.08.270 Feedlot, commercial.
17.08.273 Flood, flooding.
17.08.276 Flood insurance rate map (FIRM).
17.08.280 Floor area.
17.08.290 Floor area ratio (F.A.R.).
17.08.295 Foundation, permanent.
17.08.300 Grade.
17.08.310 Height of building.
17.08.320 Home occupation.
17.08.330 Junkyards.
17.08.340 Kennel.
17.08.350 Loading space, off-street.
17.08.360 Lot.
17.08.370 Lot frontage.
17.08.380 Lot measurements.
17.08.390 Lot of record.
17.08.400 Lot types.
17.08.410 Mobile home.
17.08.420 Mobile home park.
17.08.430 Parking space, off-street.
17.08.440 Planned development.
17.08.450 Public utility substation.
17.08.460 Roominghouse.
17.08.470 Service station.
17.08.480 Sign.
17.08.490 Sign, flashing.
17.08.500 Sign, moving.
17.08.510 Sign, number of.
17.08.520 Sign, off-site.
17.08.530 Sign, on-site, interior.
17.08.535 On-site exterior sign.
17.08.540 Sign structure.
17.08.550 Sign, surface area of.
17.08.560 Story.
17.08.570 Special exception.
17.08.580 Street line.
17.08.590 Structure.
17.08.595 Substantial improvement.
17.08.600 Travel trailer.
17.08.610 Truck or equipment terminal.
17.08.620 Unified control.
17.08.630 Utility substation.
17.08.640 Variance.
17.08.650 Yard.
17.08.660 Yard, front.
17.08.670 Yard, side.
17.08.680 Yard, rear.
17.08.690 Yard, special.
17.08.700 Zoning administrator.
17.08.010 Grammatical interpretation.
For the purpose of this title, unless otherwise stated, words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "shall" is mandatory, not discretionary; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word "lot" includes the words "plat" or "parcel"; and the word "used" or "occupied" include the words "intended," "designed" or "arranged to be used or occupied."
(Ord. 1-76 (part): prior code § 14.0401)
17.08.020 Applicability.
For the purpose of this title, certain terms or words used herein shall be interpreted as set out in this chapter.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.030 Accessory use of structure.
"Accessory use of structure" means a use of structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of structure.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.040 Acre(s), gross, the total acreage of.
Acre(s), gross, the total acreage of: (1) a subdivision; (2) a contiguous zoning district; or (3) a planned development. Computations shall include all public right-of-way except: (1) boundary streets of which only one-half of the right-of-way shall be used in any computation; and (2) publicly owned land used for community facilities such as parks, schools, libraries, etc.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.050 Acre(s), net.
"Net acre(s)" means the same as "gross acres," but excluding all public rights-of-way and publicly owned land utilized for community facilities.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.055 Area of special flood hazard.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
17.08.060 Automobiles, abandoned.
"Abandoned automobiles" means any motor vehicle, or portion thereof, which when operated on a public roadway is required to be registered by the state of South Dakota, whose registration has been expired for a period of one month or more. Notwithstanding the foregoing definition, a motor vehicle or portion thereof stored within a permitted building or structure shall not be considered to be an abandoned automobile.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.070 Automobile service station.
"Automobile service station" means a building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:
A. Sale and servicing of spark plugs, and batteries, and distributors and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
D. Radiator cleaning and flushing;
E. Washing and polishing, and sale of automotive washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, and lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Emergency wiring repair;
K. Minor motor adjustments not involving removal of the head of crankcase or racing the motor;
L. Sales of cold drinks, packaged foods, tobacco and similar convenience goods for automobile service station customers as accessory and incidental to principal operation;
M. Provision of road maps and other informational material to customers;
N. Provision of restroom facilities.
Uses permissible at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations. An automobile service station is not a repair garage nor a body shop.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.080 Automobile wrecking.
"Automobile wrecking" means the dismantling or wrecking of used motor vehicle or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.085 Base flood.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
17.08.090 Basement.
"Basement" means any floor below the first story of a building unless construed to be a story as defined in Section 17.08.560.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.100 Billboard.
See Section 17.08.520, Sign, off-site.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.110 Boardinghouse.
"Boardinghouse" means any dwelling which provides sleeping and/or cooking and/or eating facilities for more than three, but less than ten unrelated individuals. A roominghouse or furnished roominghouse shall be deemed to be a boardinghouse. Sleeping rooms shall not be used for more than two persons per room. Such dwelling shall not be open to transients.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.120 Building.
"Building" includes the word "structure" and is a structure which is entirely separated from any other structure by space or by walls in which there is no communicating doors or windows or similar openings. A principal building including covered porches and paved patios, is a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.130 Building area.
"Building area" means the portion of a lot remaining after required yards have been provided.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.140 Cellar.
See Section 17.08.090, Basement.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.150 Conditional use.
"Conditional use" means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in zoning districts as conditional uses, if specific provision for such conditional uses are made in this zoning ordinance. This is not to be confused with variance.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.160 County board.
"County board" means the Spink County board of commissioners.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.170 Density.
"Density" pertains to the number of dwelling units per net acre or gross acre as indicated for the appropriate zoning district. Residential district density shall not be exceeded for new subdivisions nor exceeded for resubdivision of existing platted land.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.175 Development.
"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
17.08.180 Dormitory.
"Dormitory" means a building not open to transients, where lodging and/or meals are provided for more than ten persons. Kitchen facilities shall not be included for each unit. If kitchen facilities are included in any unit other than for management personnel, then the building shall be defined as a multiple-family dwelling. A dormitory may have a central kitchen facility to provide meals for inhabitants of the dormitory.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.190 Drive-in restaurant.
"Drive-in restaurant" means any place or premises used for sale, dispensing or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.200 Dwelling, mobile home.
"Mobile home dwelling" means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.210 Dwelling, multiple-family.
"Multiple-family dwelling" means a residential building designed for or occupied by two or more families, with the number of families in residence not exceeding the number of dwelling units provided.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.220 Dwelling, single-family.
"Single-family dwelling" means a detached residential dwelling unit other than a mobile home designed for and occupied by one family.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.230 Dwelling unit.
"Dwelling unit" means 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 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.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.240 Efficiency unit.
"Efficiency unit" means a dwelling unit having only one room exclusive of bathroom, closet compartments, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining alcove. An efficiency unit shall be permitted in a multifamily dwelling.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.250 Employee(s).
In regard to off-street parking requirements, "employees" mean all who work in the enterprise including owners.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.260 Family.
"Family" means an individual or two or more persons, related by blood or marriage, living together as a single housekeeping unit in a dwelling unit, in each instance with no more than two nonrelated people being housed in the same dwelling unit, but provided further, that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. The word "family" shall not include groups occupying nursing homes, group houses, fraternity houses, sorority houses, dormitories, barracks; however, a portion of a building in this category may consist of one or more dwelling units occupied by a family or families.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.270 Feedlot, commercial.
"Commercial feedlot" means a place where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.273 Flood, flooding.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation of runoff of surface waters from any source.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
17.08.276 Flood insurance rate map (FIRM).
"Flood insurance rate map" (FIRM) means an official map of a community, on which the Federal Insurance Management Agency has delineated the special hazard areas and the risk premium zones applicable to the community.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
17.08.280 Floor area.
"Floor area" means the sum of all gross horizontal enclosed area of the several floors of a building and its accessory buildings on the same lot excluding basement floor areas and nonenclosed portions of the structure. All dimensions shall be measured between exterior face of walls.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.290 Floor area ratio (F.A.R.).
"Floor area ratio (F.A.R.)" means the quotient of the floor area (as defined in Section 17.08.280) of the building divided by its lot area.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.295 Foundation, permanent.
A. A foundation shall be considered as "permanent" if it extends below the normal frostline, but not less than six feet deep, and is placed around the perimeter of the structure.
B. A basement shall be considered a permanent foundation.
C. In the placement of modular homes or manufactured homes without a basement, the following type of installation is permissible only in planned mobile home districts. Concrete pilings shall be poured according to manufacturer's specifications for spacing and shall extend to a depth below the normal frostline, but not less than six feet deep. Concrete pads shall be placed on top of the piling on which to set the structure. The structure must then be anchored to the piling with tie-downs as recommended by the manufacturer.
The structure must then be skirted with a material that will give the appearance of a permanent foundation around the perimeter of the structure. (See Figure 17.08.295.)
(Ord. 8-06: Ord. 7-88)
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17.08.300 Grade.
"Grade" means the average of the finished ground level at the center of all walls of a building. In case building walls are parallel to and within five feet of sidewalk(s) between side lot lines.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.310 Height of building.
"Height of building" means the vertical distance from the established average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.320 Home occupation.
"Home occupation" means an occupation conducted in a dwelling unit provided that:
A. No more than one other person, in addition to members of the family, residing on the premises shall be engaged in such occupation.
B. 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, and not more than thirty percent of the floor area of the dwelling shall be used in the conduct of the home occupation.
C. 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 one square foot in area, nonilluminated and mounted flat against the wall of the principal building.
D. No home occupation shall be conducted in any accessory buildings.
E. There shall be no sales in connection with such home occupation.
F. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
G. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
H. A barber or beauty shop, dentist, physician, insurance or real estate office shall not be construed to be home occupations.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.330 Junkyards.
"Junkyards" means the use of more than seven hundred fifty cubic 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 metals or salvageable materials, or for the abandonment, dismantling or wrecking of automobiles or other vehicles, machines, or parts thereof.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.340 Kennel.
"Kennel" means any lot, structure or premises where three or more dogs and/or cats over four months of age are kept.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.350 Loading space, off-street.
"Off-street loading space" means adequate space, logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used such as trucks, tractors, trailers, etc., and accessible to such vehicles at all times. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.360 Lot.
"Lot" means 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. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot record;
C. A combination of complete lots of record, of complete lots to record and portions of lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.370 Lot frontage.
The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lot 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 in this title.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.380 Lot measurements.
A. "Depth of a lot" shall be considered to be the distance between the midpoints of straight lines connecting the foremost points the side lot lines in front and the rearmost points of the side lot lines in the rear;
B. "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, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than eighty percent of the required lot width except in the case of culs-de-sac, where the eighty percent requirement shall not apply.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.390 Lot of record.
"Lot of record" means a lot which is part of a subdivision recorded in the office of the county register of deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.400 Lot types.
Any lot within the jurisdiction of this title shall be one of the following types:
A. "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees.
B. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
C. "Through lot" means a lot other than a corner lot with frontage of more than one street. Through lots abutting two streets may be referred to as double frontage lots.
D. "Reversed frontage lot" means a lot on which the frontage is at right angles or approximately right angles, interior angle less than one hundred thirty-five degrees, to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.410 Mobile home.
"Mobile home" means any occupied vehicle used or so constructed as to permit it being used as a conveyance on the public streets or highways and duly licensed as such, and shall include: self-propelled or nonselfpropelled vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons. Nothing in this definition shall be construed so as to include prefabricated, precut residences or those manufactured in sections or parts away from the site and transported thereto for erection; provided, that when completely erected, the prefabricated, precut or manufactured residences shall be on a permanent foundation and in all respects comply with the Uniform Building Code, 1967 Edition, and amendments thereto, recommended by the International Conference of Building Officials.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.420 Mobile home park.
"Mobile home park" means any premises where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for one or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles or enclosure used or intended for use, or intended wholly or in a part, for the accommodation of automobile transients.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.430 Parking space, off-street.
A. An off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley (included to mean forward motion as opposed to backing out) and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another.
B. For purposes of rough computation, an off-street and necessary access and maneuvering room may be estimated at three hundred square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case.
C. If appropriate, curbs (or stops) shall be installed at each off-street parking space to regulate traffic flow; adequate lighting facilities shall be provided.
D. Design for off-street parking areas shall be approved by the administrative official prior to the issuance of a building permit.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.440 Planned development.
A. A means of developing or redeveloping existing larger parcels or combinations of smaller parcels of land within the jurisdiction of this title, by allowing more flexibility in design to produce a more aesthetic and/or efficient environment, and which through safeguards incorporated elsewhere in the title will assure that any such planned development will be in harmony and compatible with the intent of this title and the appropriate zoning district of this title.
B. More specifically, a planned development is land which is under:
1. Single ownership; or
2. Unified control, and wherein such land is to be utilized for ultimate use by:
a. Single ownership, or
b. Unified control, or
c. Separate ownership and unified control, or
d. Separate ownership without unified control, and whereon such land is designed from use as one building or a group of buildings and whereon such land there may or may not be provisions for multiple purpose uses. Standards and requirements within the various zoning districts permitting a planned development are indicated in this title.
C. Any such planned development shall be compatible to the comprehensive plan for Spink County, South Dakota. Provided further, if the proposed development is only for a portion of the contiguous landholdings of the applicant(s), then a simple, schematic plan showing anticipated uses, densities, shall be submitted with application for any planned development.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.450 Public utility substation.
"Public utility substation" means an area where facilities are provided for the distribution of telephone, radio communications, water, gas and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically with the nature of the respective district.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.460 Roominghouse.
See Section 17.08.110, Boardinghouse.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.470 Service station.
See Section 17.08.070, Automobile service station.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.480 Sign.
"Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
A. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification or premises not having commercial connotations;
B. Flags and insignia of any government except when displayed in connection with commercial promotion;
C. Legal notices; identification, informational or directional signs erected or required by governmental bodies;
D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;
E. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.490 Sign, flashing.
A sign shall be considered to be a flashing sign if any element changes more frequently than thirty minute intervals. This shall be construed to mean that no change in the entire surface area of the sign, including structural members shall be made more frequently than thirty minute intervals except time and temperature signs.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.500 Sign, moving.
"Moving sign" means any sign which: revolves, moves, is animated, or gives the visual impression of: revolving, moving or animation.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.510 Sign, number of.
For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and compassed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.520 Sign, off-site.
"Off-site sign" means a sign other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards regardless of size.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.530 Sign, on-site, interior.
"On-site interior sign" means a sign on the interior of a structure relating its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. As long as any such sign is not normally viewable from the exterior or the premises, it shall not be regulated by this title.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.535 Site exterior sign.
"On-site exterior sign" means a sign located on the property which relates to the subject matter of the premises on which it is located or to products, accommodations, services, or activities on the premises.
(Ord. No. 03-2009, 4-6-2009)
17.08.540 Sign structure.
"Sign structure" means a structure constructed for the purpose of displaying a sign. Any sign structure shall be designed and constructed in a manner that is safe, not aesthetically offensive, and shall be free of any exposed: extra bracing, angle iron, guy wires, cables, etc.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.550 Sign, surface area of.
The "surface area of a sign" shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area and including all of the elements of the matter displayed. Structural members not bearing advertising matter shall not be included in computation of surface area.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.560 Story.
"Story" means that portion of a building between the upper surface of any floor and the upper surface of the floor next above, except the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined in Section 17.08.300, such basement, cellar or unused underfloor shall be considered as a story.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.570 Special exception.
"Special exception" means a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions, if specific provisions for such special exception are made in this title.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.580 Street line.
"Street line" means the lot line abutting right-of-way line.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.590 Structure.
"Structure" means 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 buildings, mobile homes, walls, fences, signs, billboards and poster panels. For the purposes of Chapter 17.56, "structure" means a walled and roofed building or mobile home that is principally above ground.
(Ord. 31-85 (part); Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.595 Substantial improvement.
A. "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
B. "Substantial improvement" does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
17.08.600 Travel trailer.
"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes having a body width not exceeding eight feet.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.610 Truck or equipment terminal.
"Truck or equipment terminal" means any lot, structure or premises used for the parking or storage of capital equipment such as trucks, trailers or other like equipment, over three-quarter-ton capacity.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.620 Unified control.
"Unified control" means more than one parcel of land wherein separate owners join for development purposes, and at a later date may transfer all or part of the land to another person or persons, but any such transfer shall include the legal responsibility of being an integral part of the whole development. For example: a condominium, a cooperative, a land trust, or private ownership of a single parcel, but any such parcel has a legal responsibility to the entire development through a legally recorded covenant or some other recorded instrument. It is intended that all owners of such land under unified control know their limitations and responsibility as previously agreed upon are redefined from time-to-time. It is further intended that any such jointly owned land shall not come under ownership of Spink County as in the case of open space, except in special and unique conditions which shall be determined at the time of authorization. Unified control may be utilized within planned developments or in conventional developments.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.630 Utility substation.
See Section 17.08.450, Public utility substations.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.640 Variance.
"Variance" means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in the title, 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 not 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.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.650 Yard.
"Yard" means a required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the grade of the lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.660 Yard, front.
A. "Front yard" means a yard extending between side lot lines across the front of a lot adjoining a public street.
B. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty inches and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty inches and ten feet.
C. 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 administrative official 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.
D. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
E. In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
F. In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:
1. At least one front yard shall be provided having the full depth required generally in the district;
2. No other front yard on such lot shall have less than half the full depth required generally.
G. 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 front yard lines shall be parallel.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.670 Yard, side.
A. "Side yard" means 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.
B. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards.
C. Width of a 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.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.680 Yard, rear.
A. "Rear yard" means 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 yards, but only front and side yards.
B. 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.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.690 Yard, special.
"Special yard" means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed to perform like functions as a side yard, but next to a lot line so located or oriented that neither the term side yard nor the term rear yard clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be placed to the adjoining lot(s), with due consideration to the orientation and placement of structures and buildable areas thereon.
(Ord. 1-76 (part): prior code § 14.0402 (part))
17.08.700 Zoning administrator.
"Zoning administrator" means the city finance officer.
(Ord. 31-85 (part): prior code Ch. 14.04 (part))
Chapter 17.12 Sections:
Article I. Authority, Applicability and Interpretation of District Boundaries
17.12.010 Statutory authority.
17.12.020 Applicability of provisions.
17.12.030 District boundaries– Rules for interpretation.
Article II. Administration and Enforcement, Building and Zoning Permits
17.12.040 Administration and enforcement.
17.12.050 Building permits– Required.
17.12.080 Zoning permit– Required– Issuance.
Article III. Schedule of Fees, Charges and Expenses
17.12.090 Establishment– Posting.
Article IV. Interpretation, Enforcement, Appeals, Conditional Uses and Variances
17.12.100 Presentation of questions of interpretation, enforcement, appeals, conditional uses and variances to city council.
17.12.110 City council– Powers and duties.
17.12.120 City council– Additional powers and exercising duties.
Article V. Amendments
17.12.130 Hearing required– Notice.
17.12.140 Action on amendment– Publication in newspaper.
Article VI. Exceptions and Modifications
17.12.150 Application– Criteria required for authorization.
17.12.160 Fire hazard.
17.12.170 Noise.
17.12.180 Vibration.
17.12.190 Air pollution.
17.12.200 Odor.
17.12.210 Glare.
17.12.220 Traffic hazard.
17.12.230 Overtaxing of public facilities and utilities.
17.12.240 Character of neighborhood.
17.12.250 General welfare of the community.
Article I. 17.12.010 Statutory authority.
The legislature of the state has in South Dakota Common Law Section 11-4-1 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(Ord. 31-85 (part): Ord. 4-85 (part): Ord. 1-76 (part): prior code § 14.0201)
17.12.020 Applicability of provisions.
The provisions of this title shall apply within the incorporated area of Redfield, South Dakota, as established on the map entitled "The Official Zoning Map of Redfield, South Dakota."
(Ord. 31-85 (part): Ord. 4-85 (part): Ord. 1-76 (part): prior code § 14.0202)
17.12.030 District boundaries– Rules for interpretation.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
A. Boundaries indicated as approximately following the centerlines of streets, highways or alleys, shall be construed to follow such centerlines;
B. Boundaries indicated as approximately following city limits shall be construed as following such city limits;
C. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
E. 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 shorelines; boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;
F. Boundaries indicated as parallel to, or extensions of features indicated in subsections A through E of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
G. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through F of this section, the city council shall interpret the district boundaries;
H. Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance codified in this title, the city planning commission may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet beyond the district line into the remaining portion of the lot.
(Ord. 1-76 (part): prior code § 14.0304)
Article II. 17.12.040 Administration and enforcement.
A. The city finance officer shall administer and enforce this title. He may be provided with the assistance of such other persons as the city council may direct.
B. To further facilitate the administration of this title, the city finance officer shall establish a working arrangement with electric and gas utility companies as well as the appropriate health department to more effectively administer this title.
C. If the city finance officer shall find that any of the conditions of this title are being violated, he shall notify in writing the person responsible for such nonobservance, indicating the nature of the violation and ordering corrective action. He shall direct discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other steps authorized by this title to ensure compliance with it or to prevent violations of its regulations.
(Ord. 1-76 (part): prior code § 14.1601)
17.12.050 Building permits– Required.
Building permits shall be required as defined by Chapter 15.04 of the Redfield Municipal Code
(Ord. 15.01: Ord. 1-76 (part): prior code § 14.1602)
17.12.080 Zoning permit– Required– Issuance.
A. A zoning permit shall be required for any proposed erection, construction, reconstruction, alterations, conversion; major repair, or use or change of use of buildings, structures or lands as set forth in this title.
B. It shall be the duty of the city finance officer to issue a zoning permit, if the proposed erection, construction, reconstruction, alterations, conversion, major repairs or use or change of use of buildings, structures or lands, conforms with all of the requirements herein set forth.
(Ord. 1-76 (part): prior code § 14.1605)
Article III. 17.12.090 Establishment– Posting.
A. The city council shall establish by resolution, a schedule of fees, charges and expenses and a collection procedure for building permits, certificate of zoning compliance, appeals, conditional uses, variances and other matters pertaining to this title. The schedule of fees shall be posted in the office of the finance officer, and may be altered or amended only by the city council.
B. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 1-76 (part): prior code § 14.1705)
Article IV. 17.12.100 Presentation of questions of interpretation, enforcement, appeals, conditional uses and variances to city council.
It is the intent of this title that all questions of interpretation, enforcement, appeals, conditional uses and variances first be presented to the city finance officer and then to the city council.
(Ord. 1-76 (part): prior code § 14.1801)
17.12.110 City council– Powers and duties.
The city council shall have the following powers and duties:
A. Administrative Review. To hear and decide cases where it is alleged there is error in any order, requirement, decision or determination made by the city finance officer in the enforcement of this title;
B. Conditional Uses– Conditions Governing Applications, Procedures. To hear and decide on conditional uses. A conditional use shall not be granted by the city council unless and until:
1. A written application for a conditional use is submitted indicating the section of this title under which the conditional uses are sought and stating the grounds on which it is requested,
2. Notice shall be given not less than fifteen, and not more than thirty days in advance of public hearing. The owner of the property for which the conditional use is sought or his agent shall be notified by mail. Notice of such hearings indicating date, time and place, shall be pasted in a prominent place on the property for which conditional use is sought, at the city hall, and in one other appropriate public place at least fifteen days prior to the public hearing,
3. The public hearing shall be held. Any party may appear in person, or by agent or attorney,
4. The city council shall make a finding that it is empowered under the section of this title described in the application to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest,
5. Before any conditional use shall be issued, the council shall make written findings certifying compliance with the specific rules governing conditional use and that satisfactory provision and arrangement has been made concerning the following where applicable:
a. Ingress and egress to property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and catastrophe,
b. Off-street parking and loading areas where required, with particular attention to the items in paragraph a of this subdivision and the economic, noise, glare or odor effects of the conditional use on adjoining properties generally in the district,
c. Refuse and service areas with particular reference to the items in paragraphs a and b of this subdivision,
d. Utilities, with reference to locations, availability and compatibility,
e. Screening and buffering with reference to type, dimensions and character,
f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with the properties in the district,
g. Required yards and other open spaces,
h. General compatibility with adjacent properties and other property in the district;
C. Variances– Conditions Governing Applications, Procedures. To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title shall not be granted by the city council unless and until:
1. A written application for a variance is submitted demonstrating:
a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district,
b. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title,
c. That the special conditions and circumstances do not result from the actions of the applicant,
d. That granting the variance requested will not confer on the applicant any special privilege that is denied, by this title to other lands, structures or buildings in the same district.
No nonconforming use of neighborhood lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, considered grounds for the issuance of a variance.
Notice of public hearings shall be given as set forth in subsection B of this section;
The public hearing shall be held, any party may appear in person, or by agent or by attorney;
The city council shall make findings that the requirements of subsection C1 of this section have been met by the applicant for a variance;
The city council shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;
The city council shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in the district.
(Ord. 1-76 (part): prior code § 14.1802)
17.12.120 City council– Additional powers and exercising duties.
A. In exercising the powers mentioned in Section 17.12.110, the city council may, so long as such action is in conformity with the terms of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the city finance officer from whom the appeal is taken.
B. The concurring vote of the majority of the city council shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in the application of this title.
(Ord. 1-76 (part): prior code § 14.1803)
Article V. 17.12.130 Hearing required– Notice.
The regulations, restrictions and boundaries set forth in this title may from time to time be amended, supplemented, changed or repealed by the city council or when such amendment, supplement, change, modification or repeal is requested through a petition by thirty percent of the landowners in the district requesting change. No such action may be taken until after a public hearing in relation thereto conducted by the city council, at which parties in interest and citizens shall have an opportunity to be heard. Not less than fifteen or more than thirty days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the county.
(Ord. 1-76 (part): prior code § 14.1901)
17.12.140 Action on amendment– Publication in newspaper.
The city council shall thereafter, by duly enacted ordinances, either adopt or reject such amendment, supplement, change, modify or repeal, and if it is adopted by the city council, the same shall be published once in the official newspaper in the county and become effective on the twentieth after its publication.
(Ord. 1-76 (part): prior code § 14.1902)
Article VI. 17.12.150 Application– Criteria required for authorization.
A. Upon application pursuant to the provisions of this title and the rules and procedure of the board, the board shall grant or refuse special exceptions in accordance with the criteria of this article and shall authorize the issuance of a zoning certificate and may prescribe and impose appropriate conditions and safeguards, including a specified time limit for the zoning certificate.
B. Criteria. Classified special exceptions shall be authorized only if they meet the criteria set forth in this article.
(Ord. 1-76 (part): prior code § 14.2001 (part))
17.12.160 Fire hazard.
The use shall not include any activity involving the use or storage of flammable or explosive material unless protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
(Ord. 1-76 (part): prior code § 14.2001(1))
17.12.170 Noise.
The use shall not include noise which is objectionable due to volume, frequency or beat unless muffled or otherwise controlled.
(Ord. 1-76 (part): prior code § 14.2001(2))
17.12.180 Vibration.
The use shall not include vibration which is discernible without instruments on any adjoining lot or property.
(Ord. 1-76 (part): prior code § 14.2001(3))
17.12.190 Air pollution.
The use shall not involve any pollution of air by fly ash, dust, vapors or other substances which are harmful to health, animals, vegetation or other property or which can cause soiling, discomfort or irritation.
(Ord. 1-76 (part): prior code § 14.2001(4))
17.12.200 Odor.
The use shall not involve any malodorous gas or matter which is discernible on any adjoining lot or property.
(Ord. 1-76 (part): prior code § 14.2001(5))
17.12.210 Glare.
The use shall not involve any direct or reflected glare that is visible from any adjoining property or from any public street, road or highway.
(Ord. 1-76 (part): prior code § 14.2001(6))
17.12.220 Traffic hazard.
The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion. No single use or density of development should generate traffic volumes on any public street in excess of one hundred vehicle trips per day per acre.
(Ord. 1-76 (part): prior code § 14.2001(7))
17.12.230 Overtaxing of public facilities and utilities.
The use shall not involve any activity substantially increasing the burden on any public utilities or facilities, unless provision is made for any necessary adjustments.
(Ord. 1-76 (part): prior code § 14.2001(8))
17.12.240 Character of neighborhood.
The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless, by design, setback, nature or operation, and other devices, the character of the neighborhood will be maintained.
(Ord. 1-76 (part): prior code § 14.2001(9))
17.12.250 General welfare of the community.
The use shall not involve any activity which adversely affects the general welfare of the community.
(Ord. 1-76 (part): prior code § 14.2001(10))
Chapter 17.16 Sections:
17.16.010 Official zoning map.
17.16.020 Changes to map.
17.16.030 Replacement.
17.16.010 Official zoning map.
The city is divided into zones, or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is adopted by reference and declared to be part of this title. The official zoning map shall be identified by the signature of the mayor of the city council, attested by the financial officer, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 301 of Ordinance No. ________ of Redfield, South Dakota," together with the date of the adoption of the ordinance codified in this title.
(Ord. 1-76 (part): prior code § 14.0301)
17.16.020 Changes to map.
A. If, in accordance with the provisions of this title and (an Act in relation to city zoning), changes are made in the district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows: "On (date), by official action of the Redfield City Council the following change(s) were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the mayor and attested by the finance officer. No amendment to this title which involves matter portrayed on the official zoning map shall become effective until after such a change and entry has been made on said map.
B. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this title.
C. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under Section 17.68.020.
D. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map which shall be located in the office of the finance officer shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
(Ord. 1-76 (part): prior code § 14.0302)
17.16.030 Replacement.
A. 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 city council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map.
B. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map, or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the finance officer, and bearing the seal of the city 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 Zoning Map being replaced) as part of Resolution No. ________ of Redfield, South Dakota.
C. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ord. 1-76 (part): prior code § 14.0303)
Chapter 17.20 Sections:
17.20.010 Generally.
17.20.020 Applicability.
17.20.030 Performance standards.
17.20.040 Open space, off-street parking or loading space.
17.20.050 Yard and/or lot reduction prohibited.
17.20.060 Temporary public grain storage units.
17.20.010 Generally.
The regulations set forth by this title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as provided in this chapter.
(Ord. 1-76 (part): prior code § 14.0501)
17.20.020 Applicability.
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 specified in this title for the district in which it is placed.
(Ord. 1-76 (part): prior code § 14.0502)
17.20.030 Performance standards.
No building or other structure shall hereafter be erected or altered:
A. To exceed the height or bulk;
B. To occupy a greater percentage of lot area;
C. To have narrower or smaller rear yards, front yards, side yards or other open spaces; than required in this title, or in any other manner contrary to the provisions of this title.
(Ord. 1-76 (part): prior code § 14.0503)
17.20.040 Open space, 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 this title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or any other lot.
(Ord. 1-76 (part): prior code § 14.0504)
17.20.050 Yard and/or lot reduction prohibited.
No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth in this title. Yards and lots created after the effective date of this title shall meet at least the minimum requirements established by this title.
(Ord. 1-76 (part): prior code § 14.0505)
17.20.060 Temporary public grain storage units.
No temporary public grain storage units, defined as a public grain warehouse, which does not have a roof, permanent foundation or sidewalls attached to the foundation, shall be erected, constructed or maintained in any district within the jurisdictional area of the city after the effective date of the ordinance codified in this section.
(Ord. 9-87)
Chapter 17.24 Sections:
17.24.010 Districts created.
17.24.020 Changes in districts.
17.24.010 Districts created.
For the purpose of this title, there are created seven types of districts by which the jurisdictional area defined in Section 17.12.020 shall be divided:
A. Residential district (R);
B. Planned mobile home (R-MH);
C. Floodplain district (FP);
D. Commercial district (C);
E. Highway commercial district (HC);
F. General industrial district (I);
G. Parks and recreation district (PR).
(Ord. 1-76 (part): prior code § 14.0601)
17.24.020 Changes in districts.
The city council may alter the boundaries of the various original districts and make regulations to be enforced therein from time to time. The city council shall not change boundaries or make regulations to be enforced without first holding a public hearing on said changes in district boundaries or the adoption of regulations to be enforced in this title.
(Ord. 1-76 (part): prior code § 14.0602)
Chapter 17.28 Sections:
17.28.010 Intent.
17.28.020 Permitted uses.
17.28.030 Accessory uses.
17.28.040 Conditional uses.
17.28.050 Prohibited uses.
17.28.060 Minimum lot area.
17.28.070 Minimum lot width.
17.28.080 Minimum front yard requirements.
17.28.090 Minimum side yard requirements.
17.28.100 Minimum rear yard requirements.
17.28.110 Maximum lot coverage.
17.28.115 Minimum width for residential dwellings.
17.28.120 Maximum height.
17.28.130 Minimum floor area.
17.28.140 Off-street parking.
17.28.010 Intent.
The intent of residential districts (R) is to provide for residential uses of varying types and other compatible uses in a pleasant and stable environment.
(Ord. 1-76 (part): prior code § 14.0701)
17.28.020 Permitted uses.
The following principal uses and structures shall be permitted in residential districts: single-family dwellings.
(Ord. 1-76 (part): prior code § 14.0702)
17.28.030 Accessory uses.
Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel shall be permitted in the residential districts.
(Ord. 1-76 (part): prior code § 14.0703)
17.28.040 Conditional uses.
After notice and appropriate safeguards, the planning commission may permit as conditional uses:
A. Home occupations and professional offices;
B. Multiple-family dwellings;
C. Churches, synagogues and temples;
D. Colleges and universities;
E. Nursery, primary, intermediate and secondary schools;
F. Public recreational and park facilities;
G. Medical and other health facilities;
H. Golf courses and country clubs;
I. Cemeteries;
J. Governmental services;
K. Convalescent, nursing and rest homes;
L. Utility substation.
(Ord. 1-76 (part): prior code § 14.0704)
17.28.050 Prohibited uses.
Any uses more appropriate in another zone or zones shall be prohibited, including, but not limited to:
A. Commercial uses;
B. Industrial uses;
C. Mineral extractive operations;
D. Abandoned automobiles;
E. Automobile wrecking;
F. Truck or equipment terminal;
G. Kennel;
H. Sign, off-site;
I. Mobile homes.
(Ord. 1-76 (part): prior code § 14.0705)
17.28.060 Minimum lot area.
The minimum lot area shall be seven thousand square feet for single and multifamily dwellings. The minimum lot area per dwelling unit in a multifamily dwelling shall be three thousand five hundred square feet; provided, that for efficiency units the minimum lot area per dwelling unit shall be two thousand square feet.
(Ord. 1-76 (part): prior code § 14.0706)
17.28.070 Minimum lot width.
The minimum lot width shall be fifty feet.
(Ord. 1-76 (part): prior code § 14.0707)
17.28.080 Minimum front yard requirements.
There shall be a front yard of not less than a depth of twenty feet.
(Ord. 1-76 (part): prior code § 14.0708)
17.28.090 Minimum side yard requirements.
There shall be not less than seven feet for each side yard.
(Ord. 1-76 (part): prior code § 14.0709)
17.28.100 Minimum rear yard requirements.
There shall be a rear yard of not less than a depth of twenty-five feet.
(Ord. 1-76 (part): prior code § 14.0710)
17.28.110 Maximum lot coverage.
The maximum lot coverage for all buildings shall not be more than forty percent of the total lot area.
(Ord. 1-76 (part): prior code § 14.0711)
17.28.115 Minimum width for residential dwellings.
The minimum width of a residential dwelling shall be at least twenty feet.
(Ord. 6-06)
17.28.120 Maximum height.
The height of all buildings and structures shall not exceed thirty-five feet.
(Ord. 1-76 (part): prior code § 14.0712)
17.28.130 Minimum floor area.
There shall be a floor area of not less than nine hundred square feet for dwellings.
ADMINISTRATION AND ENFORCEMENT
Authority, Applicability and Interpretation of District Boundaries
Administration and Enforcement, Building and Zoning Permits
Schedule of Fees, Charges and Expenses
Interpretation, Enforcement, Appeals, Conditional Uses and Variances
Amendments
Exceptions and Modifications
ZONING MAP
DISTRICT REGULATIONS OF GENERAL APPLICATION
DISTRICTS
RESIDENTIAL DISTRICTS