New Underwood, South Dakota

ORDINANCE NUMBER 13-07

ARTICLE IV - PLANNING & ZONING

                                                 A.  PLANNING & ZONING #1

                                                                                                                     Page

SECTION I.  TITLE.....................................................................................

SECTION II.  AUTHORITY.......................................................................

SECTION III.  PURPOSE...........................................................................

SECTION IV.  JURISDICTION.................................................................

SECTION V.  DEFINITION OF TERMS...................................................

SECTION VI.  ESTABLISHMENT OF DISTRICTS................................

SECTION VII.  GENERAL RESIDENTIAL DISTRICT (GR) USE

                           REGULATIONS...............................................................

SECTION VIII.  GENERAL COMMERCIAL DISTRICT (GC) USE

                            REGULATIONS..............................................................

SECTION IX.  CENTRAL BUSINESS DISTRICT (CB)..........................

SECTION X.  GENERAL INDUSTRIAL DISTRICT (GI) USE

                        REGULATIONS..................................................................

SECTION XI.  GENERAL AGRICULTURAL DISTRICT (GA)............

SECTION XII.  RURAL SERVICE DISTRICT(RS).................................

SECTION XIII.  MOBILE HOME PARKS...............................................

SECTION XIV.  TRANSPORTED HOMES ON SINGLE LOTS............

SECTION XV.  OFFSTREET PARKING..................................................

SECTION XVI.  SIGN REGULATIONS...................................................

SECTION XVII.  ZONING DISTRICTS MAP..........................................

SECTION XVIII.  INTERPRETATION OF ZONING DISTRICTS MAP          

SECTION XIX.  GENERAL PROVISIONS FOR APPLICATION OF

                            REGULATIONS..............................................................

SECTION XX.  NONCONFORMING USE OF LAND AND

                           STRUCTURES..................................................................

SECTION XXI.  ADMINISTRATION AND ENFORCEMENT..............

SECTION XXII.  BOARD OF ADJUSTMENTS.......................................

SECTION XXIII.  VARIANCES................................................................

SECTION XXIV.  AMENDMENTS...........................................................

SECTION XXV.  LEGAL STATUS PROVISIONS..................................

SECTION XXVI.  BUILDING PERMIT…………………………………..

SECTION I.  TITLE

This ordinance shall be known and may be cited as the Zoning Ordinance of the City of New Underwood, South Dakota.

SECTION II.  AUTHORITY

This ordinance is enacted under the authority of SDCL, Chapter 11-4

SECTION III.  PURPOSE

It is the purpose of this ordinance to promote the orderly development of the City of New Underwood, and to improve the health, safety, and general welfare of the citizens.

SECTION IV.  JURISDICTION

The jurisdiction of this ordinance shall include the corporate limits of the City of New Underwood and such additional territory as permitted by SDCL, Chapter 11-6 and agreed upon by the County Commissioners of Pennington County.

SECTION V.  DEFINITIONS OF TERMS

Except as specifically defined herein, all words used in these regulations have their customary dictionary definitions.  For the purpose of these regulations, certain words, terms or phrases used herein are defined as follows:

Words used in the present tense include the future tense, words used in the singular include the plural, and words used in the plural include the singular.

The word "shall" is always mandatory.

The word "lot" includes the word plot or parcel.

The word "building" includes the word structure.

The word "persons" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

Accessory Building - A building which is subordinate to or incidental to the main building on the same lot and includes a private garage.

Accessory Use - A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the save lot therewith.

Agriculture - The science and art of the production of plants and animals useful to man, including the preparation of the products for man's use and their disposal by marketing or otherwise.  In this broad sense it includes farming, horticulture, forestry, dairying, etc.

Alley - A permanent public service way which is used for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alteration - As applied to a building or structure means a change or rearrangement in the structural parts, or an enlargement whether by extending on a side or increasing in height. or moving from one position or location to another.

Apartment house - A residential building or a portion of a building containing three or more dwelling units for occupancy by three or more families living separately from each other.

Board – City Council.

Boarding House - A residential building in which board and lodging is provided or intended to be provided for three or more boarders or lodgers for reward or payment.

Building - A structure that is permanently affixed to the land, has one or more floors and a roof and designed or intended for use as a shelter.

Building Detached - A building having no structural connection with another building.

Building Height - The vertical distance measured from the mean ground level along and adjoining the externals of the top story of a flat roof, the deck line in a mansard roof.  The mean height between the eaves and ridge of a gable, hip or gambrel roof.

Building Line - A line delineating the minimum allowable distance between the street right-of-way and the front of a structure.  A building line is parallel to or concentric with the street right-of-way.

Building/Development and Move on-off Permit - A permit (CNU form #1 and CNU form #2) issued by the Zoning Administrator (Mayor) with Council approval, signed by the Applicant certifying that such building, as proposed would be in compliance with the provisions of the Ordinance and with the SD building code.  If within the term specified in this permit the proposed construction has not been completed all work thereon must cease immediately, except that upon showing of valid cause the Zoning Administrator (Mayor) may grant an extension of such permit with Council approval, for a period not to exceed six (6) months. (Term of permit may not exceed six months or less if stipulated on the Permit.)

Central Business District (CBD) - A compact high density commercial area located in the central part of a community, describe as: On “A” Avenue between Oak Street & Elm Street and the East side of “A” Avenue from Oak Street extending North to Hwy. 1416.

Certificate of Occupancy - A certificate signed by the Zoning Administrator stating that the occupancy and use of land, building or structure referred to therein complies with the provisions of this ordinance.

Church - A building together with its accessory buildings and uses where persons regularly assemble for religious worship.

Clinic, Dental or Medical - A building in which one or more physicians, dentists and allied professional assistants are engaged in carrying on their profession; the clinic may include a dental or medical laboratory, but it shall not include in-patient care or operating rooms for major surgery.

Club (Private) or Lodge - Buildings and facilities intended to be used as a center of informal association for social, recreational or educational purposes for selective membership not open to the general public.

Community Center - A facility maintained by a public agency or non-profit community or neighborhood association for the social, recreational or educational needs of the community or neighborhood.

Cul - de - sac - A blind street (closed at one end) with a turning circle at the end with a turning radius of not less than 20 feet.

Department of Water and Natural Resources - State of South Dakota Department of Water and Natural Resources (DWNR)

District - A section of the territory within the jurisdiction of the City of New Underwood for which uniform regulations governing the use of the land, the height, area, size and intensity of buildings, and land and open space about the buildings is herein established.

Drive-in - Commercial uses.  Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as restaurants, theaters and similar uses.

Dwelling - A building or portion thereof used for residential purposes including one-family, two-family, and multiple-family dwellings but not including motels, hotels, boarding houses, tourist homes, or mobile homes except in a mobile home park.

Dwelling Unit - One or more rooms and a kitchen used by one family for cooking, living and sleeping purposes.

Dwelling Unit, Single-Family - A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

Dwelling Unit, two-family - A detached residential building containing two dwelling units, designed for occupancy by not more than two families living independently of each other.

Dwelling Unit, Multiple-Family - A detached residential building containing three or more dwelling units and used by three or more families living independently of each other; the term includes apartment houses.

Family - One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

Flood Plain - A geographic area susceptible to periodic inundation from overflow of natural waterways.

Fraternity, Sorority House or Dormitory - A building housing the members of a fraternity, sorority house or dormitory living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.

Garage (Private) - An enclosed detached or semi-detached building used principally for the shelter of motor vehicles which are owned by persons occupying the dwelling unit which the garage is intended to serve.

Garage (Public) - An enclosed building for the storage and care of cars on a commercial basis.

Governing Body - The City Council of the City of New Underwood.

Home Occupation - A gainful occupation conducted only within the dwelling or on the premises, which is clearly incidental to the use of the dwelling for dwelling purposes and does not change the character thereof, provided, that no display except a regulated sign will indicate from the exterior that the building or land is being utilized in part, for any purpose other than that of a dwelling.  The maximum size of the sign shall be six (6) square feet.

Hotel - A building containing guest rooms in which lodging is provided, with or without meals, for compensation and which is open to both transient or permanent guests.

Hospital - An institution providing health services, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part of the institution, such related facilities, as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Improvements - Street grading and surfacing, curbs and gutters, side-walks, water mains and lines, sanitary and storm sewers, culverts, bridges and other related utilities.

Inside lot - A lot that lies in the middle of a Block.

Junk Yard or Salvage Yard - A lot or part thereof on which waste material or inoperative materials and other machinery is stored, salvaged or sold.

Landscaping Requirements - The portion of an industrial lot that is required to be landscaped, planted and maintained in grass, trees and shrubs designed to create a pleasing environment for any industrial district as well as providing a buffer between districts.

Lot - A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.  If such a lot is (a) part of a subdivision, the plat of which has been legally approved and recorded, or (b) a parcel of land legally approved and the deed recorded in the office of the Register of Deeds of Pennington County, such is termed a lot of record frontage.  Lots can be described as front, corner or interior lots, by their area, width and depth or by front, rear or side lot lines.

Lot Coverage - The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot of Record - A lot, if part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Pennington County.

MANUFACTURED HOME – A factory-built, single family structure that is manufactured under the authority of the National Manufactured Home Construction and Safety Standard Act of 1974, which became effective June 15, 1976, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation.

Medical Facilities - Convalescent, rest, or nursing home, or any health facility where persons are housed, provided with meals and continuing nursing care for compensation.

Mobile Home – A transportable home, be it factory built or stick built, designed to be used as a year-round single family residential dwelling unit.

Mobile Home Park - A tract of land of minimum area (35,000 sq. ft.) wherein mobile homes, as herein defined, are intended to be placed, located and maintained for occupancy and includes accessory buildings and improvements required by this ordinance.

MODULAR HOME – A factory fabricated transportable building consisting of units installed on a permanent foundation construction as per manufacture’s recommendation and used as a single family residential dwelling unit.

Motel - A group of attached or detached buildings used for lodging of transient motorists and travelers together with incidental services.

Nonconforming Use - A building, structure, or use of land existing at the time of the enactment of this ordinance which does not conform to the use regulations of the district in which it is located.

Open Space - Total area of all land on a lot not covered or occupied by buildings, structures or parking lots.

Parking Space - A dust-proof, surfaced, drained, usable and accessible space, either enclosed or open containing not less than three hundred (300) square feet per vehicle including access and necessary maneuvering room.

Permanent Walls and Foundation-Must be per International Building Code

Permanent Foundation - The base of a house: material must be concrete block attached to footing by rebar anchors or treated material being 1/2 or 3/4 inch plywood:

Concrete block foundation must be attached to 8 inch deep x 16 inch wide footings by steel rebar anchors from footings.

Treated material foundation must be 1/2 to 3/4 inch treated plywood attached to at least 2 foot x 6 foot walls

Wood Wall Construction

Footings must be 12 inches deep and 16 inches wide.

Anchor bolts must be 1/2 inch diameter bolt embedded a minimum of 7 inches at 6

foot on center.  A minimum of  two (2) bolts per sill plate, one bolt located within

twelve (12) inches of each end.

Material must be two (2) by six (6) foot on a minimum of two (2) foot centers

covered by a minimum of 1/2 inch treated plywood or any other treated material

equivalent  to 1/2 inch.

NOTE:  The City of New Underwood offers no warranty of design expressed or implied and assumes no liability for any damage to person or property resulting from use of such suggested design.

Permitted Use - A land use which is permitted by right in a district subject only to the requirements of these regulations.

Permitted Structure - A structure meeting all the requirements established by this ordinance for the district in which the structure is located.

Plat - A map or chart indicating the subdivision or resubdivision of land intended to be filed for record.  Other forms include sketch plat, preliminary plat, final plat and replat.

Planning Commission - City Council or duly appointed local citizens to commission.

Principal Use - The principal use or structure designated for a lot which meets all the requirements of the district in which located.  The main use of land or buildings as distinguished from an accessory or subordinate use.

Public Utility - Any person, firm, corporation, municipal department, or board duly authorized to furnish and maintain installations for the supply of electricity, oil, gas and communications, transportation and water.

Restaurant - An establishment where foods including beverages are served and consumed inside the enclosed structure.  The serving or consumption of foods or beverages is not allowed outside the enclosed structure.

Rooming House - A building, other than a hotel, where for compensation and by prearrangement, five or more persons other than occasional or transient customers are provided with lodging.

Sign - A structure or device designed or intended to convey information to the public in written or pictorial form.

Sign, Advertising - A sign which directs attention to a business, commodity, service, or entertainment which is entirely or primarily conducted, sold, or offered elsewhere than on the lot where the sign is located.

Sign, Bulletin Board - A sign erected by a church, school, community center, public agency or institution on its own premises for announcement purposes.

Sign, Business - A sign which directs attention to a profession, business, commodity, service, or entertainment conducted, sold or offered on the same lot.

Sign, Identification - A sign whose content is limited to the name and/or occupation of the occupant of the premises or a permanent sign identifying a subdivisional area or structure.

Signs, Temporary and Short term signs - Shall not be limited to, but shall include special sales, promotion, and pricing signs: yard sale signs, auction signs, "for rent" and "for sale" signs.

Service Station - Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where other associated services may be rendered and sales made.

Street - A dedicated and accepted right-of-way for vehicular traffic which affords the principal means of access to abutting property.

Street Line - The boundary line between a street and abutting property.

Structure - Anything constructed or erected which requires location on the ground or attached to something having a location on the grounds; provided, however, that utility poles, fences, and walls (other than building walls) shall not be considered to be structures.

Transported Home – Any home that is transported into the City, be it factory built or stick built, designed to be used as a year-round single family residential dwelling unit.

Use - The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained, the term "permitted use" shall not be deemed to include any non-conforming use.

Use (s) Permitted on Review - A use of land or structure which is permitted in a district on review as prescribed in the section on administration and enforcement.  Certain uses of land provided accommodations consistent with or necessary to the purpose intended for each district but differ in their general characteristics from the principal permitted activities and in their impact thereon.

Variance - A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in 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 not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.

Yard - An open space between a building and the adjoining lot lines unoccupied and unobstructed by structures except for open steps and terraces and architectural appurtenances as provided in this ordinance.  A yard shall be measured as the shortest horizontal distance from the building to the adjacent lot line.  Yards are normally classified as fronts yards, rear yards and side yards.

Yard, Front - An open, unoccupied space on the same building site with a main building, extending the full width of the building site and situated between the street line and the front line of the building projected to the side lines of the building site.  The depth of the front yard shall be measured between the front line of the building and the street line.

Yard, Rear - An open, unoccupied space on the same building site with a main building, extending the full width of the building site and situated between the rear line of the building site and the rear line of the building projected to the side lines of the building site.  The depth of the rear yard shall be measured between the rear line of the building site and the rear line of the building.

Yard, Side - An open, unoccupied space on the same building site with a main building, situated between the side line of the building and the adjacent side line of the building site and extending from the rear line of the front yard to the front line of the rear yard; if no front yard is provided, the front boundary of the side yard shall be the front line of the building site, and if no rear yard is provided, the rear boundary of the side yard shall be the rear line of the building site.

Zoning Administrator - The Mayor or his appointed official.

SECTION VI.  ESTABLISHMENT OF DISTRICTS

For the purposes of this ordinance the City of New Underwood is divided into the following districts:

DISTRICT NAME                                                        DISTRICT SYMBOL

General Residential District                                             GR

General Commercial District                                           GC

Central Business District                                                  CB

General Industrial District                                                GI

General Agriculture District                                             GA

Rural Service District                                                       RS

The location and boundaries of the various districts as defined in this ordinance shall be shown on the map entitled Zoning Districts Map of the City of New Underwood, South Dakota.  Notations, references, dimensions and symbols shown thereon are as much part of this ordinance as if they were fully described herein.  The Zoning Districts Map shall be kept and maintained by the Zoning Administrator and shall be available for inspection and examination by members of the public, as any other public record, at all reasonable times.

SECTION VII.  GENERAL RESIDENTIAL DISTRICT (GR) - USE REGULATIONS

A.  General Description

The general purpose of these regulations is to provide for the protection and future development of residential areas and related activities which offer a stable, healthy environment; and to discourage encroachment by commercial, industrial or other uses which conflict with the intent of this district.

B.       Permitted Uses (Building Permit required)

                  1.   Single-family dwellings, including mobile homes (ref. Section VII) or                     manufactured homes

                  2.   Schools

                  3.   Churches

                  4.   Buildings normally associated with the single family dwellings, i.e.,                        garages, storage sheds, etc.

C.       Uses Permitted on Review (Building Permit required)

           Uses permitted upon review by the Governing Body on a conditional bases

           include:

                  1.   Public utilities as required and compatible with a residential

                        neighborhood

                  2.   Two-family dwellings and multi-family dwellings

                  3.   Art galleries, libraries, museums, community centers

                  4.   Hospitals, convalescent, maternity or nursing homes

                  5.   Home occupations as defined in Section V

                  6.   Incidental uses and buildings normally associated with the above

                  7.   Mobile homes parks subject to the requirements set forth in Section

                        XI

                  8.   Mobile homes on single lots subject to the requirements set forth in

                        Section XII

                  9.   Recreational areas; reserves and open space

                  10. Motels and hotels

                  11. Occupations within residential buildings (reviewed yearly: July 1st)

D.              Lot Width and Area Requirements

                  1.  Lot Width:  (For new subdivisions, see Subdivision Ordinance)

1. For single family detached dwellings there shall be a minimum lot

      width of fifty (50) feet at the front building line.

1. For two-family dwellings there shall be a minimum lot width of

      seventy-five (75) feet at the front building line.

1. For multiple-family dwellings there shall be a minimum lot width of

      one hundred  (100) feet at the front building line.

                        d.  The length of a lot shall be not greater than three (3) times the width of

                  2.  Lot Area

                        a.  For each single-family dwelling and building accessory thereto, there

                             shall be a lot area of not less than six thousand, five hundred (6500)

                             square feet.

                        b.  For each two-family dwelling there shall be a lot area of not less than

                             nine thousand (9000) square feet.

                        c.  For multiple-family structures, there shall be a lot area of not less than

                             six thousand (6000) square feet plus an additional one thousand, five

                             hundred (1500) square feet for each dwelling unit.

E.               Height Limitation

                  No structure shall be erected with a flat roof in excess of thirty (30) feet from

                  the ground and a gable roof with the bottom of its rafter of gable roof not in   excess of thirty feet from the ground.

F.               Yard Requirements

                  Twenty-five (25) foot setback required from street right-of-way line or not to   exceed the adjacent structures on the frontage in existing developed areas.  All   other property lines will have a minimum ten (10) foot set back.  Exceptions:             Where offsets occur, the Council will make necessary determinations.  Corner        lots where setback requirements are in doubt, the Council will make the             determination.

G.              Fence

A building permit is required for all fences.  The fence must be six (6) inches in from the property line on sides abutting City right-of-way.

H.              Storage and parking of recreational vehicles

1)  Recreational vehicles are travel trailers, tent trailers, campers, coach or any motorized dwelling.    

2)  Parking of personnel recreation vehicles are allow year round if it is not connected to City water and sewer system.

3)  One (1) guest recreational vehicle is allowed for a maximum of seven (7) days in any three (3) month period.  (Exceptions can be made by the Council for special circumstances.)

4)  The recreational vehicle is to be connected to an external electrical source and the vehicle generator may not be used.

SECTION VIII.  GENERAL COMMERCIAL DISTRICT (GC) USE REGULATIONS

A.              General Description

                  This district covers the existing and new commercial areas of the City. Therefore, within the district there may be a mixture of existing commercial and residential uses.  It is not intended that every type of commercial facility distributed throughout the City be included within this classification but these would remain as non-conforming uses as regulated in Section XVI.

B.              Permitted Uses (Building Permit required)

                  1.   Stores, shops, consumer goods and services facilities

                  2.   Convenience goods and personal services stores

                  3.   Professional and general offices and related services

                  4.   Restaurants and eating places other than drive-ins

                  5.   Schools, day schools and kindergartens

                  6.   Churches

                  7.   Art galleries, libraries, museums and community centers

C.              Uses Permitted on Review (Building Permit required)

                  Uses permitted upon review by the Governing Body on a conditional basis

                  include:

                        1.  Public utilities as required and compatible with a commercial district

                        2.  Hospitals, convalescent, maternity or nursing homes.

3.  Charitable, religious, educational and philanthropic institutions including associated residential quarters.

                        4.  Halls, rooms, buildings and places of assembly used principally for arts and recreation

                        5.  Clubs and lodges

                        6.  Service stations and drive-in restaurants

                        7.  Commercial, recreation and amusement facilities

                        8.  Hotels, motels, apartment hotels or tourist homes

                        9.  Industrial uses of warehousing or light manufacturing nature with a                               maximum area space of ten thousand (10,000) square feet

                        10.  Commercial parking lots and garages

                        11.  Mechanical, automobile, automotive and household sales and service

                        12.  Signs subject to size, type and placement restrictions

                        13.  Incidental uses and buildings normally associated with the above

                        14.  Recreation areas, reserves and open spaces

15.  Caretaker residence - Must be set back to the rear of the property owned or operated by said business and must be removed within ninety (90) days from last operation date of that business unless new business is established.  The person residing at caretaker residence must be an owner, operator, or employee of the business.

D.              Lot Width and Area Requirements

                  There shall be no minimum width and area requirements for commercial uses.  Residential uses shall conform with area requirements as provided in District GR.

E.               Height Limitation

                  No structure shall be erected with a flat roof in excess of thirty (30) feet from the ground and a gable roof not in excess of thirty (30) feet from the bottom of its rafter to the ground.  Any exception to this regulation that pertains to and is necessary to the permitted uses of this district shall be reviewed by the Governing Body.

F.               Yard Requirements

                  The following requirements shall apply as guidelines only, however anything that is not in compliance with these guidelines (Sec VII subtitle F) shall require public hearing before Council action can be taken

                  1.   Front Yard

                        A minimum front yard of twenty (20) feet is required in the general                                     commercial areas located outside of the designated Central Business District. 

                  2.   Side Yard

                        A minimum side yard of twenty (20) feet is required in general commercial districts outside of the designated Central Business District.  Side yard which abuts a residential district shall be not less than twenty-five (25) feet.

                  3.   Rear Yard

            Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in depth.  The depth of a rear yard which    abuts a residential district shall be not less than fifteen (15) feet.  In all other cases no rear yard is required.

SECTION IX.  CENTRAL BUSINESS DISTRICT (CB)

A.              General Description

This district located in the central part of a community, describe as: On “A” Avenue between Oak Street & Elm Street and the East side of “A” Avenue from Oak Street extending North to Hwy. 1416 of the City.  Therefore, within the district there may be a mixture of existing commercial and residential uses.  It is not intended that every type of commercial facility distributed throughout the City be included within this classification but these would remain as non-conforming uses as regulated in Section XVI.

B.              Permitted Uses (Building Permit required)

                  1.   Stores, shops, consumer goods and services facilities

                  2.   Convenience goods and personal services stores

                  3.   Professional and general offices and related services

                  4.   Restaurants and eating places other than drive-ins

                  5.   Schools, day schools and kindergartens

                  6.   Churches

                  7.   Art galleries, libraries, museums and community centers

C.              Uses Permitted on Review (Building Permit required)

                  Uses permitted upon review by the Governing Body on a conditional basis

                  include:

                  1.   Public utilities as required and compatible with a commercial district

                  2.   Hospitals, convalescent, maternity or nursing homes.

                  3.   Charitable, religious, educational and philanthropic institutions including associated residential quarters.

                  4.   Halls, rooms, buildings and places of assembly used principally for arts and recreation

                  5.   Clubs and lodges

                  6.   Service stations and drive-in restaurants

                  7.   Commercial, recreation and amusement facilities

                  8.   Hotels, motels, apartment hotels or tourist homes

                  9.   Industrial uses of warehousing or light manufacturing nature with a maximum area space of ten thousand (10,000) square feet

                  10.  Commercial parking lots and garages

                  11.  Mechanical, automobile, automotive and household sales and service

                  12.  Signs subject to size, type and placement restrictions

                  13.  Incidental uses and buildings normally associated with the above

                  14.  Recreation areas, reserves and open spaces

15.  Caretaker residence - Must be set back to the rear of the property owned or operated by said business and must be removed within ninety (90) days from last operation date of that business unless new business is established.  The person residing at caretaker residence must be an owner, operator, or employee of the business.

D.              Lot Width and Area Requirements

                  There shall be no minimum width and area requirements for commercial uses.  Residential  uses shall conform with area requirements as provided in District GR.

E.               Height Limitation

                  No structure shall be erected with a flat roof in excess of thirty (30) feet from the ground and a gable roof not in excess of thirty (30) feet from the bottom of its rafter to the ground.  Any exception to this regulation that pertains to and is necessary to the permitted uses of this district shall be reviewed by the Governing Body.

F.               Yard Requirements

                  The following requirements shall apply as guidelines only, however anything    that is not in compliance with these guidelines (Sec VII subtitle F) shall require public hearing before Council action can be taken

                  1.   Front Yard

                        Front yard may be on the property line

                  2.   Side Yard

No side yard is required except that the width of a side yard which abuts a residential district shall be not less than twenty-five (25) feet.

                  3.   Rear Yard

            Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in depth.  The depth of a rear yard which    abuts a residential district shall be not less than fifteen (15) feet.  In all other cases no rear yard is required.

SECTION X.  GENERAL INDUSTRIAL DISTRICT (GI) USE REGULATIONS

A.              General Description

                  This district is intended to contain a wide range of heavy commercial and light industrial activities of a non-nuisance nature, which by reason of these land requirements are separated from the general commercial district, but may  in  some uses be compatible with such district.

B.              Permitted Uses

                  All industrial uses shall be considered special uses and a special use permit shall be issued upon review by the Planning Commission and approval by the Governing Body

SECTION XI GENERAL AGRICULTURAL DISTRICT (GA)

A.              Permitted Uses (Hearing if necessary)

                  Crops and livestock (provided no substantiated complaint from the residential             areas are received.

SECTION XII RURAL SERVICE DISTRICT (RS)

A.              Purpose:  SDCL 9-21 A provides that lands that are rural in character, are used or usable for agriculture, and are not developed for commercial, industrial or residential purposes, are not benefited to the same degree as other lands by municipal services financed by general taxation.  Such land may be placed in a rural service district, and will not be subject to municipal property tax until removed.

B.             Authority:  This article adopted pursuant to the authority granted by SDCL 9-21A.  Land placed in a rural service district shall benefit from such designation until removed under the criteria set forth in section XII-D.

C.             Definitions:  Commercial shall be given its ordinary meaning.  Industrial shall be given its ordinary meaning.  Residential development shall mean a major subdivision of more than three (3) lots, having a density equal to or greater than one (l) lot per two (2) acres.

D.             Criteria for removal from district: If any of the following criteria are met, the common council, by order, shall remove the property, in whole or in affected part, from the district: 

1.    When a parcel in a rural service district is platted and developed or used for the purpose of commercial, industrial, or residential development.

2.    When a planned unit development final plan is approved for all or part of the district, the portion approved for such development shall be removed from the district upon the issuance of a building permit.

3.    When access to or within the district is from a street dedicated to and accepted by the city, that platted portion directly served by such street shall be removed from the district.

4.    After removing the property from the district the remaining portion, if comprised of forty (40) acres or more, may remain in the district.

E.              A copy of the establishment of a rural service district will be given to the Pennington County Director of Equalization and the property owner.

SECTION XIII.  MOBILE HOME PARKS

                  In order to accomplish the general purpose of this ordinance, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, are potentially incompatible with existing development or because the effect of such uses cannot definitely be foreseen.

1. The following property development standards shall apply for all mobile home parks:

                  1.   No parcel of land containing less than thirty-five thousand (35,000) square feet and five (5) mobile home spaces, available at time of first occupancy, may be used for the purpose permitted in the mobile home park.

                  2.   The mobile home park shall be subject to the density provisions of the district in which it is located, provided, however, there shall be not less than three thousand (3000) square feet of lot area for each space   provided on the site.  This space ratio shall include access roads, automobile parking, accessory building space, and recreational area.

                  3.   The mobile home park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. All parts of the site upon which mobile home sites are to be provided shall be above the regulatory flood elevation.

                  4.   Yards

                        a.  Each mobile home park shall have a front yard of twenty (20) feet extending for the full width of the parcel devoted to said use.

                        b.  Each mobile home park shall have a rear yard and a side yard on both sides of the parcel devoted to said use of not less than ten (10) feet.

                        c.  Where a side or rear yard abuts a street, the yard shall be not less than twenty-five (25) feet and all yards shall be landscaped and maintained.

                  5.   No building or structure erected or stationed in this park shall have a height greater than one (1) story or fifteen (15) feet.

                  6.   Each mobile home park shall be permitted to display on each street frontage, one identifying sign of maximum size of nine (9) square feet. Said sign shall contain thereon only the name and address of the mobile    home park and may be lighted by indirect lighting only.

1. Each mobile home park shall be of sufficient size that, in addition to the mobile home space, the following areas shall be provided:

                  1.   Each mobile home space shall be at least fifty (50) feet wide and such space shall be clearly defined by permanent markers.

                  2.   There shall be a front yard setback of twenty-five (25) feet from all access  roads within the mobile home park.

                  3.   Mobile homes shall be harbored on each space so that there will be at least a twenty (20) foot clearance between mobile homes or appurtenances, provided, however, with respect to mobile homes parked end-to-end, the end-to-end clearance shall be not less than ten (10) feet.  No mobile home shall be located closer than twenty (20) feet from any building within the mobile home park.

                  4.   There shall be at least one (1) graveled, off-street parking space for each mobile home space, which shall be on the same site as the mobile home served, and may be located in the rear or side yard of said mobile home space.

                  5.   Each mobile home space shall be provided with a uniform permanent storage shed of at least two hundred (200) cubic feet.

C.              General Provisions

                  1.   There shall be established and maintained within each park an automobile parking area for the use of guests.  The number of spaces within this area shall be equal to one (1) for every four (4) trailer sites.

                  2.   Access roads within a mobile home park shall be surfaced with six (6) inches of three-fourths (3/4) inch gravel to a width of not less than twenty-four (24) feet.  Where access roads are surfaced to a width of forty (40) feet or more, the required guest parking area shall be waived.

1. Mobile home spaces may abut upon a driveway of not less than twenty(20) feet in width, which shall have unobstructed access to the access road within the mobile home park.  Vehicular access shall be provided from a public street, and all dead-end driveways shall include adequate vehicular turning space.

                  4.   A minimum of four (4) inches of compacted gravel, or other suitable pavement material, shall be installed for each trailer space.

                  5.   Walkways not less than four (4) feet wide shall be provided from the mobile home spaces to the service building.

                  6.   Each mobile home space shall be provided with a water meter and a connection to a sanitary sewer.

                  7.   For each mobile home park over ten (10) spaces, there shall be provided a park and  recreation area having a minimum of two hundred (200) square feet for each mobile home space.  Areas shall be consolidated into usable areas with minimum dimensions of not less than thirty (30) feet.

                  8.   Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer shall not be permitted in a mobile home park.

                  9.   Enclosed structures shall be subject to a building permit.

                  10. Mobile homes shall not be used for commercial, industrial, or other non-residential uses within the mobile home parks, with the exception of home occupations with the approval of the park owner.

                  11. The mobile home shall be tied to ground anchors and this tie down system shall meet ANSI Code A119.1 as adopted by the South Dakota Legislature for standard wind loads.

            12. The mobile home shall be provided with skirting from the bottom of the walls to the ground, within thirty (30) days following occupancy, and remain in place completely until the mobile home is removed from the park.  This skirting must be constructed of fire retardant materials.

            13. The mobile home must be at least fourteen feet wide and seventy feet in length; finished quality siding (wood, vinyl, metal – no plywood or OSB); have a peaked roof (does not have to be a factory installed peaked roof)

            14. The City Council reserves the right to inspect or see photographs of the home to be placed to insure the conditions.

            15.  The Mobile/Manufactured Home- Move in Checklist is incorporated into this ordinance and a member of the Common Council will inspect each mobile home prior to the building permit (move on permit) going before the City Council. The non-refundable fee for this inspection checklist is $50.00 on top of the building permit fee.

            16.  All exits in this mobile home must have stairs within 30 days of placement. 

D.              Application for Permit

An application for a mobile home park permit shall be as regulated hereunder and as in the Building Code.  The application for a permit shall be filed with the Zoning Administrator. Each application shall be accompanied by three (3) copies of the plot plan drawn to scale, and prepared by a licensed engineer or architect.  Such copies shall be reviewed and approved by the Governing Body.  The following information shall be shown:

                        1. The location and legal description of the proposed mobile home park.

                        2. Plans and specifications of all buildings, improvements and facilities                               constructed or to be constructed within the mobile home park.

                        3. The proposed use of buildings shown on the site.

                        4. The location and size of all mobile home spaces.

5. The location of all points of entry and exit for motor vehicles and internal circulation pattern

                        6. The location of all landscaping to be provided.

                        7. The location of all lighting standards to be provided.

8. The location of all walls, sidewalks and fences and the indication of their height and the materials of their construction.

                        9. The name and address of the applicant.

10. Such other architectural and engineering data as may be required to permit the Governing Body to determine if the provisions of this ordinance are being complied with.

A time schedule for development shall be prepared which shall demonstrate the applicant's readiness and ability to provide the proposed services, and all required improvements and facilities shall be installed within one (1) year.

E.               Permit requirements

                  After a mobile home park has been established and approved, park owners or   managers may issue permits, without approval in advance, but permit must be     filed in the City Hall within five (5) days after move on, with all fees paid, or   permit may be declared invalid by the City Council, and the mobile home may       be subject to removal by Council action.

SECTION XIV.  TRANSPORTED HOMES ON SINGLE LOTS

A.  Transported homes on single lots may be permitted after a hearing for use on review if they meet the following requirements (adjoining property owners will be notified prior to hearing):

1. The City Council reserves the right to inspect or see photographs of the transported home to be placed on a single lot to insure the condition.

2. The transported home shall be on a lot, which meets the minimum size requirements of the district in which the lot is located.  All setbacks and yard requirements shall be met.  Only one transported home shall be allowed per lot.

3. All transported homes shall meet Local, State, and Federal Building Codes concerning  their construction.

4. All transported homes shall be connected to all utilities prior to occupancy.

5. The transported home shall be provided with skirting from the bottom of the walls to the ground within thirty (30) days of move on.  This skirting must be constructed of fire retardant material.

6. The transported home shall be supported on a concrete foundation; concrete, masonry, or wood basement; concrete piers; masonry blocks or other durable material comparable to the exterior of the home.

7. The transported home must be at least twenty feet wide.

8. The transported home must have factory installed wood, hardboard or siding with a  wood appearance.

9. The transported home must have a factory installed peaked non-reflective roof.

SECTION XV  OFF-STREET PARKING

A.              Provision and Maintenance Required

                  No land shall be used or occupied; no structure shall be erected, altered, used, or occupied; and no use shall be operated unless off-street parking facilities, in          at least the amount herein required, are provided or available, except within

                  the             General Commercial District, and maintained in the manner herein set

                  forth.  Provided-for uses existing on the effective date of this ordinance shall

                  not be reduced below the requirements of the section.  Off-street parking

                  facilities shall be provided and maintained as required in this section for any

                  addition to or the extension or enlargement of a use of land or building which

existed on the effective date of this ordinance.  The provision and maintenance of the off-street parking facilities herein required shall be the joint and several responsibility of the operator and owner of the use and the operator or owner of the land on which, or the structure in which, is located.

B.              Size and Location

                  Each off-street parking space shall be an area of appropriate dimensions, of      not less than three hundred (300) square feet including access and

                  maneuvering space.  Except as otherwise permitted under a special plan for

                  location or sharing of facilities, off-street parking facilities shall be located on

                  the building site on which the use or structure for which they are provided is

                  located.  Off-street parking facilities for dwelling uses shall not occupy any

                  part of a required front yard.

C.              Maintenance

                  Off-street parking facilities shall be constructed, maintained and operated in    accordance with the following specifications:

                  1.   Drainage and surfacing - They shall be properly graded for drainage,           surfaced with gravel, concrete or asphalt and maintained in good condition,

                  free of weeds, dust, trash and debris.

                  2.   Protective Barriers - They shall be provided with barriers of such     dimensions that occupants of adjacent structures are not unreasonably        disturbed, either by day or night, by the movement of vehicles.

                  3.   Lighting - Facilities shall be so arranged that the source of light is    concealed from public view and from adjacent residential properties and does            not interfere with traffic.

                  4.   Entrances and Exits - They shall be provided with entrances and exits so    located as to minimize traffic congestion.

                  5.   Prohibition of Other Uses - They shall not be used for the sale, repair,         dismantling or servicing of any vehicles, equipment, materials or supplies.

                  6.   Limitation of Size of vehicles - In the residential districts they shall be        used only by vehicles up to three-fourths (3/4) ton manufacturer's capacity      rating.

D.              Combined Facilities

                  The off-street parking facilities required of two or more uses located on the      same building site may be combined and used jointly; provided, however, that             where the facilities are combined and used jointly by two or more uses having         different standard for determining the amount of facilities required, the off-                  street parking facilities shall be adequate in area to provide the sum total of

                  the             facilities required of all such uses.

E.               Amounts of Off-Street Parking Facilities Required

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

                  1.   Dwellings, One-Family - Two spaces per family dwelling unit.

                  2.   Dwellings, Multiple-Family - 1.5 spaces per dwelling unit.

                  3.   Hotels, Motels, Rooming Houses, Tourist Courts - One space per guest       room.

                  4.   Mobile Home Parks - One space per mobile home unit.

                  5.   Churches - One space per four seats.

                  6.   Restaurants - One space per three hundred (300) square feet of gross floor  area.

                  7.   General Business, Commercial and Personal Service Establishments,           Offices, Filling Stations, Repair Shops, Medical and Dental Clinics - One       space per three hundred (300) square feet of gross floor area.

                  8.   Industrial and Manufacturing Establishments - One space per four hundred            (400) square feet of gross floor area.

                  9.   Warehouses, for any building which is arranged and intended for use as a   warehouse and contains ten thousand (10,000) square feet of gross floor        area or less - One space per four hundred (400) square feet of gross floor       area.

                  10. For Any Other Use - The Governing Body shall determine the minimum     number of parking spaces which shall be required, upon recommendation by    the Planning Commission.

F.               Special Plan for Location or Sharing of Facilities

                  Part or all of the required off-street parking facilities may be located on a site   other than the site occupied by use or structure for which the parking is being provided if the following procedures are followed.  Also, two (2) or more uses      may share the same off-street parking facilities if a special plan application is                   approved.

                  1.   Application - An application shall be filed with the Zoning Administrator   and shall include plane showing the location and other information deemed             necessary by the Zoning Administrator.

                  2.   Review - Applications shall be reviewed by the Planning Commission and approved or disapproved by the Governing Body within ninety (90) days.

                  3.   Registration - The special plan, upon approval, shall be registered among     the records of the Zoning Administrator.

SECTION XVI.  SIGN REGULATION

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

                  The regulations for signs and other advertising structures are indicated as         follows:

A.              No sign shall be permitted in the Residential (GR) District except as allowed   for home occupations.

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

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

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

                  3.   No advertising sign shall be erected to exceed twenty (20) feet above the   ground level or fifty (50) feet in length.  The bottom coping of every

                  advertising sign shall be at least three (3) feet above the ground or street level.

                  4.   No advertising sign shall be located in any area designated by the   Governing Body as one of scenic beauty or historical interest.

                  5.   A permanent sign shall not be suspended across public streets or other        public places, except as permitted by the Governing Body.

                  6.   No sign shall be placed in any public right-of-way except publicly owned   signs, such as traffic control signs; however temporary and short term signs

                  may be permitted in public right-of-way providing that they meet the

                  following criteria:

                        a)         must be approved by City Hall.

                        b)         do not restrict the view of on coming traffic or expose the City to any other liability.

                        c)         must be set back at least ten (10) feet from what is considered to be                                    the normal driving surface when possible.

                        d)         may not be placed in an area normally considered as a parking area                          (10 foot set back from parking area is not required.)

                  7.   The placement of signs shall comply with any state or federal rules or          regulations that may apply.

SECTION XVII.  ZONING DISTRICTS MAP

A.              The Zoning Districts Map dividing the City into the several districts as shown is hereby made a part of these regulations.

B.              The official Zoning Districts Map shall be kept and maintained by the Zoning Administrator and shall be available for inspection and examination by               members of the public at all reasonable times as any other public record.

C.              When, in accordance with provisions of these regulations and 1967 SDCL 11- 4-8, changes are made in district boundaries or other matters portrayed on the             Zoning Districts Map, said changes shall be made promptly after the       amendment has been approved by the Governing Body.

SECTION XVIII.  INTERPRETATION OF ZONING DISTRICTS MAP

A.              Map Symbols

                  The symbol of a given Zoning District as defined by the legend of the Zoning Districts Map shall apply to all property contained in the boundaries of that     district as shown on the map.

B.              Interpretation of District Boundaries

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

1. Boundaries shown as following or approximately following platted lot

 lines or other property lines, such lines shall be construed to be said boundary lines.

                  3.   Boundaries shown as following or approximately following railroad lines    shall be construed to lie midway between the main tracks of such railroad

                  lines.

                  4.   Boundaries shown as following or approximately following the center line of streams, rivers, or other continuously flowing water courses shall be construed as following the channel center line of such water courses and the      said boundaries shall be deemed to be at the limit of the jurisdiction of the

                  City unless otherwise indicated.

                  5.   Boundaries shown as following or closely following the limits of political   jurisdictions shall be construed as following such limits.

                  6.   Where the application of the aforesaid rules leaves a reasonable doubt as    to the boundaries between two districts, the regulations of the more restrictive districts shall govern the entire parcel in question, unless otherwise

                  determined by the Governing Body.

                  7.   Whenever any street, alley, or other public easement is vacated, the district             classification of the property to which the vacated portions of land accrue,

                  shall become the classification of the vacated land.

SECTION XIX.  GENERAL PROVISIONS FOR APPLICATION OF REGULATIONS

1. This ordinance is intended to regulate the erection, construction,

                  reconstruction, alteration and use of buildings and structures and the uses of

                  land.  All regulations shall be uniform for each class or kind of building

                  throughout each district.

B.              The requirements set forth in the several districts shall be considered as             minimum requirements for the district and may be exceeded by the individual   property owner, except as hereinafter provided:

                  1.   No land shall be used or occupied except for conformity with the    regulations prescribed for the district in which said land is located.

                  2.   No building shall be erected, converted, enlarged, reconstructed, moved or            structurally altered, nor shall any buildings or part thereof be used or       occupied except in conformity with the use regulations prescribed for the        district in which said building is located.

                  3.   No building shall be erected, converted, enlarged, reconstructed, moved or            structurally altered except in conformity with the off-street parking as   prescribed by the uses.

1. The minimum site area, yards, parking spaces, and open spaces required

                  by these regulations for each building existing at the time of the passage of

                  this ordinance or for any building hereafter erected, shall not be encroached     upon or considered as required yard or open space for any other building,   except as hereinafter provided, nor shall any site area be reduced below the      requirements of these regulations.

                  5.   Every building or structure, other than any accessory structure, hereafter     erected, converted, enlarged, reconstructed, moved or structurally altered,         shall have provided and continuously maintained for it a separate building         site as herein defined.

                  6.   Construction of principal use and accessory use structures may be   concurrent but no accessory use structure shall be constructed or occupied      prior to construction or occupancy of the principal structure.

1. Every use, expressly exempted by this ordinance, shall be operated

                  entirely within a completely enclosed structure.

                  8.   Land, farm houses, barns, outbuildings or other buildings, structures or       locations which are adapted by reason or nature and area for agricultural            purposes as a primary means of livelihood, while so used shall not be      affected by the general restrictions or regulations of this ordinance.

SECTION XX.  NONCONFORMING USE OF LAND AND STRUCTURES

Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained and repaired, except as otherwise provided in this section.

A.              Continuance of Nonconforming Uses

                  The lawful operation of a nonconforming use as such use existed on the                        effective date of this ordinance, or any amendment hereto, by which the use became a nonconforming use, may be continued; provided, however, that the    number of dwelling units in a nonconforming dwelling use shall not be       increased over or exceed the number of dwelling units existing in the nonconforming use on the effective date of this ordinance.

B.              Non-conforming Mobile Homes

                  A mobile home which is non-conforming to the requirements of Section XI

                  may continue to occupy a residential lot.  However, when a mobile home is

                  moved from a residential lot, the replacement mobile home shall conform to

                  the             requirements of Section XI concerning mobile homes on single residential

                  lots.

C.              Lots of Record

                  Where there are existing recorded lots which are under separate ownership

                  and which do not meet minimum lot size requirements, including lot area, lot

                  width, and lot length, residential buildings may be constructed as long as side

                  yards are not less than five (5) feet wide and the rear yard is not less than

                  fifteen (15) feet deep.  Front yard requirements shall be met.  However, no

                  recorded lot shall be divided into two or more lots unless the resulting lots

                  conform to all size regulations of the district in which the lot is located.

D.              Extension of Nonconforming Uses in Structures

                  A nonconforming use in a structure may be extended throughout the structure             provided no structural alterations, except those required by law or ordinance,      are made therein.

E.               Termination of Nonconforming Uses

                  Except as hereinafter provided, a nonconforming use that has been abandoned             or discontinued for a year shall not hereafter be re-establised.

F.               Destruction, Damage or Obsolescence of Structure

                  The right to operate and maintain any nonconforming use shall terminate          whenever the structure, or structures, in which the nonconforming use is            operated and maintained are damaged, destroyed or become obsolete or       substandard beyond the limits hereinafter establishd for the termination of             nonconforming structures.

G.              Continuance of Nonconforming Structures

                  Except as hereinafter provided, any nonconforming structrue may be occupied             and operated and maineained in a state of good repair.

H.              Enlargement or Extension of nonconforming Structures

                  A non conforming structure in which a nonconforming use is operated shall

                  not be enlarged or extended; a nonconforming structure in which only

                  permitted uses are operated may be enlarged or extended if the enlargement or

                  extension can be made in compliance with all of the provisions of this

                  ordinance established for structures in the district in which the nonconforming 

                  structure is located.

I.                Restoration of Damaged nonconforming Structures

                  A nonconforming structure damaged in any manner and from any cause           whatsoever to the extent of not more than fifty (50) percent of its replacement           cost may be restored, provided restoration is completed within one (1) year of             the date of the damage.

J.                Outdoor Advertising Signs and structures

                  No outdoor advertising sign or outdoor advertising structure which, after the   adoption of this ordinance, exists as a nonconforming use in any district shall           continue, as herein provided for nonconforming uses, but every such sign or    structure shall be removed or changed to conform to the regulations of said                   district within a period of two (2) years.

SECTION XXI.  ADMINISTRATION AND ENFORCEMENT

A.              A building permit is required for any activity covered by this ordinance or any             other duly passed ordinance by the City of New Underwood.

1. No land shall be used or occupied and no structures shall be occupied except in conformance with all regulations herein established and upon performance of all conditions herein set forth.

C.              Uses Permitted on Review

                  Uses permitted on review as provided herein, are declared to possess    characteristics which require special consideration in order to ensure          compatibility with other uses in the district within which they are proposed.

1. General Requirements - uses permitted on review shall be permitted

                   subject to a determination of the Governing Body that they conform to all

                   regulations set forth herein and elsewhere in this ordinance, with particular

                   reference to those requirements established for those districts in which they

                   are proposed for location.  The Zoning Administrator shall make a

                   recommendation to the Governing Body concerning uses permitted on

                   review.

                  2.   Applications for permission to build, erect or locate a use permitted on        review shall be submitted and processed in accordance with the regulations set            forth in this section, prior to the issuance of any permits.

1. The Zoning Administrator is hereby designated as the enforcing officer and is hereby vested with the duties of administration and enforcement of this ordinance and the power necessary for such administration and enforcement.

                  1.   Review all applications for building permits and make reports concerning               these applications as they relate to zoning, to the Governing Body.  The                       Zoning Administrator shall make recommendations to the Governing Body                  who shall approve or disapprove applications for building permits.

                  2.   Issue Certificates of occupancy and make recommendations concerning                  applications for special plans.

                  3.   If the Zoning Administrator shall find that any of the provisions of these                regulations are being violated, he shall notify in writing (CNU Form #3) the                       person responsible for such violations, indicating the nature of the violation              and ordering the action necessary to correct it.  If the violator continues                         work after the date written notification is received, the violation and Penalty                     Clause will take effect.  He shall order discontinuances of illegal buildings                    or structures or of illegal additions, alterations or structural changes;                     discontinuance of any illegal work being done; or, shall take any action                         authorized by this ordinance to ensure compliance with or to prevent                      violations of its provisions.

E.               Violation and Penalty

                  Any violation of this ordinance or amendment hereto shall have a citation         issued to the violator.  The violator, upon being found guilty shall be punished   as for a misdemeanor, and any court having jurisdiction of misdemeanor cases      shall have jurisdiction to try violators and upon being found guilty to fine

them not less than twenty-five dollars one hundred dollars ($25.00) ($100.00) and no more than one two hundred dollars ($100.00) ($200.00) for each offense, and each day that any violation of this code is in effect shall constitute a separate offense.

SECTION XXII.  BOARD OF ADJUSTMENT

A.              A board of Adjustment is hereby established.  The City Council shall function             as the Board of Adjustment and exercise the following powers:

                  1.   The Board shall hear and decide all appeals.

1. The Board shall have the power to approve variances from the terms of

       this ordinance.

SECTION XXIII.  VARIANCES

                  The purpose of the variance is to modify the strict application of the specific    requirements of this ordinance in the case of exceptionally irregular, narrow,       shallow or steep lots, or other exceptional physical difficulty or unnecessary        hardship which would deprive an owner of the reasonable use of his land. 

                  The variance shall be used only where necessary to overcome some obstacle

                  which is preventing an owner from using his lot as the Zoning Ordinance

                  intended.

A.              Application

                  After written denial of a building permit from the Zoning Administrator, a       property owner may make application to the Board of Adjustment for a            variance and a decision will be rendered within fifteen (15) days.

The Zoning Administrator shall review the building permit and determine if a variance is needed.  If a variance is needed the property owner and adjacent property owners will be informed of when the building permit will be reviewed by the Common Council.  If there is not enough time between the submittal of the building permit and the scheduled Council meeting for notification of adjacent property owners the building permit will be held till the next scheduled Council meeting.

B.              Public Hearing

Upon receipt of an application and fee the Board shall hold a public hearing, with notification to all adjacent property owners, such notice stating time and place of such hearing.

CB.            Standards for Variances

                  In granting a variance, the Board shall ascertain that the following criteria are   met:, and presented at the public hearing:

                  1.   Variances shall be granted only where special circumstances or conditions              (such as exceptional narrowness, topography or siting) fully described in                  the finding of the Board, do not apply generally in the district.

                  2.   Variances shall not be granted to allow a use otherwise excluded from the              particular district in which requested.

                  3.   For reasons fully set forth in the findings of the Board, the aforesaid                                        circumstances or conditions are such that the strict application of the                 provisions of this ordinance would deprive the applicant of any reasonable                  use of his land.  Mere loss in value shall not justify a variance; there must              be a deprivation of beneficial use of land.

                  4.   Any variance granted under the provisions of this section shall be the                      minimum adjustment necessary for the reasonable use of the land.

                  5.   The granting of any variance is in harmony with the general purposes and               intent of this ordinance and will not be injurious to the neighborhood,                  detrimental to the public welfare, or in conflict with the comprehensive                      plan for development.

                  6.   A fee of fifteen dollars ($15.00), due and payable at the time of the appeal,                        shall be paid to the Zoning Administrator as agent for the Board to cover

                        the costs of notices and other expenses incidental to the hearing.

DC.           Requirements for the Granting of a Variance

                  Before the Board shall have the authority to grant a variance, the person           claiming the variance has the burden of showing:

                  1.   That the granting of the permit will not be contrary to the public interest.

                  2.   That the literal enforcement of the ordinance will result in unnecessary                          hardship.

                  3.   That by granting the permit contrary to the provisions of the ordinance, the                        spirit of the ordinance will be observed.

                  4.   That by granting the permit, substantial justice will be done.

SECTION XXIV.  AMENDMENTS

A.              This Zoning Ordinance, including the Zoning District Maps, may be amended by the Governing Body by the following procedures:

                  Changes in Zoning Map

                  1.   A public hearing shall be held to consider an amendment to the Zoning                        Map.

                  2.   If the City Council, Zoning Administrator and property owner are                                agreeable, and no opposition arises at the public hearing, the City Council                     may change the Zoning Map by resolution.

                  3.   If opposition to the proposed change arises before or during the public

                        hearing, the City Council shall only make changes to the Map by using                         procedures customary in the adoption of a City Ordinance.

                  Changes in Zoning Ordinance Text:

                  1.   Changes in the Zoning Ordinance text shall be made by holding a public                hearing and following ordinance adoption procedures.

B.              Under no circumstances shall a property owner or owners reinitiate a request    for the same rezoning on the same property within twenty-four (24) months

                  from the date of last action by the Governing Body.

SECTION XXV.  LEGAL STATUS PROVISIONS

A.              Interpretation

In applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.  Whenever the provisions for this ordinance are also regulated by another ordinance, the ordinance which is deemed more restrictive shall govern.

B.              Severability

                  The requirements and provisions of this ordinance are severable, and should     any section, part or provision of this ordinance be declared invalid or      unconstitutional by any court of competent jurisdiction, the decision of the

                  court shall not affect the validity of the ordinance as a whole or any section

                  thereof other than the section, part or provision thereof so declared to be

                  invalid or unconstitutional.

1. All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to

                  give this ordinance full force and effect.

SECTION XXVI.  BUILDING PERMIT

A.              No person shall assist in or proceed with the construction, erection, alteration, enlargement, removal or demolition of any building or structure in the corporate limits of New Underwood without first securing a building permit.  A duly approved permit is required for any activity covered by this Ordinance or any other duly passed ordinance by the City of New Underwood.  Building permits are available on line or at City Hall.  All construction will conform to uniform building codes as required by the International Conference of Building Officials.

                  1.  Permit required:

                        a)  Any and all new construction

                        b)  Any and all additions to an existing structure

c)  Any and all changes in an outside opening i.e. moving a door or window, putting in a new door or window, and also to include chimneys

d)  Any and all removal of structures

                  2.  Items not included

a)  Interior changes that do not affect the outside appearance i.e. division or enlargement of rooms.

b)  Residing, painting, shingling or sodding unless it has a major impact upon the value of the structure or an effect on the floodway

B.              When completed plans for such building operation have been presented to and approved by the Common Council and the fees have been paid work may commence.

                  1.  Fees

                        a)  $25.00 for the first $1000.00 in valuation

                        b)  $2.00 for every $1000.00 or a fraction thereof in valuation there after

                        c)  No permit will cost over $200.00

C.              No permit for building operations shall be valid after six months unless the Common Council has granted a six month extension; and the Common Council may at any time revoke such permit when they are satisfied the work is not being done in the manner or according to the plans presented to them when applying for such permit.

D.              All petitions to build sidewalks, curbs, etc. or to grade, pave, open or lay out

                  streets shall be presented to the Common Council of the City.

                  1.  Residential sidewalks

                        a)  Four feet wide

                        b)  Four inches thick

                        c)  Slope to the street at a rate of ¼ inch per foot slope        

                  d)  Shall be placed six inches off the property line within designated right-of-ways

                  e)  City will assume responsibility for the placement of two grade stakes to be located at each end of the property

                  2.  Commercial sidewalks

                        a)  Ten feet wide

                        b)  Thickness to be determined at time permit is approved

                        c)  Slope to the street at a rate of ¼ inch per foot slope

CNU FORM #1

CITY OF NEW UNDERWOOD

BUILDING AND FPD PERMIT

PERMIT #  -                                                                           FEE $                      ðCheck#

Name of Applicant                                                                 Date                        ðCash

Address                                                                                   Phone

Location of Proposed Development

Lot No.                       Block                                       Addition

Section                        Township                    Range              BHM

Proposed Work

Attach to the application the following information where applicable.  Plans in duplicate, drawn to scale showing the nature, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.  Specifically the following information is required:  (1) Mean Sea Level (MSL) elevation of the lowest floor (including basement) of all structures: (2) MSL elevation to which any structure is floodproofed; (3) certification by a registered professional engineer or architect that the floodproofing methods meet the community floodproofing criteria; (4) a description of the extent to which any watercourse will be altered or relocated, and (5) base (100-year) flood elevation data for a development or subdivision greater than 50 lots or 5 acres.

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The following items are required from all applicants excepting those whose land is classified A-1 (general agriculture).

            1.  Actual dimensions and shape of the lot, buildings already existing, if any.

            2.  Location of existing or proposed building or alteration.

            3.  Statement of existing or proposed use of land and building.

            4.  Number of families, housekeeping units or rental units, the building is                       designed to accommodate.

            5.  Plans for water & sewer service lines that attach to City main.

            6.  Estimate of Cost $                         Completion date­_______________

I hereby agree to do the proposed work in accordance with the description above set forth, and in accordance with City, State, and Federal laws.  I hereby state and say that the facts stated by me and contained in the above application are true as stated herein.

ALL SITES MUST BE STAKED PRIOR TO APPROVAL OF PERMIT

If survey markers are not available, then you build at your own risk on actual set backs.

All new construction must supply a copy of their plumbing & electrical inspection or permit #’s.

________________________________________

Signature of City Official

(Signature of City Official does not represent final approval of building permit.)

* Note:  If a utility easement exists on the property, any construction within this easement area is done at the property owners own risk, and replacement or repair cost will be entirely at the property owner’s expense.

Subscribed and sworn before me at New Underwood, SD this ____day of  _______ 2011.

Expiration date (six months)

------------------------------------                                                ------------------------------------

FINANCE OFFICER                                                          Signature of Owner or Agent

-------------------------------------                                               -------------------------------------

MAYOR                                                                                Signature of Contractor

The following is to be completed by the Community Permit Official:

The proposed development is located in the              Floodway

                        Floodfringe.

The Base Flood Elevation or depth number at the development site is:

Source Documents:

Plan review

MSL Elevation or depth number to which the structure is to be elevated:                feet

MSL Elevation or depth number to which the structure is to be floodproofed:        feet

All necessary information and certificates are attached.

Action

______  Not in Conformance with F.M.S.                 ______  Conforms with F.M.S.

____________________                                            ____________________________

Date                                                                            Signature

Notice

Before doing any major excavating please contact the following agencies:

            West River Electric Association                                 279-2135

            Golden West Telephone                                             279-2161

            Greg Hall, Director of Public Works                          754-6773 or 754-6777

___________________________________________________________________

Pending notification by your Community Permit Official additional forms may be required and are available from the City Hall.

______  Preconstruction Form                                    ______  Postconstruction Form

___________________________________________________________________

Date of Request_________________________        Request forVariance #________

Approved

Denied                                                                        _________________________________

                                                                        Community Permit Official

Date                                                                _________________________________

                                                                        Mayor

CNU form #2

NOTICE OF VIOLATION

TO:

Name___________________________

Address__________________________

            _________________________

NATURE OF VIOLATION:____________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

ACTION NECESSARY TO CORRECT:______________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

ORDER TO DISCONTINUE WORK:         ______yes       _______no

REFER TO COUNCIL FOR CONSIDERATION_____________________________________________

___________________________

Date

____________________________

Zoning Administrator