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Zoning Regulations

for the City of Marion, South Dakota

EFFECTIVE DATE: January 2, 2002

 

Notice of Planning Commission Public Hearing published: September 27, 2001

Planning Commission Public Hearing held: October 10, 2001

Recommendation to adopt made by Planning Commission to City Council: October 22, 2001

Notice of City Council Public Hearing published: October 25, 2001

City Council Public Hearing held: November 5, 2001

First Reading held by City Council: November 5, 2001

Second Reading held by City Council: December 3, 2001

Notice of Adoption published: December 6, 2001

2nd Notice of Adoption published: December 13, 2001

Effective Date: January 2, 2002

 

 

 ORDINANCE NO. 238

AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF MARION, SOUTH DAKOTA, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.  BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MARION, SOUTH DAKOTA:

That this Ordinance establishes zoning regulations for the City of Marion, South Dakota, with such regulations being set forth in the document titled Zoning Regulations; provides restrictions, district boundaries and zoning map; provides for the administration, enforcement and amendment of this Ordinance; and repeals any other ordinance or parts thereof in conflict with this Ordinance.

                                                                                        

First Reading:  November 5, 2001

Second Reading:  December 3, 2001

Publication Dates:  December 6 and December 13, 2001

Effective Date:  January 2, 2002

 

       

Paul Engbrecht

SIGNED: Mayor, City of Marion                         

 

Katheryn Tieszen

ATTEST: Finance Officer, City of Marion


TABLE OF CONTENTS

ARTICLE 1:  GENERAL PROVISIONS

Chapter 1.01:  TITLE AND APPLICATION 

1.01.01   Title                                                                                        

1.01.02   Jurisdiction                                                                              

1.01.03   Intent                                                                                               

 

Chapter 1.02:  ORDINANCE PROVISIONS  

1.02.01   Provisions Declared to be Min. Requirements                                  

1.02.02   Penalties for Violation                                                                 

1.02.03   Separability Clause                                                                    

1.02.04   Repeal of Conflicting Ordinances                                                  

1.02.05   Effective Date                                                                                     

 

Chapter 1.03:  OFFICIAL ZONING MAP    

1.03.01  Adoption of Official Zoning Map                                                  

1.03.02   Changes to Official Zoning Map                                                   

1.03.03   Annexations                                                                             

  

ARTICLE 2:  DEFINITIONS         

Chapter 2.01:  GENERAL TERMS                                                                       

Chapter 2.02:  WORDS AND PHRASES                                                              

                                                                                                               

ARTICLE 3:  REGULATIONS      

Chapter 3.01:  CITY-WIDE REGULATIONS

3.01.01  Visibility at Intersections                                                             

3.01.02   Accessory Buildings                                                                           

3.01.03  Structures to Have Access                                                           

3.01.04   Manufactured Homes (outside of an approved MHP)                       

3.01.05   Manufactured Home Parks                                                          

3.01.06   Off-Street Parking Spaces (TABLE 1)                                             

3.01.07   Signs                                                                                      

3.01.08   Permitted Signs                                                                         

3.01.09   Private Wastewater Treatment Systems (Septic Tanks)                      

3.01.10   Permanent Foundations Required for Dwellings                               

3.01.11   Fences                                                                                    

3.01.12   Construction of More Than One Principal Structure on a Lot              

 

Chapter 3.02:  NON-CONFORMING USES  

3.02.01   Uses and Structures   

3.02.02   Lots of Record                                                                          

 

Chapter 3.03:  DISTRICT REGULATIONS   

3.03.01  Generally                                                                                  

3.03.02   Application of District Regulations                                                         

3.03.03   Zoning Districts                                                                        

3.03.04   Interpretation of District Boundaries                                              

3.03.05   District Regulations Established                                                   

                DISTRICT                                            

3.03.05 (A) A: Agricultural                             

3.03.05 (B) B-1: Central Business                     

3.03.05 (C) B-2: General Business                    

3.03.05 (D) F: Floodplain                               

3.03.05 (E) I-1: Light Industrial                        

3.03.05 (F) I-2: General Industrial                     

3.03.05 (G) R-1: Residential                            

3.03.05 (H) R-2: Manufactured Housing  

 

ARTICLE 4:  ADMINISTRATION                                                          

Chapter 4.01:  GENERALLY  

4.01.01  Applications and Fee Schedule                                                     

4.01.02   Issuance of Permits                                                                    

4.01.03   Expiration of Permits                                                                            

 

Chapter 4.02:  ZONING ADMINISTRATOR

4.02.01  Establishment and Purpose                                                          

4.02.02   Duties                                                                                               

4.02.03   Powers                                                                                     

 

Chapter 4.03:  BOARD OF ADJUSTMENT 

4.03.01  Establishment                                                                                     

4.03.02   Procedures for Meetings                                                             

4.03.03   Powers and Duties                                                                     

 

Chapter 4.04:  PROCEDURES FOR APPLICATIONS         

4.04.01   Building, Moving, and Demolition Permits                                      

4.04.02   Conditional Use Permits                                                              

4.04.03   Variances                                                                                 

4.04.04   Amendments                                                                                      

 

Chapter 4.05:  APPEALS      

4.05.01   Generally                                                                                 

4.05.02   Procedures                                                                                                                                                                                                                                                   

 

 

ARTICLE 1

GENERAL PROVISIONS

CHAPTER 1.01: TITLE AND APPLICATION

CHAPTER 1.02: ORDINANCE PROVISIONS

CHAPTER 1.03: OFFICIAL ZONING MAP

 

Chapter 1.01  TITLE AND APPLICATION

1.01.01  Title.  This ordinance shall be known and referred to as "The Zoning Ordinance of the City of Marion, South Dakota."  This ordinance shall include any and all provisions of the document titled Zoning Regulations, which is adopted by reference as a part of this ordinance.

1.01.02  Jurisdiction.  The provisions of this ordinance shall apply to all territory within the boundaries of the City of Marion, South Dakota, as established on the Official Zoning Map of the City of Marion.

1.01.03  Intent.  This ordinance has been prepared in accordance with a Comprehensive Plan for the City and is designed to coordinate physical development of the community with needs for public services and facilities, and to conserve the value of real estate by encouraging the most appropriate use of land.

The following specific purposes for this ordinance are hereby identified:

          * to provide for the orderly growth and development of the community;

* to lessen congestion in the streets;

* to secure safety from fire, panic and other dangers;

* to promote public morals, health and the general welfare;

* to provide adequate light and air;

* to prevent the overcrowding of land;

* to conserve the value of property;

* to encourage the most appropriate uses of land; and

* to facilitate the adequate provision of transportation, utilities, schools, parks and other public facilities.

  

Chapter 1.02  ORDINANCE PROVISIONS

1.02.01  Provisions of Ordinance Declared to be Minimum Requirements.  In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare.  Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.

1.02.02  Penalties for Violation.  Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations of conditions established in the granting of Variances or Conditional Uses, shall constitute a misdemeanor.  Each day such violation continues shall be considered a separate offense.  The owner or tenant of any building, structure or premises, any architect, builder, contractor, agent or other person who commits, maintains, assists in or participates in such violation may be found guilty of a separate offense and suffer the penalties provided.  Any person who violates the provisions of this Chapter shall be deemed to have engaged in a public nuisance as defined by SDCL Chapter 21-10 and the City of Marion, or the Zoning Administrator, may proceed to abate the nuisance as allowed by South Dakota law.

1.02.03  Separability Clause.  Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part other than the part so declared to be unconstitutional or invalid.

1.02.04  Repeal of Conflicting Ordinances.  All prior ordinances or parts of prior ordinances in conflict with this ordinance are hereby declared repealed.

1.02.05   Effective Date.   These regulations shall be in full force and effect from and after their passage, approval, publication and effective date of the Zoning Ordinance of the City of Marion, as provided for by South Dakota law.

 

Chapter 1.03  OFFICIAL ZONING MAP

1.03.01  Adoption of Official Zoning Map.  The Official Zoning Map for the City of Marion, on record with the Zoning Administrator and the Finance Officer, is hereby adopted by reference and declared to be a part of this ordinance.

1.03.02  Changes to Official Zoning Map.  Changes to or replacement of the Official Zoning Map shall require amendment of these regulations by ordinance, as provided for in 4.04.04 of these regulations.

1.03.03  Annexations.  In all territories which may hereafter be annexed to the City of Marion, the zoning districts as they exist in Turner County shall continue, unless and until such time as the area is rezoned by amendment of these regulations by ordinance, as provided for in 4.04.04 of these regulations.

 

 ARTICLE 2

DEFINITIONS

CHAPTER 2.01: GENERAL TERMS

CHAPTER 2.02: WORDS AND PHRASES

 

Chapter 2.01   GENERAL TERMS

For the purpose of this ordinance, certain terms and words are defined. 

The present tense includes the future tense;

The singular number includes the plural;

The plural number includes the singular;

Lot includes the words "plot" or "parcel";

May is permissive;

Shall is mandatory, and;

Person, in addition to an individual, includes the following terms:  "firm", "association", "organization", "partnership", "trust", "company" or "corporation".

  

Chapter 2.02  WORDS AND PHRASES

Accessory.  As applied to use or structure, means customarily subordinate or incidental to, and located on the same lot with such use or structure.

Amusement Areas and Facilities.  Any buildings, areas, plots or parcels of land which are set aside for the purpose of amusement of paying clients.  Such areas and facilities include those located indoors and outdoors.  Examples of amusement areas and facilities include: Miniature golf courses, amusement parks, arcades and theaters.

Board of Adjustment.  Public and quasi-judicial agency charged with the duty to hear and determine zoning appeals.  The Mayor and City Council of Marion shall act as the Board of Adjustment.

Boarding House.  A building other than a motel, hotel or restaurant, where lodging and meals are provided for 3 or more persons, but not exceeding 10 persons, and not open to the public or transients.

Building.  Any structure, including a roof supported by posts or columns, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.  The word "building” shall include the word "structure".

Building Height.  The vertical distance from the established average finished grade at the building line to the highest point of the building.

Buildable Area.  The portion of a lot remaining after all required yards have been provided.

Conditional Use Permit.  A permit providing for 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, or general welfare.  The Board of Adjustment may permit such uses when specific provision is made in the zoning district regulations.  Such a permit may be granted upon the recommendation of the planning and zoning commission to the Board of Adjustment.

Day Care Center.  Any operation which provides child care services.  To be considered a Day Care Center under these regulations, such operation must be licensed by the State of South Dakota.

District.  A section of the City for which regulations governing the use of land, the construction and use of buildings and the occupancy of premises are hereby made.

Dwelling, Farm.  Any dwelling located on a farming operation, which is used or intended for use as a residence by the farm's owner, relative of the owner, or a person employed on the premises.

Dwelling, Manufactured Home.  SDCL 34-34A-1.1  A manufactured home is a structure that meets the following requirements:

(1)      It is transportable in 1 or more sections; and

(2)      Its body is 8 or more feet wide or 40 or more feet long in the traveling mode, or it occupies 320 or more square feet when erected on a site; and

(3)      It is built on a permanent chassis; and

(4)      It is designed to be used as a dwelling with or without a permanent foundation when it is connected to the required utilities; and

(5)      It is a factory-built, single-family structure that meets or exceeds the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code.

Dwelling, Modular Home.  A modular home is a structure that meets the following requirements:

          (1)      It is transported to a site on a trailer, in 1 or more sections; and

          (2)      It is designed for assembly on-site and attachment to a permanent foundation; and

(3)      It does not have an axle, hitch or other equipment designed to make it transportable without the use of a trailer.

Dwelling, Multiple_Family. A residential building containing three or more household units including apartments, condominiums, and town houses.

Dwelling, Single Family.  A detached residential building, other than a manufactured home but including modular homes, containing one (1) household unit and conforming to UBC standards. 

Dwelling, Two-Family.  A detached residential building containing two household units.

Dwelling Unit.  One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease, containing independent cooking and sleeping facilities, and physically separated from any other rooms or dwelling units which may be in the same structure.

Family.  One or more persons occupying a single dwelling unit, provided that no such group of persons includes more than 5 persons who are not related by blood or marriage.  Domestic servants employed on the premises shall not be counted as a separate family or families.

Farm.  A bonafide business for the production of agricultural products, but specifically excluding greenhouses, horticultural nurseries, kennels, and the incidental use of horses, dogs or other animals, and similar operations.

Feedlot, Commercial.  A business establishment at which occurs the feeding of livestock.

Fence.  A railing, wall or other means of enclosing a yard, garden, field, farm or like area, to show where it ends or to keep people or animals in or out.  This definition is not intended to include dog kennels.  

Filling Station.  Buildings and premises where gasoline, oil, grease, batteries, tires and other automobile accessories may be supplied, dispensed and serviced at retail, but where the following activities are not carried out as a normal part of doing business:

            1)       Major mechanical work, involving removal of the head or crankcase;

2)       Auto bodywork, including straightening of auto body parts;

3)       Painting or welding of any automobile parts;

4)       Storage of automobiles not in operating condition, and;

5)       Any other automobile work which involves noise, glare, fumes, smoke, or other characteristics not normally found at places which sell gasoline at retail.

Floodplain.  Land that may be submerged by floodwaters.

Home Occupation.  An occupation or profession conducted in a dwelling unit, provided that:

a)       No person other than 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.  Not more than 25% of the living area of the dwelling unit shall be used in the conduct of the home occupation, and no home occupation shall be conducted in any accessory building;

 

c)       There shall be no commodity sold in connection with such home occupation, except that which is prepared in the dwelling or except that which is furnished in connection with the service rendered;

 

d)       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 1 non-illuminated sign which may be either one-sided or two-sided.  Such sign shall not exceed 32 square feet in area in the Agricultural District or 4 square feet in area in any Residential district;

 

e)       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;

 

f)        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;

 

g)       Notwithstanding the preceding standards, any operation which provides care for more than 12 children in a 24-hour period shall not be considered a home occupation.

Hotel or Motel.  A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are 4 or more guest rooms, and which is open to the public and transients.

Kennel.   A place where dogs are bred or boarded.

Lagoon.  A shallow, man-made pond for the holding or processing of human or livestock sewage.

Loading Space, Off-Street.  Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.  Required off-street loading space shall not be included as a part of off-street parking space in the computation of required off-street parking space.

Lot.  A tract, plot, outlot, or portion of a subdivision or other 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 herein required.

Lot Depth.  The horizontal distance between the front and rear lot lines.

Lot Frontage.  The portion of a lot nearest the street.  For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.  Minimum frontage for lots located on cul-de-sacs shall be determined as the average of the widest and narrowest width of the lot.

Lot Line.  The boundary of a parcel of land, as legally recorded.

Lot of Record.  A lot or parcel of land, the deed of which has been recorded in the office of the Turner County Register of Deeds prior to the adoption of this ordinance.

Lot Width.  The distance between straight lines connecting front and rear lot lines at each side of the lot.

Manufactured Home Park.  Contiguous lots where four or more manufactured homes are parked for living or sleeping purposes, or where spaces or lots are set aside or offered for sale or rent for use by manufactured homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of manufactured homes on such premises.

Nonconforming Use.  Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment which does not conform after the passage of this ordinance or amendment with the use regulation of the district in which it is situated. 

Outdoor Advertising Business.  Provision of outdoor displays or display space on a lease or rental basis only.

Parcel.  A contiguous quantity of land in possession of, owned by or recorded as property of the same claimant person or company.

Parking Space, Off Street.   An area, enclosed or unenclosed, sufficient in size to store 1 automobile, not less than 10 feet wide and 20 feet long, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Parks and Recreation Areas.  Any buildings, areas, plots or parcels of land which are set aside for the purpose of providing for the enjoyment and preservation of the outdoors and/or historic sites.  Parks and Recreation Areas include, but are not limited to, swimming pools, hiking & horseback trails, wilderness areas, boat landings, playing fields, primitive campgrounds, campgrounds with modern facilities, and fairgrounds.

Permanent Foundation.  A continuous foundation around the perimeter of a structure, which, at bottom, extends no less than 48 inches below the surface of the ground.

Personal Service Business. A business that primarily provides services of a personal nature including, but not limited to, hair grooming, skin care, massage therapy, tattooing or tanning beds.

Pole or Steel Building.  Any building or structure which is of a type typically constructed for storage, commonly used for farm storage or commercial or business purposes, which is primarily constructed with steel or plastic materials and siding, or which has side walls of greater than ten feet or that are greater than forty feet in dimension, including, but not limited to, buildings that utilize poles or beams as a means of support of the structure.  This definition shall not be deemed to apply to steel, aluminum, or similar siding of a type which is commonly utilized for residential siding.

Private Garage.  A building used for the storage of vehicles owned and used by the owner or legal tenant of the lot on which it is erected.

Salvage Yard.  Any area where waste, discarded or salvaged materials are bought, sold, stored, exchanged, baled or packed, disassembled or handled, including dismantling or wrecking of automobiles or other vehicles or machinery.

Set Back.  The minimum distance from a building or any projection thereof to the adjacent lot line.

Signs.  Any device, designed to inform or attract the attention of persons not on the premises on which such sign is located, not including the following:

a)        Signs not exceeding 1.5 square feet in area;

 

b)       Signs bearing only property numbers, post box numbers, names of residents of the premises or other identification of the premises not having commercial connotations;

 

c)        Flags and insignia of any government, except when displayed in connection with commercial promotion;

 

d)       Legal notices, and identification, informational or directional signs erected or required by government bodies;

 

e)        Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights, and;

 

f)        Signs directing or regulating traffic and parking on public or private property, but bearing no advertising matter.

Signs, Method of Determining Number.  For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit.  Where matter is displayed in a random manner without an 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. 

Signs, Method of Determining Surface Area.  For the purposes of determining the surface area of a sign, the entire area within a regular geometric form or combination of regular geometric forms comprising all elements of the matter displayed, but not including frames or structural members not bearing advertising, shall be considered the surface area of a sign.

Sign, Offsite.  A sign other than an on site sign and including an outdoor advertising sign, or devise and billboard not relating in subject matter to the use or activity of the premises on which such sign is located.

Sign, On site.  A sign relating in subject matter to the premises on which such sign is located, or to products, accommodations, services, or activities on the premises.  On site signs do not include signs erected by outdoor advertising businesses in the conduct of advertising business.

Solid Waste Disposal Facility.  Any facility which accepts, for final disposal, any type of garbage, refuse or solid waste.

Solid Waste Transfer, Processing or Recycling Facility.  Any facility which accepts, for processing, re-use, resource recovery or transfer to a Solid Waste Disposal Facility, any type of garbage, refuse or solid waste.

Street Line.  The line delineating the edge of the right-of-way of a street, road or highway.

Structure.  Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.  Examples of structures include antennas, buildings, dugouts, fences, lagoons, manufactured homes, signs, swimming pools and walls.

Subdivision.   Any land, vacant or improved, which has been divided or is proposed for division into two or more lots, tracts or parcels for the purpose of sale or development, whether immediate or future.

Variance.  A variance is a relaxation of the terms of this 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 or 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 nonconformities in the zoning district or uses in an adjoining zoning district. 

Waters of the State.  All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.

Yard.  An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance.

a)       Yard, Front.  A yard along the front of any building and along a street right-of-way.

 

b)       Yard, Side.  A yard along the side of any building.

 

c)       Yard, Rear.  A yard extending across the rear of the lot between inner side yard lines.  In the case of through lots and corner lots, there shall be no rear yards, but only front and side yards.

 

 ARTICLE 3

REGULATIONS

CHAPTER 3.01: CITY-WIDE REGULATIONS

CHAPTER 3.02: NON-CONFORMING USES

CHAPTER 3.03: DISTRICT REGULATIONS

  

Chapter 3.01  CITY-WIDE REGULATIONS

3.01.01  Visibility at Intersections.  On a corner lot in any district except Commercial, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2.5 feet and 10 feet above the center line grades of the intersecting streets in the area within 50 feet of the intersection of the center lines of the streets. 

3.01.02 Accessory Buildings.  An accessory building is a structure which may be considered customarily incident and similar to the character of uses in residential districts, and which in no way is objectionable or detrimental to the character, intent and purpose of the district in which it is located.  In any district, more than one structure housing a permitted use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.  Special requirements for accessory buildings are as follows:

*        No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within 5 feet of any side or rear lot line.

*        Any accessory building which covers more than 48 square feet shall be secured to the ground to prevent the structure from being moved or damaged by high winds.

3.01.03 Structures to Have Access.  Every building constructed or moved shall be on a lot adjacent to a public street, or with access to an approved private drive, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off street parking.

3.01.04 Manufactured Homes (outside of an approved Manufactured Home Park)

(A)     No building permit for the location of a manufactured home shall be issued until a Conditional Use Permit has been approved by the Board of Adjustment.  The Board of Adjustment shall not approve a Conditional Use Permit unless the following performance standards will be met:

(1)       The manufactured home shall meet or exceed the current federal Manufactured Home Construction and Safety Standards

(2)       No more than 1 manufactured home shall be located on a lot of record.  No manufactured home shall be placed on any lot that has an existing residence.

(3)       Each manufactured home shall meet the minimum yard requirements for the district in which it is located.  Yard requirements are as follows:

                    District                                       Front            Side              Rear

                    A-1 Agricultural                           75 feet           30 feet           50 feet

                    R-1 Residential                             25 feet           5 feet            5 feet

                    R-2 Manufactured Housing            25 feet           7 feet            10 feet

                                   

(4)       Each manufactured home shall be properly secured to the ground with either a permanent foundation extending no less than 4 feet below grade, or with tie downs installed as recommended by the manufacturer, but in no event more than 12 feet apart along the perimeter of the structure.  Such tie downs shall extend down no less than 4 feet below grade.

(5)       Each manufactured home shall be skirted with material approved by the administrative official.  Skirting shall be installed as recommended by the manufacturer.  Skirting shall be of a material which is compatible with the appearance and condition of neighboring dwelling units.  Appropriate materials shall include commercially manufactured colored steel, fiberglass, plastic, or masonry materials.  Tie downs and skirting shall be installed prior to occupancy.

(6)       The applicant shall secure written consent of no less than 90% of the owners of real property within 150 feet of parcel on which the manufactured home is to be located.  Streets, alleys and other public right-of-way shall not be included when calculating the 150-foot distance. 

For the purposes of this section, owners of real property shall be considered to be one owner even if the property owner actually owns two or more parcels of real property within the 150 foot distance.

(7)       Each manufactured home shall be connected to the municipal wastewater collection system and municipal water supply system.

(8)       The manufactured home shall be aesthetically compatible with neighboring dwelling units, including but not limited to the following factors: width, length, area, number of stories, siding and roofing materials, roof style and pitch, and condition.

(9)       Notwithstanding the above rules listed in (1) through (8), a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon, for a period not to exceed 180 days.  The City Council may grant an extension to this time limit if there is evidence of substantial progress on the house.

3.01.05  Manufactured Home Parks.  A manufactured home park may be developed in certain districts as a Conditional Use, as specified in Chapter 3.03 - District Regulations.  To be granted a R-2 zoning designation, a manufactured home park shall at minimum, meet all of the following requirements:

(A)     The applicant shall present plans and specifications for the proposed park in a form suitable for making the determinations required herein; these shall include the legal and locational description of the property and maps showing the layout, dimensions, streets, utility lines, lots, locations of manufactured homes and other buildings, and any other information which the Zoning Administrator deems necessary for the Planning Commission to recommend and the Board of Adjustment to approve an R-2 zoning designation.

(B)      There shall be a site of no less than 2 acres (87,120 square feet).

(C)      Each manufactured home installed on site shall meet or exceed the current federal Manufactured Home Construction and Safety Standards.

(D)      Each manufactured home unit shall be located on a lot having an area of not less than 6,000 square feet.

(E)      Each manufactured home lot shall have a minimum lot width of 60 feet.

(F)            Each manufactured home shall have a minimum front yard of 25 feet, minimum side yards of 7 feet, and a minimum rear yard of 10 feet.  In no instance shall any addition or appurtenance to a manufactured home, nor any accessory building, be located in a required yard.  In determining minimum yard requirements, distances shall be measured from the lot lines in the same manner as lots which abut on a public right-of-way.

(G)      Each manufactured home lot shall abut or face a clear unoccupied roadway or street.  Such roadway or street shall have an all weather surface or at least 36 feet in width where parking is permitted on 2 sides.

(H)      The manufactured home park shall be located on a well-drained area, and the premises shall be properly graded to prevent the accumulation of storm or other waters.

(I)       The manufactured home park shall be surrounded by a landscaped strip of open space 25 feet wide along all boundaries of the manufactured home park.  Such landscaped strip may include property required by the yard requirements in this section.

(J)             If an individual manufactured home, which does not meet the standards of this section, but has been allowed to continue as a non-conforming use, is moved out of a manufactured home park, then any manufactured home installed in its place shall comply with all of the requirements of this section.

(K)           Each manufactured home shall be properly secured to the ground with tie downs installed as recommended by the manufacturer, but in no event more than 12 feet apart along the perimeter of the structure.  Such tie downs shall extend down no less than 4 feet below grade.

(L)            Each manufactured home shall be skirted with material approved by the administrative official.  Skirting shall be installed as recommended by the manufacturer. 

Skirting shall be of a material which is compatible with the appearance and condition of neighboring dwelling units.  Appropriate materials shall include commercially manufactured colored steel, fiberglass, plastic, or masonry materials.  Tie downs and skirting shall be installed prior to occupancy.

3.01.06  Off-Street Parking Spaces.  In computing the number of required off street parking spaces the floor area shall mean the gross floor area of the specific use, excluding any floor or portion used for parking.  Where fractional spaces result, the parking spaces required shall be the nearest whole number.  The parking requirements in this section shall not be applicable to property in the B-1 Central Business District.  For the number of off-street parking and loading spaces required in all other districts, see TABLE 1 below:

TABLE 1:  Minimum Off Street Parking & Loading Requirements

USES & STRUCTURES

MINIMUM PARKING REQUIREMENTS

MINIMUM LOADING REQUIREMENTS

Boarding Houses

1 space per 2 rental units

None required

Bowling Alleys

4 spaces per bowling lane

1 space per establishment

Filling Stations

4 spaces per establishment

1 space per establishment

Funeral Homes & Chapels

8 spaces per reposing room

2 spaces per establishment

Hospitals

1 space per 2 beds

3 spaces per establishment

Hotels and Motels

1 space per 2 rental units

1 space per establishment

Houses of Worship

1 space per 4 seats in main worship room

None required

Industrial Uses

1 space per 2 employees on largest shift

2 spaces per establishment

Libraries

1 space per 500 sq. ft. of gross floor area

1 space per establishment

Manufactured Home Parks

2 spaces per dwelling unit

None required

Medical Clinics

5 spaces per staff doctor or dentist

None required

Offices/service businesses

1 space per 200 sq. ft. of gross floor area

1 space per establishment

Private Clubs and Lodges

1 space per 500 sq. ft. of gross floor area

1 space per establishment

Residential Structures

2 spaces per dwelling unit

None required

Rest, Convalescent or Nursing Homes

1 space/per 3 beds + 1 space/employee

1 space per establishment

Restaurants and Bars

0.3 spaces per person capacity

2 spaces per establishment

Retail Businesses

1 space per 200 sq. ft. of gross floor area

1 space per establishment

Schools, Primary (elementary)

0.2 spaces per student

2 spaces per establishment

Schools, all other

0.4 spaces per student

2 spaces per establishment

Theaters and Auditoriums

1 space per 5 people in design capacity

1 space per establishment

Veterinary Businesses

3 spaces per staff doctor

None required

Wholesale & Distribution Businesses

1 space per 2 employees on largest shift

2 spaces per establishment

 

3.01.07  Signs. 

(A)     Standards for On-Site Signs.  Each onsite sign attached to a structure and extending more than 1 foot from the face of such structure shall not exceed 1 square foot in surface area for each 2 feet of street frontage. 

One additional freestanding sign not exceeding 50 square feet in surface areas on each side shall be permitted on the premises.  A sign used in conjunction with a home occupation as defined in Article 2 shall be non-illuminated, mounted flat against the wall of the principal building and shall not exceed 4 square feet in area.

(B)      Standards for Off-Site Signs.  All offsite signs shall be in conformance with the following requirements: 

1.        Surface area of any sign shall not exceed 1 square foot per 2 feet of frontage of the lot on which it is located.

2.        The highest point of any sign shall not exceed 20 feet, measured from base of the supports to the top of the sign.

3.        Each sign shall not be located less than 30 feet from a street right-of-way line.

3.01.08  Permitted Signs.  The following types of signs shall be permitted in all zoning districts:

(A)     Temporary signs not exceeding 12 square feet in area advertising the sale or lease of real estate when located on property to which the sign refers and when not located closer than 10 feet to any adjoining lot line.  Such sign shall be removed after sale or lease of the property.

(B)      Temporary signs advertising future use or development of property on which such signs are located, provided such signs do not exceed 12 square feet in area or remain longer than six (6) months after completion of the development.

(C)      Public building bulletin boards not exceeding 12 square feet in area, traffic and public signs, and no trespassing or similar signs, and legal notices.

3.01.09  Private Wastewater Treatment Systems (Septic Tanks).  All existing septic tanks shall be considered Non-Conforming Uses.  Any new construction or substantial improvement must be connected to the City's sewer system, unless it is located in the A district, in which case any septic tank must be constructed in accordance with the City’s Municipal Ordinances.  All septic tanks shall be installed by a Certified Installer, as required by the Administrative Rules of South Dakota and a copy of the checklist from the South Dakota Department of Environment and Natural Resources must be placed on file with the City Finance Officer.

3.01.10  Permanent Foundations Required for Dwellings.  No dwelling shall be constructed, installed, or moved into the area under the jurisdiction of these regulations, unless said dwelling is constructed upon, installed on or moved onto a permanent foundation, as defined in these regulations.  Exempted from this requirement are manufactured homes in an approved manufactured home park, provided said manufactured homes are anchored with tie downs to prevent the manufactured home from dangerous motion during high wind or other weather related events.

3.01.11  Fences.  Fences may be erected in required yards, provided they meet or exceed the following requirements:

*        No barbed wire fence shall be erected or maintained in the R-1 and R-2 Districts.

*        No fence shall be erected or maintained in such manner as to unreasonably obstruct the view of others or their access to light or air.

*        The standard maximum fence height is 6 feet.  However, the City may set a different maximum height to preserve adjoining property owners' views or access to light or air, or to protect public health and safety.

*        No fence shall be erected which violates 3.01.01 - Visibility at Intersections: On a corner lot in any district except Commercial, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2.5 feet and 10 feet above the center line grades of the intersecting streets in the area within 50 feet of the intersection of the center lines of the streets.

*        To preserve the neighborhood character of the Residential district, fences along the perimeter of a front yard shall be of a decorative type only.

*        No fence shall be constructed within 1 foot of a property boundary along a public right-of-way.

*                A property owner may construct a fence along the immediate inside of a boundary with an adjoining parcel.  However, in such situations it is recommended that the property owner and adjoining property owner reach a mutual agreement regarding ownership, construction, maintenance and replacement of such fence.

3.01.12  Construction of More Than One Principal Structure on a Lot.  In any zoning district, no more than one principal structure containing a permitted use may be constructed on a single lot.

 

Chapter 3.02  NON-CONFORMING USES

3.02.01  Uses and Structures.  A lawful use or structure existing at the time this ordinance is adopted or amended may continue even though such use does not conform with the district regulations subject to the following provisions:

(A)     Whenever a nonconforming use or structure has been changed to a more restricted or conforming use, it shall not be changed back to a less restricted use.

(B)      Should any nonconforming use or structure be destroyed by any means to the extent of more than 50% of its replacement cost, such nonconforming use shall not continue.

            (C)      When a nonconforming use or structure is discontinued for a period of 1 year, it shall not be continued unless in conformance with the requirements of this ordinance.

(D)      Any nonconforming use may be extended throughout any part of a structure which was arranged or designed for such use previous to the adoption of this ordinance, but shall not be extended outside such structure.

(E)      No existing nonconforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use.  This is not to include normal repairs and maintenance which do not enlarge, move or structurally alter a nonconforming use.

3.02.02  Lots of Record.  In any district in which single-family dwellings are permitted, such uses may be constructed on any single lot of record at the time this ordinance is adopted or amended.  This provision shall apply even though such lot does not meet requirements for area or width, or both, provided that yard dimensions and requirements shall conform to the district requirements.  Variance of yard requirements shall be approved only by the Board of Adjustment.

  

Chapter 3.03  DISTRICT REGULATIONS

3.03.01  Generally.  The district regulations included in this Chapter may be qualified or supplemented by additional regulations appearing elsewhere in this ordinance.

Any use or uses not expressly permitted in a particular district shall be prohibited, unless such uses are existing at the effective date of these regulations and qualify as nonconforming uses, or unless a Conditional Use Permit is granted as provided for in 4.04.02 of these regulations.

Deviation from zoning district lot, yard and related requirements, and deviation from City-wide zoning regulations, shall be prohibited, unless a Variance is granted as provided for in 4.04.03 of these regulations.

Additional requirements and standards for uses and structures permitted by a Conditional Use Permit may be established after review by the Planning Commission with said commission providing recommendations to the Board of Adjustment.

3.03.02  Application of District Regulations.  The district regulations set forth in this chapter shall be minimum regulations, and shall apply uniformly to each class or kind of structure or land in a particular district.

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

3.03.03  Zoning Districts.  The following zone and use districts are hereby established for the purposes of administration and enforcement of this ordinance:

(A)      A   Agricultural  District.  The purpose of this district is to preserve lands best suited for agricultural use from encroachment by incompatible uses, and to preserve in agricultural use land suited for eventual development to other uses, pending proper timing for practical and economical provision of utilities, streets and other municipal facilities.

(B)      B-1   Central Business District.  The purpose of this district is to provide a commercial area for those establishments serving the general shopping needs of the trade area, with specific attention to preserving the City's Main Street Commercial Core.  The grouping of uses is intended to preserve and improve the character and economic vitality of Main Street.

(C)      B-2   General Business District.  The purpose of this district is to provide a commercial area for those establishments serving the general shopping needs of the trade area, with specific attention to the carrying capacity of roads and streets, and to encourage provision of adequate off street parking and loading space.  It is not the intent of this district to encourage the extension or enlargement of strip commercial areas.

(D)      F   Floodplain District.  The purpose of this district is twofold: 

(1)       protect natural drainage courses in their capacities to carry runoff water, by preventing certain types of land use and structures in the area subject to flooding; 

(2)       prevent the destruction or pollution of valuable and irreplaceable natural resources, and to prevent the encroachment of uses which would reduce the potential of these resources.

(E)       I-1   Light Industrial District.  The purpose of this district is to provide space for a wide range of industrial uses and structures, and for certain commercial uses.  Regulations are intended to provide guidelines for locating activities which may be injurious or offensive to occupants of adjacent areas, or which emit odors, fumes or gases, dust, smoke, noise, or vibrations which are evident beyond the property of such uses.

(F)      I-2   General Industrial District.  The purpose of this district is to provide land for the widest range of industrial operations appropriate for the City, for those industrial uses which are unable to meet the performance standards for uses within the I-1 Light Industrial District.

(G)    R-1  Residential District.  The purpose of this district is to provide locations for dwellings.  Restrictions and requirements are intended to preserve and protect the residential character by preventing incompatible uses and facilities.

(H)       R-2 Manufactured Housing District.  The purpose of this district is to provide for higher density residential areas in the City now developed for all types of manufactured housing and support facilities.

3.03.04  Interpretation of District Boundaries.  Where uncertainty exists as to the boundaries of district as shown on the Official Zoning Map, the following rules shall apply:

(A)     Boundaries indicated as approximately following platted lot lines or city limits shall be interpreted to follow such platted lot lines or city limits;

(B)      Boundaries indicated as approximately following railroad lines shall be interpreted to be midway between the main tracks;

(C)      Boundaries indicated as approximately following the center lines of streets or other rights-of-way, or streams or other bodies of water, shall be interpreted to follow such center lines;

(D)      Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.  Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, the Board of Adjustment, as established in Article 4, shall interpret the district boundaries.

(E)      Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit, as a Conditional Use Permit the extension of the regulations for either portion of the lot into the remaining portion of the lot.

3.03.05  District Regulations Established.  Regulations for each zoning district are hereby established.  Such regulations shall be as described on the following pages:

DISTRICT                                           

3.03.05 (A) A: Agricultural                      

3.03.05 (B) B-1: Central Business              

3.03.05 (C) B-2: General Business             

3.03.05 (D) F: Floodplain                         

3.03.05 (E) I-1: Light Industrial                 

3.03.05 (F) I-2: General Industrial              

3.03.05 (G) R-1: Residential                      

3.03.05 (H) R-2 Manufactured Housing      

 

3.03.05 (A)  DISTRICT A:  AGRICULTURAL DISTRICT

PURPOSE

The purpose of this district is to preserve lands best suited for agricultural use from encroachment by incompatible uses, and to preserve in agricultural use land suited for eventual development to other uses, pending proper timing for practical and economical provision of utilities, streets and other municipal facilities.

PERMITTED USES

Agriculture, horticulture and ranching

Antennas, 35 feet or less in height

Farm dwellings

Park and Recreation Areas

Pole or steel building

Satellite dishes up to 36 inches in diameter

Temporary housing for farm laborers

Utility lines and substations

 

CONDITIONAL USES

Agricultural chemical production facilities

Airports

Amusement areas and facilities

Antennas, over 35 feet in height

Cemeteries

Day care centers

Fairgrounds

Farm service businesses

Filling stations

Grain storage facilities

Home occupations

Houses of worship

Manufactured homes

Recreation areas and facilities

Salvage yards

Satellite dishes over 36 inches in diameter

Schools

Signs

Single-family dwellings

Solid waste transfer, processing or recycling facilities

Solid waste disposal facilities

Telecommunications businesses and relay facilities

Water / wastewater treatment facilities and lagoons

MINIMUM LOT SIZE         Frontage: 150 feet               Area: 1 acre

MINIMUM YARD SIZE       Front: 75 feet            Side: 30 feet             Rear: 50 feet

ADDITIONAL A DISTRICT REGULATIONS

1.  Limits on the Number of Dwellings Per Parcel in the A District.

(A)     Each land parcel containing less than 20 acres, and which has been recorded in the office of the County Register of Deeds prior to the effective date of these regulations, shall be entitled to 1 dwelling.

(B)      Each land parcel which is 20 acres or larger, regardless of whether it has been recorded in the office of the County Register of Deeds prior to the effective date of these regulations, shall be entitled to 1 dwelling.

(C)      Vacant dwellings shall be considered to be dwellings, until such time as the vacant dwelling is removed.  In cases where a new dwelling is constructed to replace the vacant dwelling, the vacant dwelling shall be demolished or removed within 180 days of occupation of the new dwelling.

 

3.03.05 (B)  DISTRICT B-1:  CENTRAL BUSINESS DISTRICT

PURPOSE

The purpose of this district is to provide a commercial area for those establishments serving the general shopping needs of the trade area, with specific attention to preserving the City's Main Street Commercial Core.  The grouping of uses is intended to preserve and improve the character and economic vitality of Main Street.

PERMITTED USES

Antennas, 35 feet or less in height

Automobile parking lots

Commercial service businesses

Cultural areas and facilities

Funeral homes and chapels

Governmental service facilities

Offices

Parks

Personal service businesses

Pole or steel building

Preservation areas and facilities

Professional service businesses

Public or private meeting facilities

Recreation areas and facilities

Retail businesses

Satellite dishes up to 36 inches in diameter

Schools

Signs

Telecommunications businesses

Utility lines and substations

Wholesale businesses

 

CONDITIONAL USES

Animal clinics, hospitals and kennels

Antennas, over 35 feet in height

Automobile service and repair businesses

Bars, taverns and liquor stores

Day care centers

Dry cleaning establishments

Fairgrounds

Farm service businesses

Filling Stations

Food lockers (only if animal prep work is done indoors)

Grain storage facilities

Heavy vehicle garaging, maintenance, terminals and transfer facilities

Hotels and Motels

Lumber yards

Metalworking, carpentry, plumbing or printing shops

Outdoor amusement areas and facilities

Restaurants

Salvage yards

Satellite dishes over 36 inches in diameter

Solid waste transfer, processing or recycling facilities

Telecommunications relay facilities

Warehouses and storage facilities

MINIMUM LOT SIZE         Frontage: 25 feet

Area: 2,400 sq. ft.

MINIMUM YARD SIZE*     Front: The average setback existing on that street

Rear: 5 feet, if the rear of the lot abuts an alley

Side: (none)

*Lots adjacent to an R District shall, along any lot line which borders said R District, provide the same yard as required in an R District

 

ADDITIONAL B-1 DISTRICT REGULATIONS

1.        To be a permitted use or Conditional Use Permit in the B-1 District, such use shall be conditional upon the property owner meeting the following performance standards:

(A)     No operation shall involve the use or storage of highly flammable gases, liquids, or other fire hazards.  This provision shall not prohibit the use of normal heating fuels, motor fuels, or welding gasses.

(B)      No operation shall be carried on which involves the discharge into a sewer or waters of the state any liquid wastes which are harmful to normal sewage plant operations or corrosive to sewer pipes and installations.

(C)        Activities shall be prohibited which are injurious or offensive to occupants of adjacent premises or which emit air contaminants, smoke, odors, gasses, noise or vibrations which are evident beyond the property lines of a lot upon which such activity is to be located.

(D)        Salvage, auto wrecking and similar operations shall be shielded from view from streets, and from adjacent properties in another district, by means of a sturdy, site obscuring fence in good repair so as to maintain an aesthetically pleasing environment.

 

3.03.05 (C)  DISTRICT B-2:  GENERAL BUSINESS DISTRICT

PURPOSE

The purpose of this district is to provide a commercial area for those establishments serving the general shopping needs of the trade area, with specific attention to the carrying capacity of roads and streets, and to encourage provision of adequate off street parking and loading space.  It is not the intent of this district to encourage the extension or enlargement of strip commercial areas.

PERMITTED USES

Antennas, 35 feet or less in height

Automobile parking lots

Commercial service businesses

Cultural areas and facilities

Funeral homes and chapels

Governmental service facilities

Offices

Parks

Personal service businesses

Pole or steel building

Preservation areas and facilities

Professional service businesses

Public or private meeting facilities

Recreation areas and facilities

Retail businesses

Satellite dishes up to 36 inches in diameter

Schools

Signs

Telecommunications businesses

Utility lines and substations

Wholesale businesses

 

CONDITIONAL USES

Animal clinics, hospitals and kennels

Antennas, over 35 feet in height

Automobile service and repair businesses

Bars, taverns and liquor stores

Day care centers

Dry cleaning establishments

Fairgrounds

Farm service businesses

Filling Stations

Food lockers (only if animal prep work is done indoors)

Grain storage facilities

Heavy vehicle garaging, maintenance, terminals and transfer facilities

Hotels and Motels

Lumberyards

Metalworking, carpentry, plumbing or printing shops

Outdoor amusement areas and facilities

Restaurants

Salvage yards

Satellite dishes over 36 inches in diameter

Solid waste transfer, processing or recycling facilities

Telecommunications relay facilities

Two-family dwellings

Warehouses and storage facilities

MINIMUM LOT SIZE         Frontage: 60 feet

Area: 6,000 sq. ft.

MINIMUM YARD SIZE*     Front: 25 feet

Rear: 8 feet

Side: 8 feet

*Lots adjacent to an R District shall, along any lot line which borders said R District, provide the same yard as required in an R District

 

ADDITIONAL B-2 DISTRICT REGULATIONS

1.        To be a permitted use or Conditional Use Permit in the B-2 District, such use shall be conditional upon the property owner meeting the following performance standards:

(A)     No operation shall involve the use or storage of highly flammable gases, liquids, or other fire hazards.  This provision shall not prohibit the use of normal heating fuels, motor fuels, or welding gasses.

(B)      No operation shall be carried on which involves the discharge into a sewer or waters of the state any liquid wastes which are harmful to normal sewage plant operations or corrosive to sewer pipes and installations.

(C)        Activities shall be prohibited which are injurious or offensive to occupants of adjacent premises or which emit air contaminants, smoke, odors, gasses, noise or vibrations which are evident beyond the property lines of a lot upon which such activity is to be located.

(D)       Salvage, auto wrecking and similar operations shall be shielded from view from streets, and from adjacent properties in another district, by means of a sturdy, site obscuring fence in good repair so as to maintain an aesthetically pleasing environment.

 

3.03.05 (D)  DISTRICT F:  FLOODPLAIN DISTRICT

PURPOSE

The purpose of this district is twofold:  (1) protect natural drainage courses in their capacities to carry runoff water, by preventing certain types of land use and structures in the area subject to flooding; (2) prevent the destruction or pollution of valuable and irreplaceable natural resources, and to prevent the encroachment of uses which would reduce the potential of these resources.

PERMITTED USES

No Permitted Uses within this District

CONDITIONAL USES

Agriculture, horticulture and ranching buildings

Agriculture, horticulture and ranching uses

Antennas

Parks and recreation areas

Satellite dishes

Signs (refer to 3.01.08 – City Wide Regulations)

Single Family dwellings

Utility lines

Water / wastewater treatment facilities and lagoons

MINIMUM LOT SIZE         Frontage: 150 feet               Area: 1 acre

MINIMUM YARD SIZE       Front: 75 feet            Side: 30 feet             Rear: 50 feet

 

3.03.05 (E)  DISTRICT I-1:  LIGHT INDUSTRIAL DISTRICT

PURPOSE

The purpose of this district is to provide space for a wide range of industrial uses and structures, and for certain commercial uses.  Regulations are intended to provide guidelines for locating activities which may be injurious or offensive to occupants of adjacent areas, or which emit odors, fumes or gases, dust, smoke, noise, or vibrations which are evident beyond the property of such uses.

PERMITTED USES

Antennas 35 feet or less in height

Any permitted use of the B Districts

Automobile service and repair businesses

Grain storage facilities

Satellite dishes up to 36 inches in diameter

Pole or steel building

Signs

Utility lines and substations

Warehouses and storage facilities

 

CONDITIONAL USES

Antennas over 35 feet in height

Fairgrounds

Salvage yards

Satellite dishes over 36 inches in diameter

Solid waste transfer, processing or recycling facilities

Water / wastewater treatment facilities and lagoons

Any industrial use which meets the performance standards established in the Additional I-1 District Regulations, and is consistent with the intent and purpose of this district.

MINIMUM LOT SIZE         Frontage: 80 feet                Area: 10,000 square feet

MINIMUM YARD SIZE       Front: 25 feet

Side: 10 feet *

Rear: 20 feet *

*If a side or rear lot line is adjacent to the R District, then the minimum side and rear yards shall be 25 feet

ADDITIONAL I-1 DISTRICT REGULATIONS

1.        To be a Permitted or Conditional Use in the I-1 District, such use shall be conditional upon the property owner meeting the following performance standards:

(A)     No operation shall involve the use or storage of highly flammable gases, liquids, or other fire hazards.  This provision shall not prohibit the use of normal heating fuels, motor fuels, or welding gasses.

(B)      Activities shall be prohibited which are injurious or offensive to occupants of adjacent premises or which emit air contaminants, smoke, odors, gasses, noise or vibrations which are evident beyond the property lines of a lot upon which such activity is to be located.

(C)      Appearance.  Salvage, auto wrecking and similar operations shall be shielded from view from streets, and from adjacent properties in another district, by means of a sturdy, site-obscuring fence in good repair, so as to maintain an aesthetically pleasing environment.

(D)      Fire Hazard.  All flammable substances involved in any activity established in this district shall be handled in accordance with the laws of the State of South Dakota and other applicable federal, state and local regulations.

(E)      Noise.  All noises and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak traffic noise on a major street, when measured from any adjacent Residential district.  Major street noise for comparison purposes shall be measured at the property line.

(F)      Sewage and Liquid Waste.  No operation shall be carried on which involves the discharge into a sewer or water course, or onto the ground, of liquid wastes of any radioactive nature, or liquid waste of a chemical nature, which are detrimental to normal sewage plant operation, or are corrosive and damaging to sewer pipes and installations.

(G)      Air Contaminants.  Emissions of contaminants and smoke shall not exceed maximum standards set by the laws of the State of South Dakota and other applicable federal, state and local regulations.

(H)      Gasses and Odors.  Emissions of gasses and odors shall not exceed maximum standards set by the laws of the State of South Dakota and other applicable federal, state and local regulations.

(I)           Vibration.  All machines including punch presses and stamping machines shall be mounted so as to minimize vibration.  Vibration shall not be so excessive that it interferes with industrial operations on nearby lots.

 

3.03.05 (F)  DISTRICT I-2:  GENERAL INDUSTRIAL DISTRICT

PURPOSE

The purpose of this district is to provide land for the widest range of industrial operations appropriate for the City, for those industrial uses which are unable to meet the performance standards for uses within the I-1 Light Industrial District.

PERMITTED USES

Antennas 35 feet or less in height

Pole or steel building

Satellite dishes up to 36 inches in diameter

Signs

Any industrial use which meets the performance standards established in the Additional I-2 District Regulations, is consistent with the intent and purpose of this district, and is not listed separately as a Conditional Use.

CONDITIONAL USES

Aboveground storage of flammable, noxious liquid petroleum products or chemicals

Antennas over 35 feet in height

Meat packing, slaughtering, eviscerating and skinning

Rendering of byproducts of animal slaughtering

Salvage yards

Satellite dishes over 36 inches in diameter

Solid waste transfer, processing or recycling facilities

Underground or aboveground storage of flammable, noxious gases

MINIMUM LOT SIZE         Frontage: 80 feet                Area: 10,000 square feet

MINIMUM YARD SIZE       Front: 50 feet

Side: 20 feet *

Rear: 40 feet *

*If a side or rear lot line is adjacent to the R District then the minimum side and rear yards shall be 50 feet

 

ADDITIONAL I-2 DISTRICT REGULATIONS

1.        To be a Permitted Use or Conditional Use in the I_2 District, such use shall be conditional upon the property owner meeting the following performance standards:

(A)      Appearance.  Salvage, auto wrecking and similar operations shall be shielded from view from streets, and from adjacent properties in another district, by means of a sturdy, site-obscuring fence in good repair.

(B)      Fire Hazard.  All flammable substances involved in any activity established in this district shall be handled in accordance with the laws of the State of South Dakota and other applicable federal, state and local regulations.

(C)      Noise.  All noises and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak traffic noise on a major street, when measured from any adjacent Residential district.  Major street noise for comparison purposes shall be measured at the property line.

(D)      Sewage and Liquid Waste.  No operation shall be carried on which involves the discharge into a sewer or waters of the state, or onto the ground, of liquid wastes of any radioactive nature, or liquid waste of a chemical nature, which are detrimental to normal sewage plant operation, or are corrosive and damaging to sewer pipes and installations.

(E)      Air Contaminants.  Emissions of contaminants and smoke shall not exceed maximum standards set by the laws of the State of South Dakota and other applicable federal, state and local regulations.

(F)       Gasses and Odors.  Emissions of gasses and odors shall not exceed maximum standards set by the laws of the State of South Dakota and other applicable federal, state and local regulations.

(G)            Vibration.  All machines including punch presses and stamping machines shall be mounted so as to minimize vibration.  Vibration shall not be so excessive that it interferes with industrial operations on nearby lots.

 

3.03.05 (G)  DISTRICT R-1:  RESIDENTIAL DISTRICT

PURPOSE

The purpose of this district is to provide locations for dwellings.  Restrictions and requirements are intended to preserve and protect the residential character by preventing incompatible uses and facilities.

PERMITTED USES

Antennas 35 feet or less in height

Attached and detached garages for housing the residents’ vehicles

Detached accessory or utility buildings for housing lawn, garden, or children’s play equipment less than 120 square feet

Home occupations

Libraries

Parks and Recreation Areas

Satellite dishes up to 36 inches in diameter

Schools

Single-family dwellings

 

CONDITIONAL USES

Antennas over 35 feet in height

Cemeteries

Cultural areas and facilities

Day care centers

Fairgrounds

Hospitals and medical clinics

Houses of worship

Manufactured homes not in an approved MHP

Multiple family dwellings

Offices

Personal service businesses

Professional service businesses

Rest, convalescent and nursing homes

Satellite dishes over 36 inches in diameter

Signs

Two-family dwellings

Utility lines and substations

MINIMUM LOT SIZE

Frontage: 50 feet

Area:   Single family: 7,000 square feet

Multifamily: 3,000 square feet per unit

Other uses: Double the area of the combined footprint of all proposed buildings

MINIMUM YARD SIZE*

Front: 25 feet

Side: 5 feet

Rear: 5 feet

* Along an improved block, where one or more structures already exist along the same side of a street, the yard requirements shall be the average of the front yards existing along said block.  Notwithstanding the above provision, in no case shall the front yard be less than 15 feet.

Additional R-1 District Regulations

3.03.05 (G) (1) Pole or Steel building prohibited in District Zoned Residential, R-1, or Manufactured Housing, R-2.  Pole or steel buildings, as defined in these Ordinances, shall not be permitted or allowed in the Residential District, R-1, or the Manufactured Housing District, R-2, as a permitted use, conditional use, or as a variance.

 

3.03.05 (H)  DISTRICT R-2:  MANUFACTURED HOUSING

PURPOSE

The purpose of this district is to provide for high-density residential areas in the City that are or will be developed for manufactured housing.

PERMITTED USES

Manufactured home parks (MHP)

Manufactured homes in an approved Manufactured Home Park (MHP)

 

CONDITIONAL USES

Satellite dishes

Signs

Utility lines and substations

 

MINIMUM LOT SIZE

Frontage:  60 ft.

Area:  6,000 sq. ft.

 

MINIMUM YARD SETBACKS

Front:  25 ft.

Side:  7 ft.

Rear:  10 ft.

**      Further regulations governing the Manufactured Housing District are established under 3.01.04 and 3.01.05 of this Zoning Ordinance.

Additional R-2 District Regulations

3.03.05 (H) (1) Pole or Steel building prohibited in District Zoned Residential, R-1, or Manufactured Housing, R-2.  Pole or steel buildings, as defined in these Ordinances, shall not be permitted or allowed in the Residential District, R-1, or the Manufactured Housing District, R-2, as a permitted use, conditional use, or as a variance.

 

ARTICLE 4

ADMINISTRATION

CHAPTER 4.01  GENERALLY

 Chapter 4.02  Zoning Administrator

Chapter 4.03  Board of Adjustment

Chapter 4.04  Procedures for Applications

Chapter 4.05  Appeals

 

Chapter 4.01  GENERALLY

4.01.01  Applications and Fee Schedule.  The Zoning Administrator shall develop separate applications, to include requests for Building Permits, Conditional Uses, Variances and Amendments.  Such application will be available from the Zoning Administrator and the Finance Officer.  A schedule of fees, charges, and expenses for permits, rezonings, appeals, and other matters pertaining to this ordinance shall be established by resolution of the City Council.  The current fee schedule shall be available from the Zoning Administrator or Finance Officer.  All fees shall be the property of the City and shall be paid over to the Finance Officer for credit to the General Fund of the City which under no condition shall be refunded.  Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

4.01.02  Issuance of Permits.  Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be a violation of this ordinance.

4.01.03  Expiration of Permits.  If the work described in any permit has not begun within 180 days from the date of issuance, the permit shall expire by limitation.  If the activity described in any permit has not been substantially completed within one year of the date of the start of construction, said permit shall expire and be canceled by the Zoning Administrator and written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new use permit has been obtained.

 

Chapter 4.02  ZONING ADMINISTRATOR

4.02.01  Establishment and Purpose.  The position of Zoning Administrator is hereby established for the City of Marion.  The Zoning Administrator may be employed by the City or other entity in another position.  The City Council shall appoint the Zoning Administrator.  The Zoning Administrator shall administer and enforce this ordinance.  It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator and that such questions regarding building permits or general enforcement issues shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator.

4.02.02  Duties.  The Zoning Administrator shall receive applications for Building Permits, Conditional Uses, Variances and Zoning Amendments. 

(A)     For Building Permits, the Zoning Administrator shall approve the application only if in accordance with the provisions of the City's Zoning Regulations.

(B)      For Conditional Uses, Variances and Zoning Amendments, the Zoning Administrator shall review the application and present it to the Planning Commission.  Recommendation as to approve or disapprove shall then be made to the Board of Adjustment.

(C)      The Zoning Administrator shall monitor the progress and inspect the completion of an approved Building Permit, Conditional Use, Variance, and Zoning Amendments.

4.02.03  Powers.  If the Zoning Administrator shall find that any of the provisions of this ordinance or the terms and conditions of any building permit, conditional use permit, or variance, are being violated, the person responsible for such violations shall be notified in writing, indicating the nature of the violation and ordering that such violation be corrected within 30 days of such notice.  The notice shall also include the penalty for failure to comply with the zoning requirements.  The Zoning Administrator may order discontinuance of illegal use of land, buildings, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. 

Nothing in this Section shall limit the power of the Zoning Administrator, or the City of Marion, from proceeding directly to Circuit Court to enforce any of the provisions of these Ordinances when the Zoning Administrator or the City of Marion determine such action must be taken to protect the interests of the City of Marion, or when the City of Marion determines that action is required to protect the health, safety, morals, or general welfare of the residents of the City of Marion.

 

Chapter 4.03  BOARD OF ADJUSTMENT

4.03.01  Establishment.  The Marion City Council and Mayor, unless any member has a personal interest in the proceedings, shall act as the Board of Adjustment hereby established for the City of Marion.  The Board may, in appropriate case and subject to appropriate conditions and safeguards, grant variances, and hear appeals to the terms of these regulations in harmony with the general purpose and intent and in accordance with general and specific rules herein. 

4.03.02  Procedures for Meetings.  The City Council acting as the Board of Adjustment shall keep a public record of all findings and decisions.  Meetings shall be held at the call of the Mayor and at such other times as necessary.  Each session at which an appeal is to be heard shall be a public meeting with notice to be published at least ten days in advance.  Appeals to the Board of Adjustment (City Council) concerning interpretation or administration of this ordinance, may be taken by any person, group or organization, public or private.  Such appeal shall be taken by filling a notice of appeal with the Zoning Administrator, who shall transmit to the Board of Adjustment (City Council) all papers concerning the record of action from which the appeal was taken.  The concurring vote of two-thirds of the members of the Board of Adjustment (City Council) shall be necessary to approve any appeal or arrive at any determination.

4.03.03  Powers and Duties.  The Board of Adjustment shall have the following powers and duties:

(A)     To hear and decide appeals where it is alleged there is error in any requirement or determination made by the Zoning Administrator in the enforcement of this ordinance.

(B)      To hear and decide appeals to decisions made by the Zoning Administrator regarding Zoning Permits.

(C)      To hear and decide only such Conditional Uses as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether Conditional Uses should be granted; and to grant Conditional Uses with such conditions and safeguards as are appropriate under this ordinance, or to deny Conditional Uses when not in harmony with the purpose and intent of this ordinance.

(D)      To hear requests for variances from this ordinance in instances where strict enforcement would cause unnecessary hardship, and to grant such variances only when the Board of Adjustment (City Council) finds that such relief from these Zoning Regulations will be neither detrimental to the public good nor in conflict with the intent of these Zoning Regulations.

 

Chapter 4.04  PROCEDURES FOR APPLICATIONS

4.04.01  Building, Moving, and Demolition Permits.  No building, structure, fence, hard surfacing or excavation regulated by ordinance of the City of Marion shall be erected, constructed, enlarged, altered, prepared, moved, improved, removed, converted or demolished unless a separate permit for each building, structure, fence, hard surfacing or excavation has first been obtained from the Zoning Administrator.  No permit shall be issued except in conformity with the provisions of this Ordinance, unless a written approval is received for a conditional use, or variance as provided by this ordinance.

(A)     An Application for Building, Moving, or Demolition Permit, available from the Zoning Administrator or Finance Officer, shall be completed by the landowner requesting the Building, Moving, or Demolition Permit.  Completed applications shall be returned to the Zoning Administrator for review.  To be considered complete, the application form shall be accompanied by the following additional items:

(1)       Any required attachments and City fees;

(2)       Two copies of plans drawn to scale, showing the dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration;

(3)       Any additional information, as requested by the Zoning Administrator, as lawfully may be required to determine conformance with and provide for the enforcement of this ordinance.

(B)           A temporary Building Permit may be issued by the Zoning Administrator for a period not exceeding 6 months during alterations or partial occupancy of a building pending its completion.  The Zoning Administrator may attach conditions and safeguards to said temporary permit to protect the safety of the occupants and the public.

(C)      One copy of the plans shall be returned to the applicant, after the Zoning Administrator has marked such copy as either approved or disapproved, and attested to the same by signing said copy of the plans.  One copy of the plans, similarly marked, shall be retained by the Zoning Administrator for City records.

(D)      If the Zoning Administrator determines the proposed action would not be in compliance with the provisions of these regulations, a Building Permit may not be issued, except upon completion of one of the following processes established in these regulations, as may be applicable to such proposed action.  The Zoning Administrator shall inform the applicant when one of the following processes may be applicable:

(1) Conditional Use Permit, 4.04.02;

(2) Variance, 4.04.03;

(3) Amendment; 4.04.04.

(E)      No building demolition or moving permit shall be granted until the applicant shall file with the Finance Officer a promise running to the City that the applicant will promptly repair and make good, to the satisfaction of the City Council and at the expense of the applicant any and all damage to any pavement sidewalk, crosswalk, hydrant, street, alley or other property, done or caused by himself or his employees, in the demolition or moving of such building or part thereof, or in connection with the moving or demolition thereof. 

Promise shall also be conditioned that the applicant promptly fill in basement areas left open as a result of such moving or demolition and to restore such site(s) to a safe and sanitary condition.  The applicant shall indemnify and hold harmless the City against any and all liability for damages, costs, and expenses, arising or be incurred in favor of any person by reason of any negligence or misconduct or act on his part of said building or part thereof or the use of any public ground for such purposes (SDCL 9-29-13).

(F)      No building or part of a building being moved or demolished shall be allowed to stand still in any public street or any public ground for more than eight (8) hours without written permission from a law enforcement officer.

(G)      No building moving or demolition permit granted by the City shall authorize the holder thereof to break, injure, or move any telephone, electric light, power or cable TV wire or pole, or to cut, trim, or otherwise interfere with any property without the written permission of the owner or owners thereof. (SDCL 9-34-11)

Issuance of a Building Permit shall indicate that, in the opinion of the Zoning Administrator, the proposed use and/or alterations of existing use are in compliance with the requirements of these Zoning Regulations.  Issuance of a Building Permit shall not be construed as waiving any provisions of these regulations.  Proposed uses and/or alterations of existing uses which are not in compliance with the requirements of these Zoning Regulations shall not be issued a Building Permit.

4.04.02  Conditional Uses.  Conditional Uses are allowed for certain uses in some districts, as identified in Chapter 3.03 - District Regulations.  Uses not listed in the District Regulations as eligible for a Conditional Use Permit shall not, in any circumstances, be granted a Conditional Use Permit. 

The following procedure for requesting a Conditional Use Permit shall be followed:

(A)     An Application for Conditional Use Permit, available from the Zoning Administrator or Finance Officer, shall be completed by the landowner requesting the Conditional Use Permit.  Completed applications shall be returned to the Zoning Administrator for review. 

The Zoning Administrator and Planning Commission shall review the application, and shall make a recommendation to the Board of Adjustment (City Council) to either approve or not approve said application.  The Zoning Administrator’s and Planning Commission’s recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application.

(B)      The Zoning Administrator shall set the date, time and place for a public hearing to be held by the Board of Adjustment (City Council).  The Zoning Administrator shall notify the landowner by mail, and shall post notices of the public hearing at the City Office and on the property affected by the proposed Conditional Use Permit.  No less than ten days before the public hearing, the Zoning Administrator shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed Conditional Use Permit.

(C)      The following procedure shall be followed by the Board of Adjustment (City Council) in considering the recommendation of the Zoning Administrator:

(1)       The public hearing shall be held.  Any person may appear in person, or by agent or attorney.  Minutes of the public hearing shall be recorded and kept in the records of the Board of Adjustment (City Council).

(2)       Before any Conditional Use Permit shall be granted, the Board of Adjustment (City Council) may make written findings certifying compliance with the specific rules governing individual Conditional Uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(a)      Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(b)       off street parking and loading areas where required,

(c)      refuse and service areas, with particular reference to (a) and (b) above;

(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 other properties in the district;

(g)       required yards and other open space;

(h)      general compatibility with adjoining properties and other property  in the zoning district in which such use is to be located.

(D)      In order to preserve the intent of these Zoning Regulations and to protect the public interest, the Board of Adjustment (City Council) may attach conditions to a Conditional Use Permit.  A Conditional Use Permit shall remain valid only as long as the original applicant complies with any terms and conditions of the Conditional Use Permit, as attached by the Board of Adjustment (City Council).  Failure to comply with the terms and conditions of a conditional use permit may subject the holder of a conditional use permit to revocation or other appropriate action, including, but not limited to, those remedies found in these ordinances, and enforcement actions as authorized herein. 

The failure to comply with the terms and conditions of a conditional use permit may be considered a violation of the Ordinance.

(E)      The Board of Adjustment (City Council) may make a finding that it is either empowered or not empowered by these Zoning Regulations to grant the requested Conditional Use Permit, and that such Conditional Use Permit is either consistent or inconsistent with the intent of these Zoning Regulations.

4.04.03  Variances.   Variances are designed to allow some flexibility in the Zoning Regulations, in cases where the exceptional shape of a parcel of land, in cases where use of a property is overwhelmingly effected by exceptional topographic conditions, or any other extraordinary situation or condition of such parcel of land.  Variances are to be approved only when a property owner demonstrates that the provisions of all or part of these Zoning Regulations present an undue hardship on such property owner's use of such parcel of land.  A Variance shall include a description of the specific regulatory item or items in these Zoning Regulations which are found to produce said undue hardship.  Variances shall also only be granted when the Board of Adjustment (City Council) finds that such relief from these Zoning Regulations will be neither detrimental to the public good nor in conflict with the intent of these Zoning Regulations. 

The following procedure for requesting a Variance shall be followed:

(A)     An Application for Variance, available from the Zoning Administrator or Finance Officer, shall be completed by the landowner requesting the Variance.  Completed applications shall be returned to the Zoning Administrator for review.  The Zoning Administrator and Planning Commission shall review the application, and shall make a recommendation to the Board of Adjustment (City Council) to either approve or not approve said application.  The Zoning Administrator’s and Planning Commission’s recommendation shall include a summary of the application, and the reasons and justification for either approval or disapproval of the application.  If any of the information required by 4.04.01(A) has changed since the original Building Permit application, the revised, updated or corrected information shall accompany the application for a variance.

(B)      The Zoning Administrator shall set the date, time and place for a public hearing to be held by the Board of Adjustment (City Council). 

The Zoning Administrator shall notify the landowner by mail, and shall post notices of the public hearing at the City Office and on the property affected by the proposed Variance.  No less than ten days before the public hearing, the Zoning Administrator shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed Variance.

(C)      The following procedure shall be followed by the Board of Adjustment (City Council) in considering the recommendation of the Zoning Administrator and Planning Commission:

(1)       The public hearing shall be held.  Any person may appear in person, or by agent or attorney.  Minutes of the public hearing shall be recorded and kept in the records of the Board of Adjustment (City Council).

(2)       Before any Variance shall be granted, the Board of Adjustment (City Council) may make written findings certifying compliance with the specific rules governing individual Variances and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(a)      Special conditions or circumstances exist which are peculiar to the use or structure involved and are not applicable to other uses or structures in the same district,

(b)      Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance,

(c)      The special conditions or circumstances are not the result of the applicant's actions,

(d)      Granting the variance requested will not give the applicant any special privilege that is denied to other uses or structures in the district,

(e)      The variance requested is the minimum variance that will make possible the reasonable use of property or structure,

(f)       Granting of the variance will comply with the general purpose and intent of this ordinance, and will not be offensive to adjacent areas or to the public welfare,

                                    (g)      No nonconforming use or structure in the same district and no permitted or nonconforming use or structure in other districts shall be considered grounds for the issuance of a variance.

(D)      In order to preserve the intent of these Zoning Regulations and to protect the public interest, the Board of Adjustment (City Council) may attach conditions to a Variance.  A Variance shall remain valid only as long as the property owner complies with any terms and conditions of the Variance, as attached by the Board of Adjustment (City Council).

(E)      The Board of Adjustment (City Council) shall make a finding that granting such request for Variance either is or is not necessary to relieve an undue hardship on the property owner's use of such parcel of land, and that such decision is consistent with the intent of these Zoning Regulations.

4.04.04  Amendments.  Zoning Amendments are changes to the City of Marion's Zoning Regulations.  Applications for amendment may be submitted by either the City or any owner of land within the City.  The regulations, restrictions and boundaries set forth in this ordinance may from time to time be amended, supplemented, or repealed, provided however, that no such action may be taken until after public hearings, at which parties in interest and citizens shall have an opportunity to be heard.  Unless otherwise provided for in these Zoning Regulations, any change in these Zoning Regulations shall require City Council approval of an ordinance describing said changes. 

The City Council may not consider said ordinance until the Planning Commission has delivered a recommendation to either approve or not approve said ordinance.

The following procedure for requesting an Amendment shall be followed:

(A)     An Application for Amendment, available from the Zoning Administrator or Finance Officer, shall be completed by the landowner or other person(s) requesting the Amendment.  Completed applications shall be returned to the Zoning Administrator for review.  To be considered by the Planning Commission, the application form shall be completed, and shall be accompanied by the following additional items:

(1)       Any required attachments and City fees, including Registered or Certified Mail costs in (C), and

(2)       Any additional information, as requested by the Zoning Administrator, as lawfully may be required to determine conformance with and provide for the enforcement of this ordinance.

(B)      The Zoning Administrator shall review the application, and shall forward a summary of the application, and his/her comments regarding said application, to the Planning Commission for their review.

(C)      The Zoning Administrator shall set the date, time and place for a public hearing to be held by the Planning Commission.  The Zoning Administrator shall notify the landowner by Registered or Certified Mail at least 1 week before the public hearing, and shall post notices of the public hearing at the City Office and on the property affected by the proposed Amendment, if applicable.  The Zoning Administrator shall also publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed Amendment; such notice shall be published once, not less than ten days prior to the public hearing.  If the proposed amendment will change the boundaries of a zoning district, the Zoning Administrator shall notify all owners of property affected by the boundary change, by Registered or Certified Mail at the expense of the applicant, at least one week before the public hearing.

(D)      The public hearing shall be held.  Any person may appear in person, or by agent or attorney.  Minutes of the public hearing shall be recorded and kept in the records of the Planning Commission.

(E)        The Planning Commission shall either recommend or not recommend approval of the amendment to the City Council.

(F)      The public hearing shall be held.  Any person may appear in person, or by agent or attorney.  Minutes of the public hearing shall be recorded and kept in the records of the City Council.

(G)      The City Council shall either approve or not approve the ordinance describing the proposed changes to these Zoning Regulations, in accordance with standard procedures for reading, approval, publication and effective date.

(H)      When a proposed amendment affecting the zoning classification of property is approved by the City Council, unless the referendum is invoked.

 

Chapter 4.05  APPEALS

4.05.01  Generally.  Persons making an application for Building Permits, Conditional Uses, Variances or Zoning Amendments may appeal a decision to deny any such application by the Zoning Administrator or Board of Adjustment (City Council).  Recommendations made by the Zoning Administrator or Board of Adjustment are not considered to be decisions subject to appeal.

4.05.02  Procedures.  The following procedure is hereby established for appealing decisions to deny any such application by the Zoning Administrator or Board of Adjustment (City Council)

Any person or persons, or any board or taxpayer aggrieved by any decision of the Zoning Administrator, may seek review by appearing at a Board of Adjustment (City Council) meeting and petitioning the Board to consider the application.  The Board of Adjustment (City Council) may or may not approve the application. 

The Board of Adjustment (City Council) shall notify the petitioner(s) by letter within two weeks of hearing said petition, with such letter including the decision of the Board of Adjustment (City Council) and any reasons for said decision.

Any person or persons, or any board or taxpayer aggrieved by any decision of the Board of Adjustment (City Council) relating to these Zoning Regulations may seek review by filing a petition with a court record in the manner and form provided by South Dakota law.

 

 

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