Q-1 DEFINITIONS AND GENERAL PROVISIONS

Q-1-101 INTRODUCTION

The purpose of this chapter is to provide for the harmonious development of the City of Fort Pierre and its environs in accordance with the City’s comprehensive plan; to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote public health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentrations of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

The zoning ordinance controls the use of land, the location, height, size, and use of buildings, the arrangement of buildings on lots, and the density of population within the corporate limits of the City and within that portion of the unincorporated area of Stanley County included on the official “Zoning Map of the City of Fort Pierre, South Dakota and its Planning Area,” which is a part of this ordinance and shown as the Fort Pierre Urban Area on the official “Zoning Map of Stanley County, South Dakota.”

Source:

Authority: SDCL 9-12-13, 11-4-3, 11-6-11

Cross Reference: RES680, 8/16/90

Q-1-102 DEFINITIONS

For the purpose of this chapter certain words and terms used herein shall be defined and interpreted as follows:

A. All words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word “shall” mandatory, not discretionary; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, company, corporation, or individual; the word “lot” may include the word plat or parcel, depending on context; and the words “used” or “occupied” include the words intended, designed, or arranged to be used or occupied.

B. The following terms shall have the following meaning:

1. “Agricultural building” shall mean a building located on agricultural property and used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation, and which is not used by the public.

2. “Alley” shall mean a narrow service way providing a secondary means of access to abutting properties.

3. “Alter or Alteration” shall mean any change, addition or modification in construction or occupancy.

4. “Apartment” shall mean a room or suite of rooms in a multiple dwelling used or designed for occupancy by a single family.

5. “Apartment house” shall mean any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

6. “Auto wrecking” shall mean the collecting, burning out, dismantling, or wrecking of used motor vehicles, wheeled or track laying equipment, trailers, or equipment, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles, wheeled or tracking laying equipment, trailers or their parts, or any medical equipment. The dismantling and rebuilding, other than custom repair, of more than one motor vehicle, piece of wheeled or track equipment, or trailer at a time even though not for profit or a principal use of a parcel of land shall be defined as auto wrecking. The storage of a partially dismantled motor vehicle, piece of wheeled or track equipment, or trailer shall be considered auto wrecking.

7. “Base zoning” shall mean the zoning regulating the use and development of land unless modified by an overlay district regulation.

8. “Basement” shall mean that portion of a building between floor and its ceiling.

9. “Billboard.” See S-3-2.

10. “Block” shall mean a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, or a combination thereof. There may be more than one numbered block as shown on a plat, falling within a single block as herein defined.

11. “Board” shall mean the Board of Adjustment and Appeals of the City of Fort Pierre, South Dakota.

12. “Building” shall mean any structure for the support, shelter, and enclosure of persons, animals, chattels, or property of any kind.

13. “Building, accessory” shall mean any subordinate building or structure, the use of which is incidental to the principal building on the same lot, including, but not limited to:

a. Private garages, carports, sheds, and agricultural buildings.

b. Fences over six (6) feet high.

c. Tanks and towers.

14. “Building, existing” shall mean a building erected prior to the adoption of this chapter or one for which a legal building permit has been issued.

15. “Building, principal” shall mean a building in which is conducted the primary use of the site on which it is situated. In any residential district any dwelling shall be deemed to be the principal building of the site on which it is located.

16. “Certificate of Occupancy” shall mean a permit issued by the City Building Inspector indicating that the use of the building or land in question is in conformity with this chapter and the building code of the City or that there has been a legal variance therefrom as provided by said chapter or code.

17. “City Council” shall mean the City council of the City of Fort Pierre, South Dakota.

18. “City Engineer” shall mean the Director of Public Works or his designee.

19. “City Inspector” shall mean the officer charged with the administration and enforcement of this chapter or his regularly authorized deputy.

20. “Clinic, medical” shall mean a building or portion of a building containing the offices and associated facilities of one (1) or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractor, physical therapy, nursing, or similar services for out-patients only, with or without share or common spaces and equipment. A common area pharmacy or drug dispensary available to persons other than patients being treated therein or making charges separate from bills for professional services of said practitioners shall not be considered as a medical clinic use.

21. “Club” shall include “clubhouse” and shall mean a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable, or similar purpose, but shall not include an organization or premises, the chief activity of which is a service or activity customarily carried on as a business even though it may be chartered and named for purposes herein defining a club.

22. “Commercial use” shall mean the use of any land or building designed for commercial purposes, which shall include the use of land or buildings used for retail sales and offices.

23. “Commission, planning” shall mean the City Planning and Zoning Commission of the City of Fort Pierre, South Dakota.

24. “Conditional use” shall mean a use which is not allowed in the district as a matter of right, but which is permitted upon or by finding of the City Planning and Zoning Commission and approval of the City Council that under the particular circumstances present, such use is in harmony with the principal permitted uses of the district. Allowable conditional uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as conditional uses but may be allowed as a special use.

25. “Country club” shall include golf courses, par-three golf course, swimming pools, tennis clubs, and neighborhood clubhouses, any and each of which shall be located on a site of not less than one (1) acre and open only to membership subscribing for the use of all facilities for a term of not less than one (1) year and non-paying guests of its members. Sleeping facilities other than quarters for one caretaker or manager and his family shall be prohibited. Clubs operated exclusively as restaurants, cocktail lounges, card rooms, beer taverns, bowling alleys, pool and billiard parlors, and similar activities normally carried on as a business shall be excluded from the definition of a country club. Nothing herein shall be construed to limit the method of operation of such facilities enumerated in this definition when owned or operated by a governmental agency.

26. “Court” shall mean a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

27. “Coverage” shall mean the percentage of lot area covered by buildings.

28. “Drive-in” or “drive-up” may be used as noun or adjective and shall refer to a business which is designed to serve patrons while they are reposed in vehicles or by means of service windows.

29. “Dwelling” shall mean a building or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, multi-family dwellings and group dwellings; provided, however, that the following are not dwellings:

a. Hotels, motels, tourist courts, cabins, and mobile homes.

b. In a building that contains one (1) or more dwelling units or lodging rooms in addition to one or more non-residential uses, the portion of such building that is devoted to such residential uses, except when accessory to the residential uses.

c. Used for the institutional care of people such as hospitals, rest homes, orphanages, and homes for the aged.

30. “Dwelling, multiple family” shall mean a building or portion thereof accommodating three (3) or more families living independently of each other.

31. “Dwelling, single family” shall mean a building containing one (1) dwelling unit only.

32. “Dwelling, two family” shall mean a building containing two (2) dwelling units only.

33. “Dwelling, unit” shall mean one (1) or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

34. “Dwelling, mobile” shall mean a vehicle used or so constructed as to permit its being used as a conveyance upon a public street or highway and duly licensable as such, and shall include self-propelled vehicles so designed, constructed, reconstructed, or added to by any means, in such manner as will permit the occupancy thereof as a dwelling or sleeping place of one (1) or more persons and supported by wheels, jacks, or similar supports. Transportable dwellings not meeting building code requirements for dwellings shall be treated as mobile dwellings.

35. “Family” shall mean an individual or two (2) or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

36. “Farm” or “ranch” shall mean any parcel of land containing at least ten (10) acres, which is used for the production of agricultural products.

37. “Filling station” shall mean any area of land, including structures thereon designed or used for the retail sale of motor vehicle fuel.

38. “Flammable liquids” shall mean any liquid having a flash point below two hundred (200) degrees Fahrenheit and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred (100) degrees Fahrenheit. Flammable liquids shall be divided into three (3) classes as follows:

a. Class 1A, which shall include those having flash points below seventy-three (73) degrees Fahrenheit and boiling point below one hundred (100) degrees Fahrenheit.

b. Class 1B, which shall include those having flash points below seventy-three (73) degrees Fahrenheit and having a boiling point at or above one hundred (100) degrees Fahrenheit.

c. Class 1C, which shall include those having flash points at or above seventy-three (73) degrees Fahrenheit.

39. “Floor area” shall mean the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

40. “Garage” shall mean a building or portion thereof in which a self-propelled vehicle containing gasoline, distillate, or other volatile, flammable liquid in its tank, may be stored, repaired, or kept.

41. “Garage, private” shall mean a building or portion of a building designed or used for the storage of personal motor vehicles and other customary household articles which are owned and used by the occupants of the building to which it is accessory.

42. “Gas dispensing station” shall mean any building or premises which provides for the retail sale of gasoline or oil.

43. “Golf course” shall mean standard sized layouts of nine (9) or more holes and par-3 golf courses and shall not include miniature golf courses and pitch and putt courses or driving ranges.

44. “Grade (adjacent ground elevation)” shall mean the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet (5) distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet (5) distant from said wall. In case walls are parallel to and within five feet (5) of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.

45. “Ground coverage” shall mean the area of a zoning lot occupied by all buildings expressed as a percentage of the gross area of the zoning lot.

46. “Home occupation – general” shall mean a business occupation or profession, which is clearly secondary to the home’s use, and is carried on within a residential dwelling by the resident thereof; and which shall have the following characteristics:

a. There shall be no external evidence of the occupation with the exception of one (1) unlighted name plate of not more than one (1) square foot in area attached flat against the building. Advertising displays and advertising devices displayed through a window of the building shall not be permitted.

b. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, and electrical or electronic disturbance detectable at the zoning lot line.

c. No more than one (1) other person, in addition to members of the family residing on the premises, shall be engaged in such occupation.

d. There shall not be a stock of goods on the premises in excess of thirty (30) cubic feet in volume, none of which shall be of a flammable nature.

e. Said home occupation shall not create a nuisance through higher traffic or noise.

f. The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for the display of produce grown on the premises.

g. Said occupation may include the caring for not more than twelve (12) children at one time for hire.

h. Room or board for hire, but not for more than two (2) persons. Any business, occupation, or profession the operation of which does not meet the aforesaid characteristics shall not be interpreted to be a home operation despite the fact that it may attempt to operate in a residential building.

i. The conducting of a barber and/or beauty shop, a clinic, a commercial stable, a commercial kennel, a tourist home, a restaurant or a tea room, a convalescent home, a mortuary establishment, or any similar use shall not be deemed to be a home occupation.

47. “Hospital” shall mean an institution in which sick or injured persons are given medical or surgical care.

48. “Hotel” shall mean any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

49. “Junk or salvage yard” shall mean a place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, or other used materials are bought, sold, exchanged, stored, baled, or cleaned, and places or yards for the storage of salvaged metal, materials, and equipment, but not including pawn shops and establishments for the sale, purchase or storage of used cars or trucks in operable condition, boats or trailers in operable condition, salvaged machinery in operable condition, and used furniture and household equipment in useable condition and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.

50. “Licensee” shall mean any person, firm, trust, partnership or corporation licensed to operate and maintain a mobile home park.

51. “Lot” shall mean a zoning lot unless the context shall clearly indicate a lot of record, in which case a “lot” is a lot of record.

52. “Lot corner” shall mean a zoning lot situated at the intersection of two (2) streets, or bounded on two (2) or more adjacent sides by street right-of-way lines or, in the case of curved right-of-way lines, when the extension of tangents at the side lot lines yields an internal angle which does not exceed one hundred thirty-five degrees.

53. “Lot, interior” shall mean a zoning lot other than a corner lot.

54. “Lot, depth of” shall mean the mean horizontal distance between the front and rear lot lines.

55. “Lot line” shall mean a boundary of zoning lot. Lot line is synonymous with property line.

56. “Lot of record” shall mean land designated as a separate and distinct parcel in a subdivision, the plat of which has been properly recorded in the Stanley County Register of Deeds, Stanley County, South Dakota, or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the initial adoption of this chapter.

57. “Lot width” shall mean the distance between side lot lines measured at the rear of the required front yard on a line parallel with a line tangent to the street right-of-way line.

58. “Manufacturing/processing, light” shall mean those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat, or glare. These commercial or industrial uses are characterized by generally having all aspects of the process carried on within the building itself.

59. “Minor repair – automobile” shall mean the replacement of minor assemblies or parts and tune-up of automobiles, or trucks of less than fifteen thousand (15,000) pounds gross license weight, but not including body and fender work, painting, engine overhaul, or similar type of work.

60. “Mobile home, trailer house, or manufactured home” shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The terms “mobile home, trailer house, or manufactured home” do not include a recreational vehicle or mobile dwelling.

61. “Mobile home park, trailer park, or manufactured home park” shall mean a tract of land that is used, designed, maintained, or held out for rent to accommodate two (2) or more mobile homes. Mobile homes located in a mobile home park are used only to provide living and sleeping accommodations, a mobile home park does not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale. The term mobile home shall include mobile dwelling.

62. “Motel” shall mean a group of attached or detached living units with individual toilet facilities operated for transient guests with parking facilities conveniently located nearby.

63. “Natural production use” shall mean a production use which shall be directly dependent upon the natural resources of the area; such as gravel pits, rock quarry, and areas containing natural gas.

64. “Non-conforming building” shall mean a building or structure or portion thereof, lawfully existing immediately prior to the time this chapter or an amendment thereto becomes effective, which does not presently meet the area, height, yard, parking, loading, or other requirements of this chapter or any amendment thereto.

65. “Non-conforming uses” shall mean a use which lawfully occupies a building or land immediately prior to the time this chapter or an amendment thereto becomes effective but does not presently meet the requirements of this chapter or any amendment thereto.

66. “Occupancy” shall mean the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

67. “Open space” shall mean all area including off-street parking spaces not covered by buildings or structures.

68. “Overlay district” shall mean a district that is superimposed over one or more base zoning districts which creates specific allowances and permissions to the otherwise applicable zoning regulations for the base zoning district or districts. Upon the establishment of an overlay district, development within the areas shall conform to all base zoning regulations applicable to the area and shall also be permitted, but not required, to enjoy the articulated uses of the overlay district.

69. “Parking space, off-street” shall mean an off the public right-of-way space available for the parking of one motor vehicle and having an area of not less than one hundred eighty (180) square feet exclusive of driveways and having direct access to a street or alley.

70. “Personal health service” shall mean establishments primarily engaged in providing health services, including, but not limited to, medical, dental, chiropractic, ophthalmology, optometry and audiology.

71. “Personal service store” shall mean establishments engaged in providing services involving the care of a person or their apparel, including but not limited to laundry or dry cleaning, garment services, coin-operated laundries, photographic and art studios, beauty shops, barber shops, shoe repair, reducing salons, health clubs, clothing rental, tailors, and dressmakers.

72. “Principal permitted use” shall mean that use of a zoning lot, which is among the uses allowed as a matter of right as the exclusive use of a lot under the zoning classification.

73. “Profession” shall mean an occupation or calling requiring the practice of an art or science through specialized knowledge based on a degree issued by an institution of higher learning.

74. “Public utility facility” shall mean telephone, electric and cable television lines, poles and equipment; water, gas and sewer pipes and valves, lift stations, telephone exchanges and repeaters, and all other facilities and equipment necessary for conducting a service by a government, public utility, or cable television franchisee.

75. “Repair” shall mean the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

76. “Residential use” shall mean use of land or buildings designed for residential purpose, which shall include such land or building used for one or two-family residences, apartment houses, and multiple family dwellings.

77. “Retail store” shall mean establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption, and establishments engaged in providing services or entertainment to the general public, including eating and drinking establishments, repair shops, indoor amusement, copying services, health, professional, personal, educational, and social services, and other miscellaneous services.

78. “Rooming house or lodging house” shall mean any building or portion thereof, containing not more than five (5) guest rooms which are used by not more than five (5) guests where rent is paid in money, goods, labor, or otherwise. A lodging house shall comply with all the requirements of this chapter for dwellings.

79. “Setback” shall mean the minimum horizontal distance between the property line and a building.

80. “Sign” shall mean any device which directs attention to business, commodity, service, or entertainment, but not including any flag, badge, or insignia, or any government agency, civic, charitable, religious, patriotic or similar organizations.

81. “Special use” shall mean a use that is not a principal permitted use, accessory use or conditional use but may be permitted by the Board of Adjustment and Appeals, subject to appeal to the City Council.

82. “Stable – private” shall mean an accessory building in which all of the animals housed are the property of the owner or lessee or of his immediate family.

83. “Stable – public” shall mean a building in which any animals are kept for remuneration, hire, or sale.

84. “Story” shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar, or unused underfloor space shall be considered as a story.

85. “Story – half” shall mean a story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than two (2) feet above the finished floor of such story.

86. “Street” shall mean any thoroughfare of public space not less than thirty (30) feet in width, which has been dedicated or deeded to the public for public use. Street includes public thoroughfares dedicated to public use prior to adoption of this chapter. Newly constructed streets must conform to construction standards of the City.

87. “Structure” shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

88. “Structural alteration” shall mean any change in the structural members of a building, such as walls, columns, beams, or girders. Vehicles duly licensed for operation upon public streets or highways shall not be considered structures.

89. “Use” shall mean the purpose or purposes for which land or building is designed, arranged, or intended, or to which said land or building is occupied, maintained, or leased.

90. “Use – accessory” shall mean a use customarily incidental to a principal permitted use or building and located on the same zoning lot with such principal use or building.

91. “Use – specifically excluded” shall mean a use of land or a structure which is excluded from a district by the operation of other regulations of the district, and which is specifically enumerated as excluded for purposes of clarity of intent and ease of reference.

92. “Variance” shall mean a relaxation of the terms of an ordinance, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, 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. This is not to be confused with a special use.

93. “Yard” shall mean an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the lot on which a building is situated.

94. “Yard – front” shall mean an open space extending the full width of the zoning lot, between the main building and the front line, unoccupied and unobstructed by buildings or structures in excess of thirty (30) inches in height, except as provided herein, the depth of which shall be measured as the least distance between the front lot line and the front of such main building.

95. “Yard – rear” shall mean an open space extending the full width of the zoning lot between the main building and the rear lot line, unoccupied and unobstructed by buildings or structures in excess of thirty (30) inches in height, except as provided herein, the depth of which shall be measured as the least distance between the rear lot line and the rear of such main buildings.

96. “Yard – side” shall mean an open space extending from the front yard to the rear yard, between the main building and the side lot line, unoccupied and unobstructed by buildings or structures in excess or thirty (30) inches in height, except as provided herein, the depth of which shall be measured as the least distance between the side lot line and the side of such main buildings.

97. “Zoning – lot” shall mean a single tract of land located within a single block, which at the time of filing for a building permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building, or structure, for which the building permit or certificate of occupancy are issued and including such area of land as may be required by the provisions of this chapter for such use, building, or structure. The said described tract of land must be recordable in the Office of the Stanley County Register of Deeds.

Source: Ord 976,

Q-1-103 ADOPTION OF OFFICIAL ZONING MAP AND DESCRIPTIONS CUSTODY OF AND MAINTENANCE BY CITY ENGINEER

The location, size, shape, and boundaries of the zones to which the provisions of the text of this chapter are applicable, shall be indicated on the official zoning map in the City Engineer’s Office and, by descriptions incorporated herein and by this reference made a part hereof, and by said map, after being adopted by reference as a part of this chapter, and so certified by the City Finance Officer or his designee, together with the text, shall be maintained by the City Engineer or his designee, and said map shall be the official zoning map, for the purpose of enforcement of this chapter. In case of doubt or dispute the description of said zones shall govern.

A. For the purposes of zoning, there are hereby created twelve (12) types of districts by which the jurisdictional area shall be divided:

1. AG Agricultural district

2. 1-FAM A One-family residential district A

3. 1-FAM B One-family residential district B

4. 1-FAM C One-family residential district C

5. 1-FAM D One-family residential district D

6. 2-FAM Two-family residential district

7. MUL-FAM Multi-family district

8. TOWNHOUSE Townhouse residential district

9. GEN-COM General commercial district

10. HWY-COM Highway commercial district

11. IND Industrial district

12. SALE Sale barn district

13. PARK Park, riverfront, and fairground district

14. RES-EST Residential estate

15. PDD Planned development district

B. The following are designated as zoning Overlay Districts, permitting but not requiring, certain regulations and standards allowed by properties that fall within the boundaries delineated by the overlay district. The creation and/ or modification of overlay districts are treated in the same manner as zoning changes and shall follow the same process and notification requirements as listed in Q-1-114. In the event of doubt, dispute or confusion between the base and overlay districts, the description of overlay district shall govern.

1. Overlay district TBD

2. Overlay district TBD

Source: Ordinance No. 867, 967, 976

Authority: SDCL 9-12-13, 11-4-2

Q-1-104 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules apply:

A. Boundaries indicated, as approximately following the center lines of streets, highways, or alleys will be construed to follow such center line.

B. Boundaries indicated, as approximately following platted lot lines will be construed as following such lot lines.

1. Boundaries indicated as approximately following city limits shall be construed as following such city limits.

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

3. Boundaries indicated as following shore lines are construed to follow such shore lines and in the event of change in the shore line will be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water are construed to follow such center lines.

4. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above are so construed. Distances not specifically indicated on the official zoning map will be determined by the scale of the map.

Q-1-105 CLASSIFICATION, REVIEW, AND ZONING OF ANNEXED LAND

Any land subsequently annexed to the City shall upon such annexation automatically be placed in the same zoning district as it was in and remain so zoned until an amendment to this chapter shall place such annexed land in a different zone or zones. The Planning and Zoning Commission shall review the zoning classification of any annexed land and shall report thereon to the City Council, giving its recommendations as to the proper classification. Said report shall be submitted within six (6) months of the effective date of the annexation.

Source:

Q-1-106 ESTABLISHMENT, DESIGNATION, AND REQUIREMENTS OF ZONING LOTS

In order to facilitate the enforcement of this chapter, the device of zoning lots as defined herein shall be used. A parcel of land shall be designated and suitably recorded by the City Inspector as forming the site of each new building, structure, or use of land or the site of any building structure or use of land designated for any alteration or modification requiring a building permit or certificate of occupancy. Said parcel shall conform in dimensions and area to the provisions of this chapter. A zoning lot may or may not coincide with platted lot lines. Each zoning lot shall be at least twenty-five (25) feet in width and shall front on a public street, or shall have an exclusive, unobstructed, permanent access to such a public street by an unobstructed easement of not less than sixteen (16) feet in width, and not to exceed one hundred fifty (150) feet in length.

Q-1-107 BUILDINGS, STRUCTURES AND LAND CONFORMING TO REQUIREMENTS OF CHAPTER

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

Q-1-108 OPEN SPACE AND OTHER AREAS CONFORMING TO REQUIREMENTS OF CHAPTER

No open space surrounding any building shall be encroached or reduced in any manner, except in conformity with the yard, lot area, and building location regulations herein designated for the district which such building or open space is located. No yard, off-street parking space, off-street loading space, or other space surrounding any building for the purpose of complying with the provision of this chapter except as otherwise specified herein, shall be considered as providing a yard or open space for any other building, and no yard or other open space on one platted lot shall be considered as the required open space on another platted lot unless the other platted lot is in the same ownership and is declared as a single zoning lot in applying for a building permit, and provided no land so considered has previously been considered as part of a required building site or zoning lot in the application for a building permit for an existing building. The required yard or open space for any use, building, or structure shall be contained in the same zone as required for the principal use, its buildings or accessory buildings.

No lot, yard, off-street loading space, off-street parking space. or other open space required for an existing building by the regulations contained herein shall be hereafter reduced in dimension or area below the minimum requirements set forth herein for said building or structure, except to provide for the extension, establishment, or widening of a public street or highway.

Q-1-109 INTERPRETATION OF CHAPTER – CONFLICT WITH OTHER RIGHTS

It is not the intention of this chapter to defeat the purposes of any contract, deed restriction, or protective covenant when such instrument is inconsistent with this chapter or contains more restrictive requirements. In the event this chapter conflicts with other provisions of this code, ordinances, rules, and regulations adopted pursuant city, state, or federal law, then the more strict provisions shall apply.

Areas which are included within the boundaries of an urban renewal plan or other area plan which has been officially adopted and approved by the City Council and a contract with the federal or other government consummated as a consequence thereof, shall not be the subject of any zoning change which will defeat the purposes of such contract.

Q-1-110 INTERPRETATION OF CHAPTER – CONFLICT WITH OTHER LAWS

In the interpreting or applying the provisions of this chapter, the minimum requirements adopted for the promotion of the public health, morals, safety, convenience, comfort, and general welfare shall be strictly conformed to. Wherever the requirements of this chapter are in conflict with the requirements of any other local statute, ordinance, or regulation, the most restrictive, or that imposing the higher standards, shall govern.

Q-1-111 INTERPRETATION OF CHAPTER – CERTAIN USES PROHIBITED

Any use that is not specifically permitted in a district as a principal use, an accessory use, special use, or a conditional use is hereby specifically prohibited. In the regulations for some zones specific excluded uses are enumerated for clarification of intent, but such lists of excluded uses are intended to be exceptions and are not to be interpreted as including all excluded uses.

Q-1-112 RESERVED

Q-1-113 ADMINISTRATION AND ENFORCEMENT OF CHAPTER – BUILDING PERMITS – POWERS AND DUTIES OF CITY INSPECTOR AND BOARD OF ADJUSTMENT AND APPEALS

A. Administration and Enforcement. This chapter, except as provided in chapter Q-2, shall be administered and enforced by the Director of Public Works or his designee. An appeal concerning the decision of the Director of Public Works or his designee may be made to the Board of Adjustment and Appeals as herein provided.

B. Building Permits.

1. There shall be no building or structure erected, added to, or structurally altered, demolished, or moved unless there has been a permit issued by the Director of Public Works or his designee. Except upon a written request from the Board of Adjustment and Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition, or alteration or use thereof will not conform to the regulations of this chapter.

2. With all applications for building permits, there shall be submitted a copy of a layout or plot plan, drawn to scale, showing the actual dimensions of the zoning lot to be built upon the exact size and location on the zoning lot of the building and accessory buildings to be erected, elevation information, and any other information necessary to determine and provide for the enforcement of this zoning ordinance. Each application shall be accompanied by a payment fee as provided in S-1-5. The City Inspector or his designee shall issue the building permit only after determining that the building plans, together with the application, comply with the terms of this chapter. A record of these applications and plot plans shall be kept in the Public Works Director. Issuance of a building permit does not constitute any guaranty of suitability of location, buildability of the ground or other fitness for the use authorized.

Source: Ord 912

Authority: SDCL 11-4-3

Cross Reference: P-1-1; S-1-5

Q-1-114 PROCEDURES FOR AMENDING, CHANGING, MODIFYING, OR REPEALING PORTIONS OF ZONING ORDINANCES OR MAP.

The City Council may from time to time amend, change, modify, or repeal any portion of the zoning ordinance. Any amendment, modification, or repeal shall be proposed in an ordinance presented to the City Council for adoption. The ordinance shall be adopted as other ordinances, except that the City Finance Officer or his designee shall publish ten (10) days prior to the date of the adoption of the ordinance, a notice of time and place when and where all interested parties shall be given a full, fair, and complete hearing. Every proposed amendment or change shall be referred to the City Planning and Zoning Commission for a report thereon. In the event a property is being rezoned, a copy of said notice shall be mailed 1st class to all property owners adjacent to the property being rezoned. The referendum and right of protest may be invoked against such ordinance in like manner as prescribed in SDCL 11-4-5.

Source: Ord 912

Authority: SDCL 11-4-4, 11-4-5, 11-4-8

Q-1-115 VIOLATIONS

Any person who violates any provision of this ordinance, upon conviction thereof, shall be punished by a fine not exceeding Two Hundred Dollars ($200). Each day that the violation is permitted to continue shall constitute a separate offense.

Source: Ord 912

Q-1-116 TO 199, INCLUSIVE. RESERVED.

Q-1-200 NON-CONFORMING USES, LAND, LOTS AND STRUCTURES

Q-1-201 PURPOSE

The City of Fort Pierre Zoning Ordinance has established separte districts and standards, each of which are appropriate for the uses and developments of that district. The purpose of this ordinance is to allow but regulate those non-conforming uses, lots, and structures which substantially and adversely affect the orderly development and taxable value of other conforming property in each district, and to clarify those circumstances and conditions under which those non-conforming uses, lots, or structures shall be permitted to exist with restrictions.

Source: Ord 912

Q-1-202 APPLICABILITY

A. LEGAL NON-CONFORMING USES, LAND, LOTS, AND STRUCTURES

Uses, land, lots, and structures existing lawfully prior to the effective date of this Ordinance which, by reason of this Ordinance, are no longer conforming, shall be considered as legally non-conforming and shall be subject to all regulations imposed hereafter.

B. ILLEGAL NON-CONFORMING USES, LOTS AND STRUCTURES

Uses, land, lots and structures existing lawfully prior to the effective date of this Ordinance, and which remain unlawful, shall be considered illegal unless remedial action is taken by obtaining an authorized special use permit Or it is brought into conformance by another acceptable zoning Ordinance. For the purpose of this ordinance, mobile homes located outside of a mobile home park are considered illegal non-conforming structures.

C. PREVIOUS NON-CONFORMING, USES, LAND, LOTS, AND STRUCTURES WHICH BECOME CONFORMING AS A RESULT OF THE COMPREHENSIVE ORDINANCE AMENDMENT

Uses, land, lots, and structures existing lawfully or unlawfully prior to the effective date of this Ordinance, which are made lawful as a result of the provisions of this Ordinance, shall be considered as conforming.

Q-1-203 AUTHORITY TO CONTINUE LEGAL NON-CONFORMING BUILDINGS, STRUCTURES, AND USES THEREOF

Any legal non-conforming building, structure, or use thereof, which existed at the time of the adoption of this Ordinance and which remains non-conforming, and any such building, structure, or use thereof, which shall become non-conforming upon the adoption of this Ordinance or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow: Q-1-205 thru Q-1-212.

Q-1-204 REPAIRS AND ALTERATIONS

Ordinary repairs and alterations may be made to a non-conforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure, and use thereof, conform to the regulations to the district in which it is located.

A building in a residential district containing non-conforming residential uses may be repaired or altered to improve livability and health conditions, provided no changes are made that would increase the number of dwelling units or the bulk of the building.

Q-1-205 ADDITIONS AND ENLARGEMENTS

A non-conforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such non-conforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located or unless application is made for conversion to a special use.

A non-conforming building or structure, which is non-conforming only as to bulk, shall not be added to our enlarged in any manner unless such additions and enlargements thereto conform to the applicable regulations of the district in which it is located or unless application is made for conversion to a special use.

Q-1-206 RELOCATION OF BUILDING OR STRUCTURE

No building or structure, which does not conform to all of the regulations of the district in which it is located, except those required by law, shall be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof is made to conform to all regulations of the district into which it is moved.

Q-1-207 RESTORATION OF DAMAGED BUILDING OR STRUCTURE

A building or structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which is was before the occurrence will exceed seventy-five (75%) percent of the building or structures value, as determined by a certified appraiser, shall not be restored, except as required by law, unless said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located.

In the event that such damage or destruction is less than seventy-five (75%) percent of the building or structures value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six (6) months from the date of the partial destruction and is diligently prosecuted to completion.

Q-1-208 DISCONTINUANCE OF USE OF NON-CONFORMING BUILDING OR STRUCTURE

A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant, unoccupied, and not used on the effective date of this Ordinance, or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of six (6) months, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.

Q-1-209 EXPANSION OF USE IN NON-CONFORMING BUILDING OR STRUCTURE

A. IN BUILDINGS OR STRUCTURES DESIGNED OR INTENDED FOR NON CONFORMING USE

The non-conforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure, except those required by law, shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located.

B. ACCESSORY USES

No accessory use shall be added to a use which is non-conforming.

Q-1-210 CHANGE OF A NON-CONFORMING USE IN NON-CONFORMING BUILDING OR STRUCTURE

The non-conforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to any conforming use.

Q-1-211 CHANGE OF A NON-CONFORMING USE TO A CONFORMING USE

Whenever all or any part of a building or structure occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this Ordinance, such premise shall not thereafter be used or occupied by a non-conforming use.

Q-1-300 NON-CONFORMING USE OF CONFORMING BUILDINGS OR STRUCTURES

AQ-1-301 APPLICABILITY

The lawfully existing non-conforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions: Q-1-302 thru Q-1-306.

Q-1-302 REPAIRS AND ALTERATIONS

Repairs, alterations, and structural changes may be made to a conforming building or structure occupied by a non-conforming use, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.

Q-1-303 RESTORATION OF DAMAGED BUILDING OR STRUCTURE

A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed seventy-five (75%) percent of the building or structures value, as determined by a certified appraiser, shall not be restored, unless said building or structure and the use thereof shall conform to all the regulations of the district in which it is located.

In the event such damage or destruction is less than seventy-five (75%) percent of the building or structures value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six (6) months from date of the partial destruction and is diligently prosecuted to completion.

Q-1-304 DISCONTINUANCE OF NON-CONFORMING USE OF CONFORMING BUILDING OR STRUCTURE

If a non-conforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

Q-1-305 EXPANSION OF NON-CONFORMING USE IN A CONFORMING BUILDING OR STRUCTURE

The non-conforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be extended into any other portion of such building or structure.

Q-1-306 CHANGE OF A NON-CONFORMING USE IN CONFORMING BUILDING OR STRUCTURE

No non-conforming use shall be changed to another non-conforming use if located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

Q-1-307 CHANGE TO A CONFORMING USE

Whenever all or any part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is occupied by a non-conforming use and is subsequently changed to or replaced by a use conforming to the provisions of this Ordinance, such premises shall not thereafter be used or occupied by a non-conforming use.

Q-1-400 NON-CONFORMING USE OF LAND

Q-1-401 Applicability

The non-conforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions: Q-1-402 thru Q-1-404.

Q-1-402 DISCONTINUANCE OF A NON-CONFORMING USE OF LAND

If a non-conforming use of land is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

Q-1-403 EXPANSION OF A NON-CONFORMING USE OF LAND

A non-conforming use of land shall not be expanded or extended beyond the area it occupies.

Q-1-404 CHANGE TO A CONFORMING USE OF LAND

Whenever a non-conforming use of land is changed to or replaced by a conforming use of land, such premises shall not thereafter be used or occupied by a non-conforming use.

Q-1-500 NON-CONFORMING LOTS

Q-1-501 APPLICABILITY

Legal non-conforming lots existing at the time of the adoption of this Ordinance, may be utilized for uses that are permitted in the zone in which the lot is located, provided that the non-conforming lot complies with following provisions: Q-1-502 thru Q-1-504

Q-1-502 PERMITTED USE

A non-conforming lot (existing prior to the effective date of this Ordinance) may be used for any permitted, special, temporary, or accessory use, provided a primary use is in place, allowed in the zone in which the lot is located.

Q-1-503 SITE AND STRUCTURE PROVISIONS

The use of any non-conforming lot for a conforming use permitted in the zone in which the lot is located is subject to the site and structure provisions, and other requirements of that zone except those specific requirements that directly resulted in the lot’s non-conforming status.

Q-1-504 CONTIGUOUS NON-CONFORMING LOTS

Where two (2) or more contiguous lots with continuous frontage, or combination of contiguous lots and portions of lots with continuous frontage, are under single ownership or unified control at or after the time of the passage of this Ordinance, and if all or part of the lots do not meet the required bulk provisions for lots within the zone in which the lots are located, they shall be considered to be an undivided parcel for the purposes of this Ordinance. Such contiguous groups of non-conforming lots may be resubdivided into new lots where each new lot, to the greatest extent possible, conforms to the standards of the district in which they are located; they may not however be built upon as separate and individual non-conforming lots without review by the Board of Adjustments and Appeals.

Q-1-600 ILLEGAL NON-CONFORMING BUILDINGS, STRUCTURES, LOTS, OR USES

Illegal non-conforming buildings, structures, lots, or uses, existing at the time of the adoption of this ordinance, may continue; however, any illegal non-conforming building, structures lots, or uses against which there is any pending or completed action seeking to bring the buildings, structures, lots, or uses into conformance with current zoning shall not be permitted to continue. Any illegal non-conforming building, structure, lot, or use, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed seventy-five (75) percent of the value, as determined by a certified appraiser, shall not be restored, except as required by law, unless said illegal non-conforming buildings, structures, lots, or uses, shall conform to all regulations of the district in which it is located.

In the event that such damage or destruction is less than seventy-five (75) percent of the building or structures value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six (6) months from the date of the partial destruction and is diligently prosecuted to completion.

Q-1-601 CONVERSION TO A SPECIAL USE

Any non-conforming building, structure, or use may be converted to a permitted “special use” by the granting of a special use permit. This conversion may be permitted only when it is shown that the non-conforming building, structure, or use is providing a particular need or service to the residents of the City of Fort Pierre, and that the use is not unreasonably detrimental to the City as a whole or to adjacent properties.

Q-1-700 SPECIAL CONSIDERATIONS FOR LOTS

Q-1-701 LOT VACATION REQUIREMENTS

When a residence, building, or other structure capable of receiving utility services has been removed or demolished, the following minimum requirements for reclamation shall be met:

A. The property owner shall be responsible for termination of all utility services to the property, including but not limited to water, sewer, electric, cable, phone and gas, at the property boundary or, where deemed appropriate by the Director of Public Works, at a more-distant utility distribution point. The termination of utility services shall be performed in accordance with the requirements of the utilty provider.

B. The property owner shall be responsible for notifying the utility provider and the City of Fort Pierre of the location of the termination point for any utility services.

C. No personal property, garage or debris, including concrete, wood, pipe, wire, or cable, may be placed or remain on the property as fill.

D. All cost for capping or terminating utility services, including any fee owed to the utility provider, shall be the responsibility of the lot owner.

E. The property owner shall be responsible for controling noxious weeds and providing proper drainage on the property.

Q-1-702 LOT STABILITY REQUIREMENTS

When soil stability on any building lot is suspect of being inadequate, the City may require the builder or owner to obtain professional services for construction documents at the sole cost of the builder or owner.

Source: Ordinance No. 963