Q-7 INDUSTRIAL AND SALE BARN DISTRICTS

Q-7-101 LEGAL BOUNDARY DESCRIPTIONS FOR THE INDUSTRIAL DISTRICT

Block 48, 49, 59, Original Townsite, City of Fort Pierre, Stanley County, South Dakota.

Lots 1-10 with a portion of Lot 11, Lots 15-28 Block 44

Elevator Subdivision.

Lots A, 2A, 2B, 2C, 3 of Maher Subdivision.

Lots 1-9, 11-16 of O’Day 2nd Subdivision.

Lots 3-18 of Thomas 1st Subdivision, Section 28.

Easterly 300’ of the W ½ SE ¼ Section 17, and the easterly 300” of the W ¼ NE ¼ of Section 17.

Volmer Outlot 1 of Gov’t Lot 1, SE ¼ Section 20 and SW ¼, Section 21.

Lot A, M, G, in SW ¼, and Lots 9J thru 13J, Spencer’s Outlots in Gov’t Lot 4, all in Section 21-T5N-R31E.

O’Day’s Outlot, Rankin Tract A, Lot 1-A, Ranking Outlot 2, Lots T3-T15, Turman Tract, all in NW ¼, Section 28.

Rankin Outlot 3, SW ¼, Section 28.

Haisch Outlot 1, SW ¼, Section 28.

Spencer’s Outlots 9-30 and Lot T1 in NW 1/4, North of Hwy. 14/34, Sections 20, 21, and 28.

Lots 1-9 of Foothills Subdivision, a subdivision of a portion of Lot R-2, a portion of SW 1/4 NW 1/4 and R-3, a portion in SE 1/4 NW 1/4, Section 28-T5N-R31E.

Lot G, being a subdivision of Gov’t Lot 4, Section 21-T5N-R31E.

Spencer’s Outlot No. 1, being a tract of land lying in S 1/2 SE 1/4, Section 20, and in the N 1/2 NE 1/4 Section 29, all in T5N, R31E.

Lots 2-46 of Spencer’s Outlots, in NW 1/4 of Section 28-T5N-R31E.

Lot 1A-24A and 27A-37A of Spencer’s Outlots, being the SE 1/4 SE 1/4 of Section 20-T5N-R31E.

Lots 1 and 2 of Jones Subdivision of Lot A of Gov’t Lot 6 in NW 1/4 NE 1/4, Section 28-T5N-R31E.

Lot 3, Latham Ranch Addition

Source:  Ord 875, 905, 927, 1002

Authority: SDCL 11-4-2; 11-4-8

Q-7-102 STATEMENT OF PURPOSE FOR THE INDUSTRIAL DISTRICT

This district provides for a wide range of industrial, manufacturing, warehousing, or storage uses, all of which shall be able to meet comparatively rigid specifications as to nuisance free performance.

Q-7-103 PRINCIPAL PERMITTED USES

A. Assembly and packaging.

B. Automobile, heavy truck and equipment sales.

C. Auto and truck rentals.

D. Building material sales.

E. Concrete ready mix plants.

F. Contractor shop, storage, and equipment yards.

G. Dairy products.

H. Freight and handling.

I. Grain elevators, grain, and mill products.

J. Machine shops, metal processing, and fabrication.

K. Manufacturing.

L. Motor vehicle repair shop.

M. Parking facility or lot.

N. Petroleum bulk plants.

O. Printing or publishing.

P. Processing, light.

Q. Public utility facility.

R. Railroad through and spur tracks, sidings, other terminal type facilities.

S. Recycling facilities.

T. Salvage yards.

U. Storage and warehousing.

V. Truck stop.

W. Veterinary.

X. Wholesale trade.

Y. Any industrial use, which can meet the performance standards, set forth for this district but not specifically excluded or specifically mentioned as belonging in another less restrictive district.

Q-7-104 CERTAIN USES DECLARED INCOMPATIBLE AND EXCLUDED

The following uses are hereby declared incompatible with the purpose of the industrial district and are hereby expressly excluded:

A. All dwellings.

B. Drive-in theaters.

C. Feed yards.

D. Mobile home parks.

E. Hospitals, clinics, rest homes, and other institutions for the housing or care of human beings.

F. Public, parochial, and private schools and colleges, except trade schools.

G. Any use not enumerated as permitted in this district but which is specifically provided for in another district or districts.

Q-7-105 ACCESSORY USES

Accessory buildings and uses customarily incidental to any of the permitted uses in the district and provided that such use shall conform to all performance standards set forth for this district.

Cross reference: Q-7-107

Q-7-106 CONDITIONAL USES

A. Offices.

B. Retail or service store.

C. Temporary recreational use

Q-7-107 PERFORMANCE STANDARDS

A. Physical appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from the street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the open storage of vehicles, boats, farm machinery, trailers, mobile homes, or similar equipment when in operable condition.

Contractors storage yards, equipment storage yards, junk, salvage, auto wrecking, and similar operations shall be screened from view from streets and from adjacent properties, and other zoning districts by means of a sight obscuring fence not to exceed a height of eighty (80) inches approved by the City Inspector or his designee. The fence shall be maintained in good repair. The fence shall be constructed within a period of ninety (90) days after notification by the City Building Inspector or his designee, after the date of passage of this chapter.

Temporary recreational uses approved as a conditional use shall not involve any appreciable amount of fixed construction and shall not interfere with the efficient functioning of the district for its primary purpose of providing for industrial uses.

B. Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the standards of the National Board of Fire Underwriters, National Fire Protection Association, OSHA, and any additional regulations of the City.

C. Noise. All noise and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest the industry.

D. Sewage and liquid waste. No operation shall be carried on which involves the discharge into a sewer, water course, or 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 corrosive and damaging to sewer pipes and installations. Any liquid wastes that create heavy loading on the city sanitary system will be subject to treatment by the owner according to reasonable industrial standards before being discharged into the City sewer system or by other agreement with the City Council.

E. Air contaminants. Air contaminants and smoke shall be less dark than designated number 2 on the Ringleman chart as published by the United States Bureau of Mines, except that smoke of a density designated as number 2 shall be permitted for one (1) period of four (4) minutes in each one-half (1/2) hour. Light colored contaminants of such opacity as to obscure an observer’s view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths (2/10) grains per cubic foot as corrected to a temperature of five hundred (500) degrees Fahrenheit.

Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any source whatsoever, such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health, or safety of any such considerable number of persons to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

F. Odor. Odor causing operations shall be controlled so as to reduce the escape of odors to the minimum practical within the limits of technology and economics.

G. Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed five (5) parts per million, carbon monoxide shall not exceed twenty-five (25) parts per million, and nitrous fumes shall not exceed five (5) parts per million. Measurements shall be taken at the zoning lot line.

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

Q-7-108 SPACE LIMITATIONS

A. Building height limit. No building shall exceed seventy-five (75) feet in height.

B. Required lot area. No required lot area.

C. Percentage of lot coverage. Entire lot may be covered except as hereinafter otherwise specified.

D. Yard required. Each lot shall have front, side and rear yards of not less than the depth or widths following:

1. Front yard depth: Thirty (30) feet

2. Rear yard depth: None required but has to comply with loading zone requirement.

3. Side yard width: None required, except on corner lots on which the side setback shall be not less than thirty (30) feet unless approved by the Board of Adjustment and Appeals.

Q-7-109 REQUIREMENTS FOR SELECTED USES

A. Off-street parking and loading shall be provided for all uses established in this district unless otherwise specified herein.

B. Automobile repair shops and filling stations shall be subject to the following provisions:

1. Pumps, lubricating or other devices shall be at least twenty (20) feet from any street.

3. All gasoline, liquefied petroleum gas, fuel, oil or similar substances, that are for resale shall be stored according to state standards.

SECTIONS Q-7-110 TO 199, INCLUSIVE. RESERVED.

Q-7-201 LEGAL BOUNDARY DESCRIPTIONS FOR THE SALE BARN DISTRICT

Blocks 58, 63; Lots 10-21, Block 64 Original Townsite, City of Fort Pierre, Stanley County, South Dakota

Lot 1 of Gov’t Lot 3 SE 1/4, Section 28; Lot 2 N1/2, SW1/4, Section 28; Lots 15-26 O’Day Subdivision; Lot 1 of Gov’t Lot 4, SW 1/4, Section 28; Lots 1 & 2 of Thomas 1st Subdivision

Ord.: 909

Authority: SDCL 11-4-2; 11-4-8

 

Q-7-202 STATEMENT OF PURPOSE FOR THE SALE BARN DISTRICT

This district provides for the limited use of stockyards, which shall meet specifications as to nuisance free performance.

Q-7-203 PRINCIPAL PERMITTED USES

Any use, which can meet the performance standards for this district, except as herein modified. The following uses shall be allowed only in this district: yards for the sale, transfer, and temporary holding of livestock.

Q-7-204 ACCESSORY USES

Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform with all performance standards set forth for this district.

Cross reference: Q-7-207

Q-7-205 CONDITIONAL USES

Temporary recreational uses.

Q-7-206 PERFORMANCE STANDARDS

A. Appearance. Operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring fence in good repair. Temporary recreational uses approved as a conditional use shall not involve any appreciable amount of fixed construction and shall not interfere with the efficient functioning of the district or its primary purpose of providing for stockyards.

B. Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the standards of the National Board of Fire Underwriters, National Fire Protection Association, and any additional regulations of the City.

C. Noise. All noise and noise causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest the industry.

D. Sewage and liquid wastes. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, animal waste, or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. Any liquid wastes, which create heavy loading on the city sanitary system, will be subject to treatment by the owner according to reasonable commercial standards, before being discharged into the City sewer system or by other agreement with the City Council.

E. Air contaminants. Air contaminants and smoke shall be less dark than designated number 2 on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as number 2 shall be permitted for one (1) period of four (4) minutes in each one-half (1/2) hour. Light colored contaminants of such opacity as to obscure an observer’s view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths (2/10) grains per cubic foot as corrected to a temperature of five hundred (500) degrees Fahrenheit.

Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health, or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation, or property.

F. Odor. Odor causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

G. Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed five (5) parts per million, carbon monoxide shall not exceed twenty-five (25) parts per million, and nitrous fumes shall not exceed five (5) parts per million. All measurements shall be made at the zoning lot line.

H. Vibration. All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with operations on nearby zoning lots.

Q-7-207 SPACE LIMITATIONS

A. Building height limit. No building shall exceed seventy-five (75) feet in height.

B. Required lot area. No required lot area.

C. Percentage of lot coverage. Entire lot may be covered, except as hereinafter otherwise specified.

D. Yard required. Each lot shall have front side and rear yards of not less than the depth or widths following:

1. Front yard depth: Thirty (30) feet.

2. Rear yard depth: None required, but has to comply with loading zone requirement.

3. Side yard width: None required, except on corner lots on which the side setback shall be not less than thirty (30) feet unless approved by the Board of Adjustment and Appeals.

Q-7-208 REQUIREMENTS FOR SELECTED USES

A. Off-street parking and loading shall be provided for all uses established in this district unless otherwise specified herein.

B. Manure shall not be allowed to accumulate to objectionable proportions and each feeding pen shall be scraped once a month, weather permitting.

C. Stockyards shall be cleaned at least annually and manure shall not be stored on site for more than fifteen (15) days.

D. Animal feed transportation on the public right-of-way shall not be allowed to spill or slough and shall be promptly cleaned up.

E. Feed shall be limited to fresh materials and shall not include sour silage, sugar beet pulp, paunch manure, garbage, or other materials which may have a tendency to create objectionable odors.

F. Parking and loading spaces sufficient to meet all reasonable demands for such space shall be provided off the public right-of-way.

SECTIONS Q-7-209 TO 299, INCLUSIVE. RESERVED.