RESIDENTIAL DISTRICTS

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Q-5 RESIDENTIAL DISTRICTS

Q-5-101 GENERAL STATEMENT CONCERNING USES COMMON TO ALL RESIDENTIAL DISTRICTS.

There are certain uses which are considered acceptable when found in any residential district when developed according to space limits proper for a particular zone.

The uses set forth in Q-5-102 to 106, inclusive, are permitted in all residential districts subject to further restriction or liberalization which is imposed by a specific district.

Q-5-102 PRINCIPAL PERMITTED USES

A. Off-street parking shall be provided for all uses established in the residential districts.

B. Only one (1) building for living purposes shall be permitted on one (1) zoning lot, except as otherwise provided herein.

C. Single-family detached dwellings.

D. Public, parochial, and private schools and colleges offering courses of general instruction when located on sites of at least five (5) acres, and including convents, monasteries, dormitories, and other related living structures when located on the same site as the church.

E. Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

F. Parks and recreation areas operated by the city or other political subdivision.

G. Public and quasi-public buildings for cultural uses.

H. Country clubs as defined herein.

Q-5-103 ACCESSORY USES

The following accessory uses are permitted in all residential districts, subject to further restrictions or liberalizations which are imposed by a specific district.

A. Private garages and private parking areas.

B. Private swimming pools exclusively for the use of residents of the premises and their non-paying guests and subject to any other regulations or ordinances of the City.

C. The parking of one (1) unoccupied trailer designed for recreational use and not to exceed forty (40) feet in length, or one (1) self-propelled recreational vehicle not to exceed forty (40) feet in length, within a building, in the open in a rear yard, or in the open in a side yard twelve (12) feet or more in width, but subject to any permits required by law or ordinance.

D. The storage of two (2) pleasure boats within a building, or in the open in the rear or side yard.

Q-5-104 CONDITIONAL USES

The following uses are conditionally permitted in all residential districts.

A. Utility substations when located according to the yard space rules set forth for dwellings and having a landscaped or a masonry barrier on all sides, and after a showing before the City Council that technical considerations necessary to the functioning of said utility requires the location of the facility in a residential district. Structures shall conform to all space limits of the district in which located and shall have an exterior design in harmony with nearby properties.

B. Railroad through and spur tracks, but no sidings or other terminal type facilities and no service, repair, or administrative facilities, and after a showing before the City Council that such facilities are necessary in the location proposed.

Q-5-105 FRONT YARD DEPTH – EXCEPTIONS

In any residential district each dwelling hereafter erected shall have a front yard equal in depth to the average depth of the front yards of the lots in the immediate residential area, but no front yard shall be less than fifteen (15) feet unless allowed by the Board of Adjustment and Appeals.

Q-5-106 SIDE YARD DEPTH ON CORNER LOTS

On every corner lot in a residential district there shall be provided on the adjacent streets a minimum front yard of twenty-five (25) feet and a minimum side yard of twenty (20) feet with the remaining yards to be a minimum of twenty-five (25) feet and seven and one/half (7.5) feet.

Q-5-107 REQUIREMENT FOR CONFORMING ONE-FAMILY AND TWO-FAMILY DWELLINGS TO THE REGULATIONS OF THEIR RESPECTIVE DISTRICTS

All one-family or two-family dwellings shall conform to all regulations of their respective districts or the regulations in the district which they are placed if they are more restrictive.

Q-5-108 MINIMUM LOT SIZE REQUIREMENT

The minimum lot size requirements for One-Family Residential will allow a fifty (50) feet diameter circle to be placed inside the lot setbacks of the zoning lot or a thirty (30) feet by sixty (60) feet rectangle may be substituted if the sixty (60) feet side parallels the right-of-way.

Q-5-109 REQUIREMENTS FOR NON-RESIDENTIAL USE LOTS IN RESIDENTIAL ZONING DISTRICTS

The requirements for minimum lot size as prescribed in this chapter shall not apply to lots created for the sole purpose of allowing non-buildable land transfers.

The uses of lots fitting this description are required for utility infrastructure, minor lot line adjustments, or the sale of a portion of a parent lot. Lots created under this exception shall not be used for residential or commercial construction by themselves. The limitation on the use of any such lot shall be noted on the plat.

Source: Ord. 816

Q-5-110 CERTAIN USES DECLARED INCOMPATIBLE AND EXCLUDED

A. Vacation Homes

SECTIONS Q-5-111 TO 199, INCLUSIVE. RESERVED.

Source: Ord. 1051

Q-5-201 LEGAL BOUNDARY DESCRIPTIONS FOR ONE-FAMILY RESIDENTIAL ESTATES.

Lots 15- 28 of Block 24; Lots 15-28 of Block 25; Lots 15-28 of Block 26; Lots 15 – 28 of Block 27; Lots 20- 28 of Block 28; Lots 1-9, 20- 28 of Block 33; Lots 1-14 & 24-28 Block 34; 35, 36, 37, 38, 39, 40, 41; Blocks 52, 53, 54 and 55; Blocks 66 and 67; Blocks 75, 76, 77, 78 and 79; Blocks 80, 81, 82, 83, 84 and 85, City of Fort Pierre, Stanley County, South Dakota.

Lots 1, 2, 3 & 4, Pearson Subdivision.

Lot Z1A, Z1B, Z2, of Section 20.

Jones Outlot 1, J1, Spencer’s Outlot 1D, in the NE ¼, Section 29.

Lots 1 and 2, Chase Addition in NE 1/4 SE 1/4, Lying W of Verendrye Dr., Section 19-T5N-R31E (Within one mile jurisdiction of the Ft. Pierre City limits).

Lot Z-2, Turman’s Addition, SE 1/4, Section 20-T5N-R31E.

Williamson’s Subdivision of Gov’t Lot 4 & Accretion to Gov’t. Lot 4, Sec. 9 & Gov’t. Lot 1 & Accretion to Gov’t Lot 1 & Accretion Lot 1 to Gov’t Lot 2, Sec. 16 & the NE ¼ NE ¼ Sec. 17 & the SE ¼ SE ¼ Sec. 8, all in T5N, R31E, B.H.M., Stanley County, South Dakota; Frontier Subdivision (Lots 32R-34R), a Re-subdivision of Lots 32A thru 44 of Williamson’s Subdivision of Gov’t Lot 4, and Accretion to Gov’t Lot 4, Sec. 9 & Gov’t Lot 1 and Accretion to Gov’t Lot 1 and Accretion Lot 1 to Gov’t Lot 2, Sec. 16 & the NE ¼ NE ¼ Sec. 17 & the SE ¼ SE ¼ Sec. 8, all in T5N, R31E, B.H.M., Stanley County, South Dakota; Lots 1B & 2B of Forney’s Subdivision of Lots 1-4 of Williamson’s Subdivision of Accretion Lot 4A, Sec. 9, T5N, R31E, B.H.M.

Block 11, Lots 1-9 & 10-18, Stanley Townsite, City of Fort Pierre, Stanley County, South Dakota.

Source: Ord No. 832, 862, 887

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

Q-5-202 STATEMENT OF PURPOSE FOR ONE-FAMILY RESIDENTIAL ESTATES

This district is designed to provide for a low-density residential environment by design or to establish low-density residential areas which may not be suited to higher density development by reason of topography, geology, drainage or similar land use constraints.

Q-5-203 PRINCIPAL PERMITTED USES

The principal permitted uses common to all residential districts.

Cross reference: Section Q-5-102.

Q-5-204 ACCESSORY USES

1. The permitted accessory uses common to all residential districts.

2. Home occupations.

Cross reference: Section Q-5-103.

Q-5-205 CONDITIONAL USES

The conditional uses common to all residential districts.

Cross reference: Section Q-5-104.

Q-5-206 SPACE LIMITATIONS

A. Building Height Limit. No building shall exceed two and one-half (2 1/2) stories, or thirty-five (35) ft.

B. Required lot area. Not less than sixteen thousand five hundred (16,500) square feet.

C. Percentage of lot coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.

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

1. Front yard depth: Thirty-five (35) feet.

2. Rear yard depth: Twenty-five (25) feet.

3. Side yard width: Not less than ten (10) feet.

Source: Ordinance No. 849

SECTIONS Q-5-207 to 299, INCLUSIVE, RESERVED.

Q-5-301 LEGAL BOUNDARY DESCRIPTIONS FOR ONE-FAMILY RESIDENTIAL DISTRICT A.

Marion’s Acres Subdivision less Lots 35-42; Lot B Compton-Newman 2nd River Subdivision,

Lots 1-18 Block 12; Lots 1-6 and Lots 41-46 Block 13; Lots 7-40 Block 14; Lots 15-18, 29-33 Block 28; Block 29; Lots 1-17, 34-46 Block 32 Stanley Townsite; Lots 6R1 & 7R2; Latham Ranch Addition.

Pearson Subdivision, First Addition to the City of Fort Pierre; Lots 1-21 Compton’s

Cove Subdivision; Lots 35R-48R Frontier Subdivision; Forney’s Lots 1R-2R

Lots 7-40 Block 14; Lots 15-18, 29-33 Block 28; Block 29; Lots 1-17, 34-46 Block 32 Stanley Townsite

Source: Ord. No. 809, 815, 863, 887, 906, 992, 999, 1013, 1052

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

Q-5-302 STATEMENT OF PURPOSE FOR ONE FAMILY RESIDENTIAL DISTRICT A.

This district is designed to provide for a low-density residential environment for one-family dwellings.

Q-5-303 PRINCIPAL PERMITTED USES

The principal permitted uses common to all residential districts.

Cross reference: Q-5-102

Q-5-304 ACCESSORY USES

A. The permitted accessory uses common to all residential districts.

B. Home occupations.

Cross reference: Q-5-103

Q-5-305 CONDITIONAL USES

The conditional uses common to all residential districts.

Cross reference: Q-5-104

Q-5-306 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two and one-half (2 1/2) stories, or thirty-five (35) feet.

B. Required lot area. Not less than eight thousand five hundred (8,500) square feet for residential uses, one (1) acre for religious or cultural uses.

C. Percentage of lot coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.

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

1. Front yard depth: Twenty-five (25) feet.

2. Rear yard depth: Twenty-five (25) feet.

3. Side yard width: Not less than seven and one-half (7.5) feet.

SECTIONS Q-5-307 TO 399, INCLUSIVE. RESERVED.

Q-5-401 LEGAL BOUNDARY DESCRIPTIONS FOR ONE-FAMILY

RESIDENTIAL DISTRICT B.

Lots 1-2, Block 3; Blocks 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Lots 1-3, 24-28 Block 14; Lots 1-7, 21-28 Block 17; Blocks 18, 19, 20, 21, 22, 23; Lots 1-14 of Block 24; Lots 1-14 of Block 25; Lots 1-14 of Block 26; Lots 1-14 of Block 27; Lots 1-8, 23-28 Block 28; Lots 1-6, 23-28 Block 33; Blocks 50, 51, 56; Lots 1-14, 23-28 Block 57; Lots 1-9, 25-28 Block 64; Block 65; Lots 15-17, Block 72; Blocks 73, 74; Blocks 86, 87, 88, 90, 91, 92, 93, 95, 99, 100, 101, 102, 103, 114, 116; Lots 1-18 Block 117; Block 118; Lots 1-16, Block 119; Lots 1-12, Block 120; Block 127, 128, 129, 130; Lots 15-24, Block 131; Blocks 144, 145, 146, 148; Lots 9-20 Block 152; Block 153, Original Townsite, City of Fort Pierre, Stanley County, South Dakota

Lots 17-29, Block 10, First Addition; Blocks 1-7, Chateau Subdivision; Lots 1-2, Elwood Subdivision; Gidding Subdivision; Hughes Subdivision; Hughes Resubdivision; Mary Knoll Subdivision; Lots 1-3, Kruse Subdivision; Martha Subdivision; Rankin Subdivision; Lots 26-38, Block 7, Thomas Acres; Young Subdivision; Arneson Tract 1; Marion’s Pasture Subdivision; Deis 1st Subdivision; Baumgartner Lot 1; Lots 1A-22, Hamilton’s First Addition; H & Z Subdivision; Broken Timber Subdivision; Sheehan’s First Addition; Marlyn’s Addition; Lots 3-5 City First Subdivision; Schumacher’s Subdivision.

Source: 811, 832, 838, 840, 860, 901, 910, 1022

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

Q-5-402 STATEMENT OF PURPOSE FOR ONE-FAMILY RESIDENTIAL DISTRICT B.

This district is designed to provide for a medium density residential environment, for one-family dwellings.

Q-5-403 PRINCIPAL PERMITTED USES

The principal permitted uses common to all residential districts.

Cross reference: Q-5-102

Q-5-404 ACCESSORY USES

A. The permitted accessory uses common to all residential districts.

B. Home occupations.

Cross reference: Q-5-103

Q-5-405 CONDITIONAL USES

A. The conditional uses common to all residential districts.

B. Buildings of non-profit community organizations and social welfare establishments other than those that provide living accommodations.

Cross reference: Q-5-104

Q-5-406 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two and one-half (2 1/2) stories, or thirty-five (35) feet.

B. Required lot area. Not less than seven thousand five hundred (7,500) square feet for residential uses and one (1) acre for religious or cultural uses.

C. Percentage of lot coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.

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

1. Front yard depth: Twenty-five (25) feet.

2. Rear yard depth: Twenty-five (25) feet.

3. Side yard width: Seven and one-half (7.5) feet.

Q-5-407 TO 499, INCLUSIVE. RESERVED.

Q-5-501 LEGAL BOUNDARY DESCRIPTIONS FOR ONE-FAMILY RESIDENTIAL DISTRICT C.

Lots 11 & 12 Ranchland Estates, subdivision of the S1/2NW1/4 and N1/2SW1/4 of Section 29, Township 5 North, Rnage 31 East BHM, City of Fort Pierre, Stanley County, South Dakota.

Source:  Ord 947

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

Q-5-502 STATEMENT OF PURPOSE FOR ONE-FAMILY RESIDENTIAL DISTRICT C.

This district is designed to provide for a medium density residential environment and allow an area where mobile homes may be placed. This district shall be limited to one-family dwellings or mobile homes.

Q-5-503 PRINCIPAL PERMITTED USES

A. Notwithstanding the principal permitted uses common to all residential districts, including the placing of mobile homes provided such mobile homes are not more than four (4) times the width in length.

B. Commercial mobile home parks shall not be permitted in this district.

Cross reference: Q-5-102

Q-5-504 ACCESSORY USES

A. The permitted accessory uses common to all residential districts.

B. Home occupations.

Cross reference: Q-5-103

Q-5-505 CONDITIONAL USES

A. The conditional uses common to all residential districts.

B. Buildings of non-profit community organizations and social welfare establishments other than those that provide living accommodations.

Cross reference: Q-5-104

Q-5-506 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two (2) stories, or thirty-five (35) feet.

B. Required lot area. Not less than seven thousand five hundred (7,500) square feet for residential uses and one (1) acre for religious or cultural uses.

C. Percentage of lot coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.

D. Yards required. Each lot shall have front; side and rear yards not less than the depths or widths following:

1. Front yard depth: Twenty-five (25) feet.

2. Rear yard depth: Twenty-five (25) feet.

3. Side yard width: Seven and one-half (7.5) feet.

Q-5-507 AESTHETIC STANDARDS

A. All homes in this district must have a pitched roof, conventional siding (metal siding must be horizontally oriented), and all extensions to the base home must match the building material of the home.

B. All homes shall be placed on a permanent foundation approved by the home manufacturer.

C. All homes shall have proper skirting if a perimeter foundation is not utilized.

SECTIONS Q-5-508 TO 599, INCLUSIVE. RESERVED.

Q-5-601 LEGAL BOUNDARY DESCRIPTIONS FOR ONE-FAMILY

RESIDENTIAL DISTRICT D.

Blocks 141 and 154, Original Townsite, (Kenzy Mobile Home Court); Shiflet

Subdivision, (Shiflet Mobile Home Court); Lot A, Young’s Outlot, (Prairie Villa Mobile

Home Court); Lot R-1A (Wagon Wheel Mobile Home Court); Quentin Sutley

Subdivision

Source:  Ord 907

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

Q-5-602 STATEMENT OF PURPOSE FOR ONE-FAMILY RESIDENTIAL DISTRICT D.

The district is designed to provide for a medium density residential environment and allow an area where manufactured home parks may be placed. This district shall be limited to one-family manufactured home parks.

Q-5-603 PRINCIPAL PERMITTED USES

The principal permitted use shall be for manufactured home parks only and not those principal permitted uses stated in Q-5-102, except Q-5-102 (C) Single Family Detached Dwellings will be allowed.

Source: Ordinance No. 809, 941

Q-5-604 ACCESSORY USES

A. The permitted accessory uses common to all residential districts.

B. Home occupations.

Q-5-605 CONDITIONAL USES

The conditional uses common to all residential districts.

Q-5-606 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two (2) stories, or twenty-five (25) feet.

B. Required area for a manufactured home space. Manufactured homes spaces shall be provided, consisting of a minimum of five thousand (5,000) square feet for each space.

C. Percentage of lot coverage. Manufactured home units shall not cover more than fifty percent (50%) of the area of the mobile home space.

D. Yards required. The front and rear of any manufactured home shall not be located closer than thirty (30) feet from any other manufactured home or from any building within the manufactured home park. The side of any manufactured home shall not be closer than thirty (30) feet from any other manufactured home. All manufactured homes shall be required to be located a minimum of twenty-five (25) feet from all exterior boundaries of the manufactured home park.

E. All accessory buildings will comply with Q-2-111.

SECTIONS Q-5-607 TO 699, INCLUSIVE. RESERVED.

Q-5-701 LEGAL BOUNDARY DESCRIPTIONS FOR TWO-FAMILY

RESIDENTIAL DISTRICT

Lots 12-23, 28-32, Block 15; Lots 16-34, 47-63, L-1, L-2, Block 30; Lots 16-34, 43-61, Relicted Lots A & B Block 31 Original Townsite, City of Fort Pierre, Stanley County, South Dakota

Lots 13-14 BLK 131, City of Fort Pierre, South Dakota

Lot 4, of Kruse Subdivision; CAM Lots 1 and 2; Lot M.C.-1, in the NE 1/4, Section 28

LOTS 1-6 & 41-46 BLK 14 STANLEY TOWNSITE

Ord.: 908, 1013, 1022, 1023

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

 

Q-5-702 STATEMENT OF PURPOSE FOR TWO-FAMILY RESIDENTIAL DISTRICT

This district is designed to provide for moderate density residential development.

Q-5-703 PRINCIPAL PERMITTED USES

A. The principal permitted uses common to all residential districts.

B. Two-family dwellings.

C. An existing dwelling may be converted into a two-family dwelling provided that any exterior stairway to serve a second floor is placed in the rear of the structure to be converted.

Cross reference: Q-5-102

Q-5-704 ACCESSORY USES

The permitted accessory uses common to all residential districts.

Cross reference: Q-5-103

Q-5-705 CONDITIONAL USES

A. The conditional uses common to all residential districts.

B. Buildings of non-profit community organizations and social welfare establishments other than those providing living accommodations.

Cross reference: Q-5-104

Q-5-706 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two (2) stories, or twenty-five (25) feet in height.

B. Required lot area. Not less than six thousand (6,000) square feet for single-family residential uses, seven thousand five hundred (7,500) square feet for two-family residential uses, and one (1) acre for religious or cultural uses.

C. Percentage of lot coverage. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot.

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

1. Front yard depth: Twenty-five (25) feet.

2. Rear yard depth: Twenty-five (25) feet.

3. Side yard width: Seven and one-half (7.5) feet.

SECTIONS Q-5-707 TO 799, INCLUSIVE. RESERVED.

Q-5-801 LEGAL BOUNDARY DESCRIPTIONS FOR MULTIPLE

FAMILY RESIDENTIAL DISTRICT

Lots 39-46 Block 1; Lots 11-14, Lots 33-36, Block 15; Lots 12-14 Block 72; Lots 19-24 Block 117; Lots 17-24 Block 119 Original Townsite, City of Fort Pierre, Stanley County, South Dakota

Lots 1-23 Schimkat Subdivision; Tract 1A and 1B, U1 of Arthur Schimkat Subdivision; Lot 1 Latham Ranch Addition; Outlot 3, Section 33-T5N-R31E; North 1/2 of Lot C, and Lot S.C.-4 Youngs Outlot No. 1.

Lots 35-42, Marion’s Acres Addition, a Subdivision of Lot 7, Latham Ranch Addition in Section 21, Township 5 North Range 31 East of the Black Hills Meridian, City of Fort Pierre, Stanley County, South Dakota.

Lots 1-3 Block 10, Stanley Townsite, City of Fort Pierre, South Dakota

Source: ORD 897, 982, 904, 945, 964, 982, 992, 1014, 1023, 1033, 1061

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

Q-5-802 STATEMENT OF PURPOSE FOR MULTIPLE FAMILY RESIDENTIAL DISTRICT

This district is designed to provide for moderately high-density apartment development and other uses, which have characteristics similar to those found in operation of apartment houses.

Q-5-803 PRINCIPAL PERMITTED USES

A. The principal permitted uses common to all residential districts.

B. Multiple dwellings, townhouses and condominiums.

C. Hospitals and rest homes, nursing homes.

D. Rooming houses and boarding houses.

E. Private clubs, fraternity houses, sorority houses, lodges, and similar establishments, but specifically excluding such establishments which are in fact operated as a business enterprise, and also excluding associated concessions which are operated as a business enterprise.

F. The offices of one or more professional persons engaged in the activities which generate a limited amount of contact with the general public, including medical clinics, offices of lawyers, accountants, architects, planners, engineers, and similar professions.

G. Buildings of non-profit community organizations and social welfare establishments.

H. Day care centers.

Cross reference: Q-5-102

Q-5-804 ACCESSORY USES

The permitted accessory uses common to all residential districts.

Cross reference: Q-5-103

Q-5-805 CONDITIONAL USES

A. The conditional uses common to all residential districts.

B. Office buildings for the conduct of the administrative business of a single company when such business does not deal with the public directly from the site of such office building.

C. Mortuaries, funeral homes, and funeral chapels.

D. Produce sales.

Cross reference: Q-5-104

Q-5-806 SPACE LIMITATIONS

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

B. Required lot area.

1. No multiple-family dwelling shall be constructed on a lot having less than six thousand (6,000) square feet.

2. Except as otherwise provided, each multiple-family dwelling shall be located on a lot having a minimum of eight hundred (800) square feet of open space for each dwelling unit housed thereon.

3. The open space requirement for multiple-family dwellings containing one (1) bedroom or efficiency units shall be seven hundred (700) square feet for each dwelling unit.

4. Solely for the purpose of determining compliance with lot area per dwelling unit requirements, each lodging room in a group dwelling shall be considered as one-half (1/2) a dwelling unit.

C. Percentage of lot coverage. All buildings including accessory buildings shall not cover more than fifty percent (50%) of the area of the lot.

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

1. Front yard depth: Twenty-five (25) feet.

2. Rear yard depth: Twenty-five (25) feet, or equal in depth to the height of the building, whichever is greater.

3. Side yards: Five (5) feet, but each side yard shall be equal to one-fourth (1/4) of the height of the building. For townhouses, the side yard requirements do not apply to common walls.

E. Required court dimensions. The minimum dimension of a building containing an inner court shall be not less than one-half (1/2) of the height of the building, which contains the court.

SECTIONS Q-5-807 TO 899, INCLUSIVE. RESERVED.

Q-5-901 LEGAL BOUNDARY DESCRIPTIONS FOR TOWNHOUSE RESIDENTIAL DISTRICT.

Lots 16 to 53, Block 46; Lots 16 to 24, 32 to 43, 125 to 131, and 144 to 153, Block 47; Lots 16 to

43 and 149 to 153, Block 60; and Lots 16 to 47 and 148 to 153, Block 61 of Original Townsite of

Fort Pierre, City of Fort Pierre, County of Stanley, State of South Dakota.

Lot 1 and 2, City First Subdivision, City of Fort Pierre, County of Stanley, State of South Dakota.

Source:  Ord 869B,

Q-5-902 STATEMENT OF PURPOSE FOR TOWNHOUSE RESIDENTIAL DISTRICT.

This district is designed to provide for a medium to high density residential environment, for one-family dwellings and townhouses.

Q-5-903 PRINCIPAL PERMITTED USES

The principal uses common to all residential districts.

Cross reference: Q-5-102

Q-5-904 ACCESSORY USES

A. The accessory uses common to all residential districts.

B. Home occupations.

Cross reference: Q-5-102

Q-5-905 CONDITIONAL USES

A. The conditional uses common to all residential districts.

Cross reference: Q-5-103

Q-5-906 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two and one-half (2 ½) stories, or thirty-five (35) feet.

B. Required lot area. Not less than seven thousand five hundred (7,500) square feet for one-family dwellings, four thousand (4,000) square feet for townhouses per dwelling. One (1) acre for religious or cultural uses.

C. Percentage of lot coverage. All buildings including accessory buildings used in single family detached, religious or cultural use shall not cover more than thirty percent (30%) of the area of the lot. All buildings including accessory buildings associated with a townhouse use shall not cover more than fifty percent (50%) of the area of the lot.

D. Required heated floor area per townhouse. No townhouse shall have less than 1,100 square feet of living space. (Does not include garage.)

E. Yards required. Each lot shall have front, side and rear yards not less than the depths or widths following:

1. Front yard depth. Twenty five (25) feet for single family use and thirty five (35) feet for townhouse, religious or cultural uses.

2. Rear yard depth. Twenty five (25) feet for single family use and twenty five (25) feet with an additional ten (10) feet vegetative buffer approved by the Director of Public Works or his Designee for townhouse, religious or cultural uses when abutting other residentially zoned areas.

Side yard width. Seven and one half (7.5) feet for single family use. For townhouse, religious or cultural uses ten (10) feet or equal to one half the height of the building (which ever is greater) and an additional ten (10) feet vegetative buffer approved by the Director of Public or his Designee if abutting a single family residentially zoned area. For townhouse common wall there shall be a zero (0) foot setback.

F. Lot width. Each lot shall have a minimum of twenty (20) feet abutting a public right-of-way.

Q-5-907 OTHER REQUIREMENTS

A. General requirements for townhouses. Each townhouse must be individually titled and individually owned and occupied. Each townhouse lot shall abut on a public right-of-way with at least twenty (20) feet of frontage. Each individual townhouse must have direct access to a yard having frontage on the public right-of-way. Common entry walls and/or hallways are not allowed.

B. Parking. Each townhouse shall accommodate off street parking for at least two vehicles and have two garage spaces.

C. Townhouse groups. There shall not be more than ten (10) attached townhomes in a group. In the event that a lot is to be occupied by a group of two or more buildings to be used as townhomes there shall be a minimum open space of twenty (20) feet between building groups for one-story buildings. There shall be a minimum open space of thirty (30) feet between building groups for two-story buildings. There shall be a minimum open space of thirty five (35) feet between building groups for two and one-half stories. When two townhouse of different sizes abut each other the most restrictive open space requirements applies.

Source: Ordinance No. 867