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Planning & Zoning Ordinances

PART 1 - SHORT TITLE

This Ordinance shall be known and shall be cited and referred to as "The Zoning Ordinance of Groton, South Dakota," to the same effect as if full titles were stated.

PART 2 - PLANNING AND ZONING

Chapter 2.01  Purpose

2.0101    Setting of Regulations.  The regulations for the zoning and planning as herein set forth are made in accordance with a comprehensive plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare of the community.  They are designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent overcrowding of land, and to facilitate the concentration of population and to facilitate the adequate provision of transportation, water, waste water, schools, parks and other public requirements,  They are made with responsible consideration, among other things, as to the character of each district and its particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.  

PART 3 - JURISDICTION

Chapter 3.01   Jurisdiction

3.0101    Jurisdiction Defined.  The provisions of this Ordinance shall apply within the corporate limits of the City of Groton, South Dakota, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one (1) miles in all directions, as established on the map entitled "The Official Zoning Map of the City of Groton, South Dakota, " as the same may be amended by subsequent annexation.  Said map and amendments thereto and all explanatory matter thereof accompanies and is hereby made a part of this ordinance.  Said map shall be on file in the office of the Register of Deeds of Brown County, South Dakota, and a copy shall be on file in the office of the municipal finance officer of the City of Groton, South Dakota.

3.0102    Jurisdiction Out of Corporate Limits.  The area of joint control shall require action jointly by the Groton planning commission and the Brown County planning commission.

PART 4 - OFFICIAL ZONING MAP

Chapter 4.01  Official Zoning Map

4.0101    General.  The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.  The official zoning map shall be identified by the signature of the mayor, attested by the municipal finance officer, and bearing the seal of the city under the following words; "This is to certify that this is the official zoning map referred to in Title 4 enacted by Ordinance No. 530, adopted April, 1996.         

4.0102    Zoning Map Changes.  If, in accordance with the provisions of this ordinance, changes are made in the district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council with an entry on the official zoning map as follows; On (date), by official action of the city council, the following (change(s)) were made in the official zoning map:(brief description on nature of change)," which entry shall be signed by the mayor and attested by the municipal finance officer.  No amendment to this ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under Chapter 23. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map, which shall be located in the office of the municipal finance officer, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in Groton.

4.0103    Zoning Map Replacement.  In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or by number of changes and additions, the city council may, by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map.  The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof.  The new official zoning map shall be identified by the signature of the mayor, attested by the municipal finance officer, and bearing the seal of the city under the following words:  "This is to certify that this official zoning map supersedes and replaces the Official zoning map adopted (date of adoption of zoning map being replaced) as part of Ordinance No. ___ of Groton, South Dakota."  Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to it adoption or amendment.

PART 5 - DEFINITIONS

Chapter 5.01  Definitions

5.0101    General.  For the purpose of this ordinance, unless otherwise stated, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word shall is mandatory, not discretionary; the word may is permissive; the word person includes a firm, association, organization, partnership, trust, limited liability company, or corporation, as well as an individual; the word lot includes the words plat or parcel; and the words used or occupied include the words intended, designed, or arranged to be used or occupied.

5.0102    Specific Terms.  For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows:

Accessory Use or Structure.  A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principle use or structure.

Adjacent Property.  Properties connecting without regard for streets, alleys, or public right-of-way that divide the properties.

Adjoining Property.  Properties connecting with a side in common.

Boulevard Area.  Street right of way from the curbline (whether there is curb and gutter installed or not) of the surfaced street to the property line.  Generally on a sixty-six foot (66') residential street right of way there shall be thirteen feet (13') on each side of the street for open space and public sidewalk.  The surface may be of any appropriate surfacing material to assure compliance with soil erosion and sedimentation control standards, often this is landscaped.  It is maintained by the property owner, but ownership remains with the City.

Building Area.  The portion of a lot remaining after providing for the required yards.

Building.  The word "building" includes the word "structure" and is a structure which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar  openings.  Within a principle building including covered porches and paved patios is the principle use of the lot on which it is situated.  In any residential district, any dwelling shall be deemed to be the principle building on the lot on which the same is situated.

Commission.  Groton City Planning and Zoning Commission.

City Council.  The Groton City Council.

Density.  Pertaining to the number of dwelling units per net acre or gross acre, as indicated for the appropriate zoning district.  Residential districts density shall not be exceeded for new subdivisions nor exceeded for resubdivision of existing platted land.

Dwelling, Single-Family.  A detached residential dwelling unit other than a mobile home, designed for one (1) family.

Dwelling, Multiple-Family.  A residential dwelling designed for two or more families living independently of each other and doing own cooking in said building.

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

Feedlot, Commercial.  A commercial feedlot is a place where the principle business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.

Fences. A barrier intended to mark a boundary, prevent intrusion or prevent escape.  Generally constructed with posts and boards or wire.  Such fence shall be man-made of posts, wood, plastic, wire, cement, blocks, rocks, or bricks.  Those constructed of cement, blocks, rocks, or bricks must have a setback from the lot line similar to a structure.  Wood, plastic or wire construction may be located along the owner’s side of the lot line or property boundary.  Fences may be constructed to any height found to be structurally sound.  Any fences must be constructed to allow the more aesthetically pleasing side to be visible from the outside of the property.  No barbed/razor wire may be used in residential zones or below six (6) feet in height from the ground in other zones.  No fence or wall shall be permitted which materially impedes vision across required yard spaces or at street, avenue, alley intersections.  Visibility at intersections (16.0101) must be addressed in construction and maintenance of fences.  Fences surrounding junk yards must obstruct the view (5-3-5).

Floor Area.  The sum of all gross horizontal enclosed area of the several floors of a building and its accessory building on the same lot excluding basement floor areas and nonenclosed portions of the structure. All dimensions shall be measured between exterior faces of walls.

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

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

2.   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty (30) percent of the floor area of the dwelling shall be  used in conduct of the home occupation;

3.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated and mounted flat against the wall of the principle building;

4.   No traffic shall be generated by such home occupation in greater volumes than would normally be accepted in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

5.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot, if the occupation is conducted in a single-family residence.  In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Horticulture.  The art or science of growing flowers, fruit, and vegetables.

Junk Yards.  The use of more than seven hundred fifty (750) square feet of open storage on any lot, portion of a lot, or tract of land for the sale, storage, keeping, or abandonment of junk, scrap metals, or salvageable materials, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.

Kennel.  Any lot, structure or premises where four (4) or more dogs and/or cats over four (4) months of age are kept.

Lot.  For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required.  Such lot shall have frontage on an improved public street, or an approved private street, and may consist of:1

1.   A single lot of record;
2.   A portion of a lot of record;
3.   A combination of portions and/or complete lots of record; and
4.   A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance.

Lot Frontage.  The front of a lot shall be construed to be the portion nearest the street.  For the purpose of determining yard requirements on corner lots and through lots, the zoning administrator shall determine which frontage shall require the full depth front yard and which frontage shall require one half depth front yard.

Lot Measurements
1.   Depth  of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear; and
2.   Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than eighty (80) percent of the required lot width except in the case of cul-de-sacs, where the eighty (80) percent requirements shall not apply.

Lot Types.  Any lot within the jurisdiction of this ordinance shall be one of the following types:
1.   Corner Lot.  A corner lot is defined as a lot located at the intersection of two or more streets.  A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side of lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
2.   Interior Lot.  An interior lot is defined as a lot other than a corner lot with only one frontage on a  street.
3.   Through Lot.  A through lot is defined as a lot other than a corner lot with frontage on more than one street.  Through lots abutting two streets may be referred to as double frontage lots.

Manufactured Housing.  Manufactured housing shall include double wide mobile homes, modular homes, prefabricated homes, prebuilt homes, packaged or kit homes.  Manufactured homes shall constitute single family and two-family dwellings for purposes of this ordinance if said dwelling has a minimum width of twenty-three (23) feet, is covered with conventional siding, has a shingled or other suitable roofing material as commonly found on homes built on site with a pitched roof which stands on a permanent foundation, with or without a basement, and is taxed as real estate.  All manufactured homes as herein before described shall consist of units produced in a factory or other building location and then moved to erection site all of which are produced in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. sec. 5401 et seg.) as amended or the Uniform Building Code (International Conference of Building Officials) and then transported to the site and designed for long-term residential use.

Mobile Home.  A one-family dwelling unit of vehicular, portable design, built on a chassis and designed to be moved from one site to another and to be used without permanent foundation and regardless of whether or not such wheels have been removed.  This definition applies to single width, eight (8) feet, ten (10) feet, twelve (12) feet, fourteen (14) feet, sixteen (16) feet, or such other single width trailers as may appear. Regardless if a permanent foundation is placed under the mobile home as defined above and regardless if the mobile home is subsequently taxed as real property, the above-described dwelling unit shall remain a mobile home for purpose of this zoning ordinance.  This definition shall not be construed as to include manufactured modular, prefabricated, precut, prebuilt, packaged or kit housing or dwelling units, as hereinbefore defined, all of which are built away from the site and transported to the site for erection, provided that when completely erected, said manufactured modular, precut, prefabricated, prebuilt,  packaged or kit housing or dwelling unit shall be on a permanent foundation and taxed as real property.

Mobile Home Park.  Any premises where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for one or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles, or enclosure used or intended for use, or intended wholly or in part, for the accommodation of automobile transients.

Nonconforming Use.      Any building or land unlawfully occupied by a use at the time of passage of this ordinance, which does not conform after passage of this ordinance.

Outer Most Point of Structure.  The point of the structure that extends closest to the outside measurement of the lot.  This would include a wall, overhang, decorative projections attached to the structure, bay windows, egress windows wells, decks, or entry steps.  But it would not include patios, driveways, sidewalks, or detachable equipment such as a heat pump or air conditioner or similar utility equipment.

Performance Standards.  It is a criterion established for the purpose of:
1.   Assigning proposed industrial uses to proper districts; and
2.   Making judgments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land or buildings.

Principle or Primary Use or Structure.  The main use or structure of the lot as permitted in the district where the lot is situated. In any residential district, any dwelling shall be deemed to be the principle building on the lot on which the same is situated.

Public Sidewalks.  A permanent smooth hard surfaced area built in accordance with Section 9-2-2, Specifications, maintained for walking by the public.

Public Utility Substation.  An area where facilities are provided for the distribution of telephone, radio communications, water, gas, and electricity.  These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically with the nature of the respective districts.

Safety Hazard Site.  Commercial, industrial, or agriculture property which is used for storage of chemicals, or other materials which may be hazardous to human or animal health if not properly protected.  Property deemed as a safety hazard site by the Chief of Police or the City Council must be surrounded by security fence.

Secondary Use or Structure. See Accessory Use or Structure.

Security Fence.  A barrier intended to prevent intrusion or prevent escape from a site deemed a safety hazard by the Chief of Police or the City Council.  Generally constructed with posts and wire.  Barbed/razor is permitted above a height of six (6) feet from ground level.  The owner or occupant of any property deemed a safety hazard by the Chief of Police or the City Council must construct, maintain, and repair this mandatory security fence for as long as the property continues to be a safety hazard.

Shelterbelt.  A strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreational areas, and wildlife from the wind.

Signs.  Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:
1.   Signs not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or premises, or other identification of premises not having commercial connotations;
2.   Flags and insignia of any government except when displayed in connection with commercial promotion:
3.   Legal notices; identification, informational, or directional signs erected or required by governmental bodies;
4.   Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and
5.   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign, Off-Site.  A sign other than an exterior or interior on-site sign.  Off-site signs are more conventionally known as billboards regardless of size.

Sign, On-Site, Exterior.  An exterior sign relating to its subject to the premises on which it is located, or to products, accommodations, services, or activities on the premises.  Exterior on-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards which are off-site signs.

Sign, On-Site, Interior.  A sign on the interior of a structure relating its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises.  As long as any such sign is not normally viewable from the exterior of the premises, it shall not be regulated by this ordinance.

Special Exception.  A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.  Such uses may be permitted in such zoning district as special exceptions, if specific provisions for such special exception are made in this ordinance.

Street Line.  The lot line abutting right-of-way line.

Structure.  Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.  Among other things, structures include buildings, mobile homes, walls, signs, billboards, and poster panels.

Temporary Structure.  Any structure which will be at a location for 30 days or less. 

Travel Trailer.  A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes having a body width not exceeding eight (8) feet. 

Truck or Equipment Terminal.  Any lot, structure, or premises used for the parking or storage of capital equipment such as trucks, trailers, or other like equipment.

Utility Substation.  See Public Utility Substations.

Variance.  A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning 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 the ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces.  Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.  This is NOT to be confused with a special exception.

Yard.  A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the grade of the lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front.  A yard extending between side lot lines across the front of a lot adjoining a public street. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty (30) inches and ten (10) feet. In case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.  Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and substitute a special yard requirement which shall not exceed the average frontage provided on adjacent lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.  In the case of corner lots with more than two (2) frontages, the zoning administrator shall determine the front yard requirements, subject to the following limitations;
1.   At least one front yard shall be provided having the full depth required generally in the districts; and

2.   No other front yard on such lot shall have less than half depth required generally.
Depth of required front yards shall be measured with a straight line from the center of the front of the structure at right angles from a straight line joining the foremost points of the side lot lines.  The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.  Front and rear front yard lines shall be parallel.  No portion of the structure shall protrude into the required side yard depths or into the half depth of the front yard.

Yard, Side.  A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required.  In the case of corner lots, yards remaining after full- and half-depth front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with it inner edge parallel with the side lot line.

Yard, Rear.  A yard extending across the rear of the lot between inner side yard lines.  In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Zoning Administrator.  City of Groton Finance Officer.

PART 6 - APPLICATION OF DISTRICT REGULATIONS

Chapter 6.01  Application of District Regulations

6.0101    General.  The regulations set forth by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly, except as hereinafter provided.

6.0102    Zoning Affects Every Building and Use.  No building, structure, or land shall hereinafter be used or occupied; and no building or structure or part thereof shall hereinafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

6.0103    Performance Standards.  No building or other structure shall hereafter be erected or altered;
1.   To exceed the height or bulk;
2.   To accommodate or house a greater number of  families;
3.   To occupy a greater percentage of lot area;

4.   To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in other manner contrary to the provisions of this ordinance.

6.0104    Open Space or Off-Street Parking or Loading Space.  No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be included as a part of a yard, open space, or off-street parking or loading space similarly required for any other building.

6.0105    Yard, Lot, Sidewalk, and Boulevard Reduction Prohibited.  No yard, lot, sidewalk, or boulevard existing at the time of passage of this ordinance shall be reduced in dimension or areas below the minimum requirements set forth herein.  Yards, lots, sidewalks or boulevards created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

6.0106    Unclassified or Unspecified Uses.  Unclassified or unspecified uses may be permitted by special exception after the city planning commission has made a review and determination that such uses are similar in character to the principal uses permitted in the district.

PART 7 - ESTABLISHMENT OF DISTRICTS

Chapter 7.01  Establishment of Districts

7.0101    Planning Commission Recommendations.  It shall be a purpose of the Groton planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.  The planning commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the city council shall not hold public hearings or take action until it has received the final report of the city planning commission.

7.0102    Districts Created.  For the purpose of this ordinance, there are hereby created seven (7) types of districts by which the jurisdictional area defined in Title 3 shall be divided:
(AG)  Agricultural Fringe
(R-1)  Residential
(R-2)  Mobile Home
(R-3)  Residential
(C-1)  Commercial
(C-2)  Commercial
(HC)  Highway Commercial
(I)     Industrial

PART 8 - AGRICULTURAL FRINGE PROTECTION DISTRICT (AG)

Chapter 8.01  Agricultural Fringe Protection District (AG)

8.0101    Statement of Intent.  The intent of this district is to protect land adjacent to communities from premature development that would inhibit orderly growth and development within the fringe area while maintaining normal agricultural undertaking.

8.0102    Permitted Principle Uses and Structure.  The following principle uses and structures shall be permitted in Agricultural Fringe Protection District (AG).
1.   Any form of agriculture including the raising of crops, horticulture, animal husbandry, and kennels;
2.   Dwellings and their normal accessory buildings including mobile homes (MH) not to exceed five (5) units;
3.   Railroad track right-of-way; and
4.   Living quarters of persons employed on premises.

8.0103    Permitted Accessory Uses and Structure.  The following accessory uses and structures shall be permitted in the Agricultural Fringe Protection District (AG):
1.   Roadside produce stands in conjunction with a bonafide farm operation on the premises;
2.   Artificial lake(s); and
3.   Home occupations.

8.0104    Special Exceptions.  After notice and appropriate safeguards, the Planning and Zoning Commission  may permit the following special exceptions in the AG District, providing no new facility is closer than 30 feet from any occupied dwelling unless written permission is granted by owner or owners of such dwelling: (Existing activities listed below that expand within their present locations are exempt from this section).
1.   Fairgrounds, racetracks, and amusement parks;
2.   Utility substations;
3.   Airports;
4.   Cemeteries;
5.   Golf courses, country clubs, and golf-driving ranges;
6.   Amphitheaters, stadiums, drive-in movies, arenas, and field houses;
7.   Go-cart tracks, riding stables, play fields, athletic fields, bowling, swimming pools,     automobile parking;
8.   Public parks, public recreational areas, churches, and schools;
9.   Commercial feedlots;
10.  Operation and maintenance terminal for truck and other equipment;
11.  Junkyards and salvage yards provided they are set back one thousand (1,000) feet from state and federal road right-of-ways; if not, they must be screened and not visible to main traveled ways;
12.  Sanitary landfill sites in accordance with the South Dakota Department of Environment and Natural Resources regulations; and
13.  Planned Unit Development.

8.0105    Maximum Number of Approaches.  There shall be no more than one (1) access approach on a public road or highway per one-quarter (1/4) mile on each side of the roads.

8.0106    Minimum Yards.  There shall be a front yard of not less than eighty (80) feet deep from state federal right-of-ways or sixty (60) feet deep from other public road right-of-ways.  The minimum lot area shall be one (1) acre.  There shall be a frontage of not less than two hundred (200) feet across the lot.

8.0107    Minimum Shelterbelt Setback.  Shelterbelt consisting of one or more rows when paralleled to the right-of-way shall be set back a minimum of one hundred fifty (150) feet from the right-of-way line.  Field belts consisting of one or two rows perpendicular to the right-of-way shall be set back a minimum of seventy- five (75) feet from the right-of-way line. Shelterbelts for existing farmstead purposes are exempt from minimum set back requirements.

PART 9 - RESIDENTIAL DISTRICT (R-1)

Chapter 9.01  Residential District (R-1)

9.0101    Intent.  The intent of Residential District (R-1) is to provide for residential uses of varying types and other compatible uses in a pleasant and stable environment.

9.0102    Permitted Principle Uses and Structures.
1.   Single-family and two- (2) family dwellings (including manufactured homes); and
2.   Noncommercial horticultural uses,

9.0103    Permitted Accessory Uses and Structures.
1.   Home occupations and professional offices; and
2.  Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of this district.

9.0104    Special Exceptions.  After the provisions of this ordinance relating to special exceptions have been fulfilled, the Planning & Zoning Commission may permit as special exceptions in Residential District (R-1):
1.   Multiple-family dwellings;
2.   Colleges and universities;
3.   Churches, synagogues, and temples;
4.   Nursery, primary, intermediate, and secondary schools;
5.   Public recreational and park facilities;
6.   Utility substations;
7.   Convalescent, nursing, and rest homes;
8.   Medical and other health facilities;
9.   Governmental services; and
10.  Recreational uses.

9.0105    Minimum Lot Requirements.  The minimum lot areas shall be seven thousand (7,000) square feet for single-and two-family dwellings.  The minimum lot area per dwelling unit in multi-family dwellings shall be seven thousand (7,000) square feet for the first two units and one thousand five hundred (1,500) square feet for each additional dwelling unit.  The minimum lot width shall be fifty (50) feet.

9.0106    Minimum Yard Requirements.  There shall be a front yard of not less than a depth of thirty (30’) feet.  There shall be a rear yard of not less than a depth of seven (7’) feet.  Each side yard shall not be less than seven (7’) feet.  For corner lot, see 5.01 definition Yard, Front.

9.0107   Sidewalk Location. If sidewalks are installed, they shall be a minimum width of five feet (5') located seven feet (7') from the curbline to one foot (1') from the property line.  The rest of the boulevard area shall be landscaped.

PART 10 - PLANNED MOBILE HOME DISTRICT (R-2)

Chapter 10.01  Planned Mobile Home District (R-2)

10.0101   Intent.  This district is created to preserve and enhance property values in the city by providing designated, distinctive areas of not less than two (2) acres having a minimum of three hundred (300) feet in width in which mobile homes may be situated for residential dwelling purposes.  It is the intent that this district be a desirable, prominent area providing adequate open space and essentially the same considerations given to citizens of other residential districts.

10.0102   Permitted Principle Uses and Structures.  The following principle uses and structures shall be permitted in Planned Mobile Home Park District (R-2):
1.   Mobile home dwellings;
2.   Laundromats including facilities for coin-operated dry cleaning machines; and
3.   Parks and playgrounds.

10.0103   Permitted Accessory Uses and Structures. Only those accessory uses and structures customarily incidental to principal uses and structures.

10.0104   Minimum Lot Requirements.  The minimum lot area for individual mobile homes shall be five thousand (5,000) square feet.  The minimum lot width shall be fifty feet (50').  The overall density of any mobile home park shall not exceed six (6) units per gross acre.

10.0105   Minimum Yard Requirements.  There shall be a front yard of not less than a depth of thirty feet (30').  There shall be a rear yard of not less than a depth of seven feet (7').  Each side yard shall be seven feet (7') as measured from the outermost edge of the building.

10.0106   Mobile Home Parks (R-2).  A mobile home park may be established  by following the rezoning process for the Residential Mobile Home (R-2) District provided:

1.   A request for a change in zoning districts to Residential Mobile Home (R-2) shall set forth the topography, legal description of the proposed mobile home park property, and a sketch of the proposed mobile home park, showing dimensions, driveways, proposed locations of mobile homes, the location of sanitary conveniences and other buildings and improvements;
2.   Certification of compliance with all ordinances and regulations regarding mobile home park licensing and zoning, health, plumbing, electrical, building, fire prevention and all   other applicable ordinances and regulations shall be a prior requirement; and
3.   Property line, easements, and right-of-ways will also be shown.

10.0107   Mobile Home Regulations Within a Mobile Home Park
1.   Planned mobile home developments are permitted as a matter of right in districts zoned as Planned Mobile Home districts (R-2).  However, to implement the statement of intent for this district, the following standards shall be met by any applicant.
a.   The proposed property shall be located so that it shall not be necessary for excessive traffic movement from the park to pass through an existing single-family residential area or area suitable for future single-family residential development.
b.   The property is not within an area used nor planned for industrial development, nor will the occupants of the proposed park be in any way adversely affected by nearby existing or planned industrial uses,

2.   Access and Street Requirements.
a.   All mobile home spaces must be served from internal private streets within the mobile home park, and there shall be no direct access from a mobile home space to a public street or alley. These streets must be a least graveled.
b.   A minimum of two (2) off-street parking spaces shall be provided for each mobile home space; guest parking in the ratio of one parking space per five (5) mobile home spaces shall be interspersed throughout the mobile home park.
c.   No internal private street access to a public street shall be closer than one hundred feet (100') to any public street intersection.
d.   All streets shall be lighted in accordance to the standards of the city.
e.   Stop signs shall be placed at all public street intersections, yield signs placed appropriately on internal private streets.
f.   Entrance to mobile home parks shall have direct connections to a public road and shall be designed to allow free movement of traffic on such adjacent public roads.
g.   Streets should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with ten feet (10') minimum moving lanes for collector streets, nine feet (9') minimum moving lanes for minor streets, and seven feet (7') minimum lanes for parallel parking.
h.   Other requirements.

(1). Applicants shall comply with appropriate requirements of the subdivision regulations.

(2). Additional development requirements may be prescribed as conditions when such requirements are determined to be necessary to ensure the protection of the character of the neighboring properties, the compatibility of land uses, and the health and safety of mobile home park occupants.

Special Note:  Also refer to Appendix A for further mobile home requirements and mobile home standards.

10.0108   Sidewalk Location. If sidewalks are installed, they shall be a minimum width of five feet (5') located seven feet (7') from the curbline to one foot (1') from the property line.  The rest of the boulevard area shall be landscaped.

PART 11 - RESIDENTIAL DISTRICT (R-3)

Chapter 11.01  Residential District (R-3)

11.0101   Intent.  The intent is to provide for residential uses of all types and other compatible uses in a pleasant and stable environment.

11.0102   Permitted Principle Uses and Structures.
1.   Single-family dwellings (including manufactured and mobile homes);
2.   Multi-family dwellings;
3.   Noncommercial horticultural uses.

11.0103   Permitted Accessory Uses and Structures.
1.   Home occupations and professional offices; and
2.  Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of this district.

11.0104   Special Exceptions. After notice and appropriate safeguards, the Planning and Zoning Commission may permit as conditional uses:
1.   Churches, synagogues, and temples;
2.   Nursery, primary, intermediate, and secondary schools;
3.   Public recreational and park facilities;
4.   Medical and other health facilities;
5.   Governmental services;
6.   Hospitals, convalescent, nursing, and rest homes;
7.   Utility substations; and
8.   Commercial uses.

11.0105   Minimum Lot Requirements.  Minimum lot area shall be seven thousand square feet (7,000') for single and multi-family dwellings.  The minimum lot width shall be fifty feet (50').

11.0106   Minimum Yard Requirements.  There shall be a front yard of not less than a depth of thirty feet (30').  There shall be a rear yard of not less than a depth of seven (7’) feet.  Each side yard shall be seven feet (7') as measured from the outermost edge of the structure.  For corner lot, see 5.01 definition Yard, Front.

11.0107   Sidewalk Location.  If sidewalks are installed, they shall be a minimum width of five feet (5') located seven feet (7') from the curbline to one foot (1') from the property line.  The rest of the boulevard area shall be landscaped.

PART 12 -HIGHWAY COMMERCIAL DISTRICT (HC)

Chapter 12.01  Highway Commercial District (HC)

12.0101   Intent.  The intent of the Highway Commercial District (HC) is to provide commercial areas for those establishments which can function most satisfactorily in an area directly related to a major vehicular circulation route due to the nature of the merchandise handled and the display space required, particularly items requiring expansive display area such as motor vehicles, trailers, and farm implements; the method of  transport required to the purchaser for the merchandise handled, particularly goods customarily traded in bulk such as lumber or feed requiring access for the customer to the sales area; primary dependence upon vehicular, as opposed to pedestrian, access such as drive-in facilities and all types of automotive and farm implements service; or the clientele toward which the establishments are primarily oriented, particularly travelers on the highways.

12.0102   Permitted Principle Uses and Structures.  The following principle uses and structures shall be permitted in Highway Commercial District (HC):
1.   All retail sales and services; and
2.   Wholesale trade.

12.0103   Permitted Accessory Uses and Structures.  The following accessory uses and structures shall be permitted in Highway Commercial District (HC);
1.   Accessory uses normally appurtenant to the permitted principal uses and structures when established in conformance within the space limits of these districts.

12.0104   Special Exceptions.  Industry and manufacturing.

12.0105   Minimum Yard Requirements.  There shall be a front yard of not less than a depth of forty feet (40').  There shall be a rear yard of not less than a depth of twenty feet (20').  Each side yard shall be not less than ten feet (10') as measured from the outermost edge of the structure.

12.0106   Boundaries.  The Highway Commercial District (HC) shall extend three hundred  feet (300') on either side of the highway.

12.0107   Bufferzone.  When a highway commercial use is adjacent to an existing residential use, the building and lot must be buffered by a six foot (6') high fence or shrub line.

12.0108   Sidewalk Location.  If sidewalks are installed, they shall be a minimum width of eight feet (8') located from the curbline.

PART 13 - GENERAL INDUSTRIAL DISTRICT (I)

Chapter 13.01  General Industrial District (I)

13.0101   Intent.  The intent of the General Industrial District (I) is to provide space for certain types of industrial and/or manufacturing and/or warehouses or storage operations which are compatible to adjoining districts.  Such uses generally require open storage of materials or goods either before, during, or after the manufacturing process but are of a low noise or nuisance level.  Land designated for this district should be located in relation to the thoroughfare network of the community as well as rail and air if required and designated so as to not disrupt normal traffic flow.  Planned industrial parks are encouraged in this district.

13.0102   Permitted Principle Uses and Structures.  There are no permitted principle uses and structures.

13.0103   Permitted Accessory Uses and Structures.  There are no permitted accessory uses and structures.

13.0104   Special Exceptions.  Extensive lists of permitted and prohibited uses are impractical.  Therefore, all industrial uses and structures may be allowed by special exception.  The Planning and Zoning Commission of adjustment may permit as special exceptions in general industrial districts any use which is consistent with the intent of this district.  The Performance Standards found in Appendix B may be used as guidelines in determining special exceptions.

13.0105   Minimum Yard Requirements.  There shall be a front yard of not less than a depth of twenty-five feet (25'). There shall be a rear yard of not less than a depth of twenty feet (20').  Each side yard shall not be less than twenty feet (20'), provided, that on lots adjacent to a residential lot, all buildings shall be located so as to provide a minimum side and rear yard of twenty-five feet (25') along that portion of the lot adjacent to the residential lot.

13.0106   Sidewalk Location.  If sidewalks are installed, they shall be a minimum width of eight feet (8') located from the curbline.

13.0107   Bufferzone.  When a highway commercial use is adjacent to an existing residential use, the building and lot must be buffered by a six foot (6') high fence or shrub line.

PART 14 - COMMERCIAL DISTRICT 1 (C1)

Chapter 14.01 Commercial District (C1)

14.0101   Intent.  The intent of the Commercial District 1 (C1) is to provide a commercial area for those establishments serving the general shopping needs of the trade area and in particular, those establishments customarily oriented to the pedestrian shopper.  The grouping of uses is intended to strengthen the central business area as the urban center of trade, service, governmental and cultural activities and to provide neighborhood commercial convenience areas.

14.0102   Permitted Principle Uses and Structures.  The following principle uses and structures shall be permitted in the Commercial District 1 (C1):
1.   All retail sales and services;
2.   Lodges and fraternal organizations.

14.0103   Permitted Accessory Uses and Structures.  Those accessory uses and structures normally appurtenant to the permitted uses and structures when established within the space limits of this districts.

14.0104   Special Exceptions.  After the provisions of this ordinance relating to special exceptions have been fulfilled, the Planning and Zoning Commission of adjustment may permit as special exceptions in the Commercial District 1 (C1):
1.   Grain elevators;
2.   Other trade and service uses which are similar to the permitted principal uses and which are in harmony with the intent of this district;
3.   Structures containing both commercial and residential uses;
4.   Wholesale trade; and
5.   Multi- and single-family dwellings.

14.0105   Minimum Lot Requirements.  The minimum lot area shall be two thousand four hundred (2,400) square feet.  The minimum lot width shall be twenty-five feet (25').

14.0106   Minimum Yard Requirements.  All buildings located on lots adjacent to a residential district shall be located so as to conform on the adjacent side with the yard requirements for the adjacent residential district.  There shall be a rear yard of not less than a depth of seven (7’) feet.

14.0107   Sidewalk Location.  If sidewalks are installed, they shall be a minimum width of eight feet (8') located from the curb line.

14.0108   Bufferzone.  When a commercial use is adjacent to an existing residential use, the building and lot must be buffered by a six foot (6') high fence or shrub line.

PART 15 - COMMERCIAL DISTRICT 2 (C2)

Chapter 15.01 Commercial District 2 (C2)

15.0101  Intent.  The intent of the Commercial District 2 (C2) is to provide a commercial area for those establishments serving the general shopping needs of the trade area and in particular, those establishments not customarily oriented to the pedestrian shopper or not oriented to vehicle traffic. 

15.0102  Permitted Principle Uses and Structures.  The following principle uses and structures shall be permitted in the Commercial District 2 (C2):

  1. All retail sales and services;
  2. Lodges and fraternal organizations;
  3. Wholesale trade;
  4. Warehouses; and
  5. Grain storage and elevators.

15.0103  Permitted Accessory Uses and Structures.  Those accessory uses and structures normally appurtenant to the permitted uses and structures when established within the space limits of this districts.

15.0104  Special Exceptions.  After the provisions of this ordinance relating to special exceptions have been fulfilled, the Planning and Zoning Commission of adjustment may permit as special exceptions in the Commercial District 2 (C2).

  1. Industry & manufacturing;
  2. Other trade and service uses which are similar to the permitted principal uses and which are in harmony with the intent of this district;
  3. Structures containing both commercial and residential uses; and
  4. Multi- and single-family dwellings.

15.0105  Minimum Lot Requirements.  The minimum lot area shall be five thousand (5,000) square feet.  The minimum lot width shall be fifth feet (50’).

15.0106  Minimum Yard Requirements.  There shall be a front yard of not less than a depth of thirty feet (30’).  Each side yard shall be not less than seven feet (7’) as measured from the outermost edge of the structure.  There shall be a rear yard of not less than a depth of seven feet (7’).

15.0107   Bufferzone.  When a highway commercial use is adjacent to an existing residential use, the building and lot must be buffered by a six foot (6') high fence or shrub line.

PART 16 - SUPPLEMENTARY DISTRICT REGULATIONS

Chapter 16.01 Regulations

16.0101   Visibility at Intersections.  On all corner lots and lots bordering alleys and all private driveways intersecting public roads in all districts nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2 ½') and ten feet (10') above the centerline grades of the intersecting streets, in the area formed by a radius of twenty feet (20') from the intersection of the streets, curbs, or edge.

16.0102   Erection of More than One Principle Structure on a Lot. In any district, more than one structure housing a permitted or permissible principle use may be erected on a single lot, provided, that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

16.0103   Primary Structure Required for Secondary Structure.  No secondary structure shall be permitted prior to the building of a primary structure.  All secondary structures must be located on the same lot or an adjoining lot with the same frontage as that of the primary structure unless a special exception is granted. If a primary structure is removed from a lot, the secondary structure will be permitted to remain on the lot without a primary structure for no more than one (1) year.  Within that one (1) year a primary structure must be constructed or the secondary structure must be removed. 

16.0104   Building in Street.  No person shall erect or maintain any building in such a position that the same shall stand in whole or in part upon any public street, road, alley, or sidewalk in said city, or so constructed that any part of the building proper shall project into or over such street, road, alley, or sidewalk; provided that jutting windows, cornices, and other projections from the buildings above the first story may extend over an adjoining street, road, alley, or sidewalk, not exceeding eighteen inches (18"); and no person shall construct any step, area, or other appurtenance to any building extending over or upon the sidewalk nor shall any person erect in any public street or road any flight of stairs or step leading to any floor of any buildings.

16.0105   Spacing of Signs.  Signs may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device; obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

16.0106   Manufactured Home Regulations
A. Manufactured homes are a permitted use in a Residential District (R-1) must:
1.   Be placed on a permanent foundation approved by the building official of the City of Groton as meeting the requirements set forth in "Guideline for Manufactured Housing Installations," (most current edition) published by the International Conference of Building Officials.
2.   A permanent perimeter enclosure around the foundation is required and must be capable of supporting the structure.  It can be made of wood, brick, concrete block, poured cement, or other suitable material.  Plywood fixed to wood for appearance only is not acceptable.
3.   Have had the towing hitch and running gear, which includes tongues, axles, brakes, wheels, lights, and other parts of the chassis that operate only during transportation, removed.
4.   Have a pitched roof with not less than two and one-half feet (2 ½’) of rise for each twelve feet (12') of horizontal run with any roofing material used that is generally accepted for housing built on site. 

5.   Having exterior siding constructed from any materials that are generally accepted for housing built on site if applied in such a manner as to be similar in appearance, provided, however, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel.

B. Manufactured homes in all other districts (other than R1) do not need to be on permanent foundations, but must have acceptable ground anchors and a perimeter enclosure from the bottom of the structure to the ground.

16.0107   Mobile Home Regulations.  All inhabited mobile homes in all districts (other than R1) must comply with the following mobile home regulations:
1.   Skirting--All mobile homes shall have adequate skirting from the bottom of coach to the ground.
2.   Mobile Home Tiedowns--Each mobile home up to fourteen feet (14') in width shall be provided with over-the-top tiedowns to meet the standards following, and all mobile homes shall require the number of frame ties as shown in the following table:

5 Frame Ties/4 Over-the-Top Ties For 30-50 Ft Long Mobile Homes

6 Frame Ties/4 Over-the-Top Ties For 50-60 Ft Long Mobile Homes

7 Frame Ties/4 Over-the Top Ties For Mobile Homes Greater Than 60 Ft

**Additional criteria on mobile home piers, footings, tiedowns, and anchors can be found in Appendix A.

3.   Ground Anchors--Mobile home ground anchors shall be provided for each mobile home.  Anchors shall be capable of withstanding five thousand seven hundred (5,700) pounds of pull and sunk to a depth of five feet (5').

16.0108   Unauthorized Mobile Homes.  No mobile home shall be parked and occupied in any unauthorized district for more than seven (7) days except upon a special permit issued by the City.  Such permit shall be issued for a period not to exceed thirty (30) days and shall not be renewable within the same calendar year.  Provided, however, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding one hundred eighty (180) days and which shall be renewable for an additional period not exceeding one hundred eighty (180) days.  However, if material progress with house construction is not made within forty-five (45) days from the issuance of a permit, or if construction work ceases for a consecutive period of forty-five (45) days, permit shall become void.

16.0109   SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS FOR ALL DISTRICTS EXCEPT FOR COMMERCIAL DISTRICT(C)

PART 17 - NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, NONCONFORMING USES OF STRUCTURES AND PREMISES, AND NONCONFORMING CHARACTERISTICS OF USES

Chapter 17.01  Nonconformance

17.0101   Intent.  Within the districts established by this Ordinance or amendments that may later be adopted, there exist:
1.   Lots;
2.   Structures;
3.   Uses of land and structures; and
4.   Characteristics of use; which were lawful before this ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this ordinance and future amendments.  It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.  It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
Nonconforming uses are declared by these regulations to be incompatible with permitted uses in the districts involved.  A nonconforming use of a structure or a nonconforming use of land and structure in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.  Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.  Where excavation or demolition of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

17.0102   Nonconforming Lots of Record.  In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance.

Such lot must be in separate ownership.  This provision shall apply even though such lot fails to meet the  requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.  Variance of yard requirements shall be obtained only through action of the city planning commission. 

In any district, if two (2) or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance; and no portion of said parcel shall be used or sold in a manner which diminished compliance with lot width and area requirements established by this ordinance; nor shall any division of any parcel be made which creates a lot with width or area below requirements stated in this ordinance.

17.0103   Nonconforming Uses of Land (Or Land With Minor Structures Only).  Where at the time of passage of this ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided.
1.   No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.
2.   If any such nonconforming use of land ceases for any reason for a period of more than two (2) years, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
3.   No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

17.0104   Nonconforming Structures.  Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on areas, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.   No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its   nonconformity.
2.   Should such nonconforming structures or nonconforming portion of structure be destroyed by any means to an extent of more than fifty (50) percent of its reasonable fair market value/replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
3.   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

17.0105   Repairs and Maintenance.  On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current reasonable fair market value/replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

17.0106   Uses Under Special Exceptions Provisions Act.  Any use which is permitted as a special exception use in a district under the terms of this ordinance (other than a change through the city planning commission action from a nonconforming use to another use not generally   permitted in the district) shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use at the date of adoption of this ordinance.

PART 18 -ADMINISTRATIVE PROCEDURE AND ENFORCEMENT

Chapter 18.01  Administration

18.0101   Adoption of Uniform Building Code.  There is hereby adopted by the City of Groton for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Uniform Building Code, Abbreviated Edition, recommended by the International Conference of Building Officials, being particularly the most current edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended of which a copy is on file in the office of the city finance officer of the City of Groton, and the same is hereby adopted and incorporated as fully as if set out at  length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City of Groton.

18.0102   Administration and Enforcement.  An administrative official who shall be known as the zoning administrator and who shall be designated by the city council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the city council may direct.

If the zoning administrator shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.  He may order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings, structures, additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions.

18.0103   Building Permits Required.  No building, except a temporary structure, shall be erected, partially erected, moved, added to, or structurally altered without a permit therefore issued by the city.  No builder, hired to complete the construction, with or without pay, including any firm, corporation, partnership, or individual, shall commence work upon the construction until a building permit is first obtained by the owner or the builder.  No building permit shall be issued by the city except in conformity with the provisions of this ordinance, unless by a written order from the city planning and zoning commission in the form of an administrative review special exception, or variance as provided by this ordinance.
The issuance of a building permit shall, in no case, be construed as waiving any provisions of the ordinance.

18.0104   Application for Building Permit.  All applications for building permits shall show the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration.  Anyone desiring to move any building into, along, or across any public street, alley, or highway must describe the lot on which it is to be moved, the street along which it is proposed to move such building, the time when such moving will take place, and the size of the building.

The application shall include such other information as lawfully may be required by the city, including existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of the ordinance.

The application for a moving permit shall be required to have accompanying photographs of the structure to be moved; and an inspection by the zoning administrator or an appointed designee to determine structure suitability and building code compliance may be required.  This inspection shall be at the applicant's expense.

The applicant for a moving permit shall be required to furnish a deposit in an amount determined by the zoning administrator to protect the city against loss or damage to public or private property.  The deposit shall be returned to the person depositing same upon official report by the street superintendent of the conditions of the streets, sidewalks, crossings, or other public or private property after the moving has taken place.
One (1) copy of the application shall be returned to the applicant, one (1) copy will be sent to the county, and the original retained in the city offices after the permit is approved or disapproved and attesting to the same by the applicant's signature. 

The zoning administrator shall issue and sign permits according to the fee schedule as provided by Title 21.  If a building permit is refused, the zoning administrator shall state the reasons for such refusal in writing.

If the work described in any building permit has not been substantially completed within six (6) months of the date of issuance thereof, said permit shall expire and be cancelled by the zoning administrator unless the permit is renewed sooner by the zoning administrator.  If the work described in the building permit has not been substantially completed within one (1) year of the date of the first issuance of the permit, the permit shall be cancelled by the city planning and zoning commission unless the applicant is able to show cause to the planning and zoning commission as to why the work has not been completed and why the permit should be renewed.  Before cancellation of a building permit, notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until the permit has been renewed.

18.0105   Signs - Permit Required. It shall be unlawful for any person to erect, hang, suspend, or maintain any sign or advertising device upon or over any sidewalk or over or into any street or alley within the limits of the City of Groton without first having obtained a permit for doing so.  Any person desiring a permit shall make written application therefore to the City Planning & Zoning Commission, which application shall set forth and fully describe the kind, character, weight, and size of such sign or advertising device and the building to which to is to be attached or in front of which it is to be placed, with the location of such building and said written application shall further contain an agreement and understanding that the person signing the same will indemnify and save harmless the City of Groton from any and all costs, expenses, and damages that may be caused by erecting, hanging, suspending, or maintaining said sign or device over or upon said sidewalk, street or alley, and that the person signing said application will pay or cause to be paid, any judgment for costs and damages that may be recovered against the City of Groton arising out of the injuries to persons or property occasioned by said sign or advertising device.

Upon filing of said written application with the finance officer, the City Planning & Zoning Commission may, if it deem such sign or device safe and deem the applicant financially able to meet his said obligation, grant said permit and order the zoning administrator to issue a permit in writing upon the payment of a fee therefor; said permit shall specify the manner in which such sign shall be placed or attached, its location, strength, size, character, and material.  Provided, that no sign or advertising device shall be hung or suspended over any alley, street or sidewalk in such manner that any part of the same shall be less than seven feet six  inches (7'6") above the sidewalk or fourteen feet (14') above any street or alley.  Provided further that the City Planning & Zoning Commission may at any time inspect or cause to be inspected such signs or advertising devices and revoke any of the permits granted hereunder, and order any such sign or advertising device to be repaired or removed if the same is deemed to be unstable.

18.0106   Awnings.  It shall be unlawful for any person to set up or maintain any awning or wood, metal, or other hard material over or above any street, alley, or sidewalk or any portion thereof within the limits of the City of Groton without first having obtained a permit for doing so.  Provided the cloth or temporary awnings may be placed at a height not less than seven  feet (7') above any sidewalk or fourteen feet (14') above any street or alley..

18.0107   Construction and Use to be as Provided in Application and Permits.  Building permits issued on the basis of applications approved by the city authorize only the use, arrangement, and construction set forth in such approved application.  Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by Section 23.0102 hereof.

18.0108   Estimating Construction Costs on All Buildings/Zoning Permits Applications.  All building/zoning permits shall be obtained by application of the owner or builder and shall give an estimated cost of the construction or repairs and initial fees shall be based on such estimate; provided that if at the completion of said construction or repair the estimated cost as given in the application appears inadequate to the city zoning official, he may demand bills or receipts to  substantiate such value and additional fees may be assessed accordingly.  It is the owner's responsibility to obtain a permit prior to construction on his property, owned or leased.  

18.0109   Electrical or Communications Towers and Dishes - Permit Required.  It shall be unlawful for any person, corporation, or business to erect, construct, hang, or maintain any electrical generation or communication tower greater than 10 feet in height or satellite dish greater than three feet (3') in diameter without first obtaining a permit.  Any person desiring a permit shall make written application therefor to the city planning and zoning commission, which application shall set forth and fully describe the kind, character, and size of such tower or dish, with the location of such structure and said written application shall further contain an agreement and understanding that the person signing the same will indemnify and save harmless the City of Groton from any and all costs, expenses, and damages that may be caused by erecting, hanging, maintaining such tower or dish and that the person signing said application will pay or cause to be paid, any judgment for costs and damages that may be recovered against the City of Groton arising out of the injuries to persons or property occasioned by said tower or dish.  Upon filing of said written application with the finance officer, the city planning and zoning commission may, if it deems such tower or dish safe and deems the applicant financially able to met his said obligation, grant said permit and order the finance officer to issue a permit therefor in writing upon the payment of a fee therefor; said permit shall specify the manner in which said tower or dish shall be placed and attached to its location and its size, and character and liability insurance coverages.

18.0110   Size and Placement.  Towers and satellite dishes shall comply with minimum front, side, and rear yard requirements for the respective zone in which it is to be placed.  Dishes and towers shall be constructed and anchored according to the manufacturer’s instructions.  Ground towers may have a basic height of up to thirty-five feet (35'). 

For every one additional foot in from the side or rear building setback lines, another one foot in height may be added to a maximum height of sixty feet (60').  Roof towers shall not extend more than twenty feet (20') above the point of attachment and dishes attached to the side or roof of a building shall not extend more than twelve feet (12') above the point of attachment.

18.0111   Fee Structure.  The City Council shall establish the terms, conditions, and fee structures which shall regulate the manner of use of public right of ways, streets, alleys, and municipal poles.  These terms, conditions, and fee structures shall be kept on file with the finance officer of the City of Groton.  No person may use public property belonging to the City of Groton without a license from the City to do so based on applying and complying with the terms and conditions set and paying a fee required.

PART 19 - CITY PLANNING AND ZONING COMMISSION

Chapter 19.01  Planning Commission/Board of Adjustment

19.0101   Created.  There is hereby created a planning and zoning commission/board of adjustment which shall be referred to as the city planning commission.  (SDCL 11-6-2).

19.0102   Composition.  The city planning commission shall consist of not less than five members appointed by the city council.  The term of each appointed member shall be for five years except that when the planning commission is first appointed three of the members shall be appointed for three years and the balance of the members shall be appointed for five years. Thereafter, appointments of each member shall be for terms of five years so that there will be an overlapping of tenures. The mayor, with majority confirmation of the city council, shall after public hearing, have authority to remove any member of the Planning and Zoning Commission for cause, which cause shall be stated in writing and made a part of the record of such hearing.

19.0103   Residency Requirement.  All city planning commission members shall be required to live within the city limits of the City of Groton.  The residence referred to shall be the primary home of the commission member which he considers to be his permanent residence.  Any newly appointed member shall agree to move his residency to comply with this requirement within thirty (30) days from the date of his appointment if he does not already live within the city limits of the City of Groton.  Any member who moves his principal residence outside of the city limits of the City of Groton shall immediately submit his resignation from the commission on or before the date of the move, giving timely advance notice to the city of the contemplation of that move to allow the city to make a new appointment to the commission.  If the resignation is not timely offered, the appointment of that member to the commission shall terminate by operation of law on the date the member moves his residence outside the city limits of the City of Groton.

19.0104   Powers and Duties.  The city planning commission may exercise all such planning and zoning powers granted in South Dakota Complied Laws 11-4 and 11-6 and acts amendatory thereof, as may be necessary to enable it to fulfill and perform its functions, promote municipal planning or carry out all the purposes of this chapter.

19.0105   Comprehensive Plan.  It shall be a function and duty of the city planning commission to make and adopt a comprehensive plan for the physical development of the city.  The plan may include among other things, population and economic projections, park and recreation plans, a major street plan, water and sewer plans, and a land use plan which shows the planning commission's recommendation for future physical development.  (SDCL 11-6-14).

19.0106 Zoning and Subdivision Regulations.  In exercising the duties granted to it by this chapter, the city planning commission shall by ordinance adopt regulations governing land uses, building or set-back lines and the subdivision or platting of land within the city in accordance with SDCL 11-4 and 11-6.

Chapter 19.02  Procedure

19.0201   Proceedings of the City Planning and Zoning Commission. The city planning and zoning commission shall serve as a board of adjustment as provided by South Dakota law. The city planning and zoning commission shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions of this ordinance.  The city planning and zoning commission shall keep a record of all proceedings.  Meetings shall be held at the call of the chairman and at such other times the planning commission may determine.  The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.  All meetings shall be open to the public.

19.0202   Hearings; Appeals; Notices.  Appeals to the city planning and zoning commission may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the zoning administrator.  Such appeal shall be taken within thirty (30) days after the building permit is returned to the applicant with findings, by filing with the officer from whom the appeal is taken for the city planning and zoning commission a notice of appeal specifying the grounds thereof.  The officer from whom the appeal is taken shall forthwith transmit to the city planning and zoning commission all the papers constituting the record upon which the action appealed from was taken. The city planning and zoning commission shall within fifteen (15) days, hold a hearing of the appeal, after public notice and due notice to the parties in interest, and decide the same within fifteen (15) days.  Any party may appear at the hearing in person, by agent, or by attorney.

PART 20 - CITY PLANNING AND ZONING COMMISSION ACTING AS BOARD OF ADJUSTMENT--POWERS AND DUTIES

Chapter 20.01  Ordinance Administration

20.0101   Administrative Review.  The city planning and zoning commission shall have the power to hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation relating to the location or soundness of structures or to interpret any map.

20.0102   Special Exceptions; Conditions Governing Applications; Procedure.  The city planning and zoning commission shall have power to hear and decide, in accordance with the provisions of this ordinance, requests for special exceptions or for decisions upon other special questions upon which the city planning and zoning commission is authorized by this ordinance to pass; to decide such questions as are involved in determining whether special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance.  A special exception shall not be granted by the city planning and zoning commission unless and until:

1.   A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested.

2.   Notice shall be given at least fifteen (15) days in advance of public hearing.  The owner of the property for which special exception is sought or his agent and all adjacent property owners shall be notified by mail.  Notice of such hearing shall be posted on the property for which special exception is sought, at City Hall, and in one (1) other public place at least fifteen (15) days prior to the public hearing.

3.   The public hearing shall be held.  Any party may  appear in person, or by agent or attorney.

4.   The city planning and zoning commission shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

5.   Before any special exception shall be issued, the city planning and zoning commission shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:
a.   Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
b.   Off-street parking and loading areas where required, with particular attention to the items in a. above and the economic, noise, glare, or other effects of the special exception on adjoining properties and properties generally in the district;
c.   Refuse and service areas, with particular reference to the items in a. and b. above;
d.   Utilities, with reference to locations, availability, and compatibility;
e.   Screening and buffering with reference to type, dimensions, and character;
f.   Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
g.   Required yards and other open space; and
h.   General compatibility with adjacent properties and other property in the district.

6.   After the city planning and zoning commission has granted a special exception, the property owner shall have six (6) months to complete all provisions of the special exception or it shall be void without further consideration but after notice to the applicant.

20.0103   Variances, Conditions governing applications; Procedures.  The city planning and zoning commission shall have the power, where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this ordinance, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation under this ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardships, as such relief may be granted without substantially impairing the intent and purpose of this ordinance.

1.   No such variance shall be authorized by the commission unless it finds that the strict application of the ordinance would produce undue hardship; such hardship is not shared generally by other properties in the same zoning district and the same vicinity; the authorization of such variance will not be of substantial detriment to adjacent property; and the character of the district will not be changed by the granting of the variance; and the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, and caprice.

2.   No variance shall be authorized unless the commission finds that the conditions or situation of the property concerned or the intended use of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general  regulation to be adopted as an amendment to this ordinance.

3.   A variance from the terms of this ordinance shall not be granted by the city planning and zoning commission unless and until a written application for a variance is submitted demonstrating that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; that the special conditions and circumstances do not result from the action of the applicant; that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

4.   No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

5.   Notice of public hearing shall be given as in Section 19.0202; the public hearing shall be held. Any party may appear in person, or by agent or by attorney; the city planning and zoning commission shall make findings that the requirements of this section have been met by the applicant for a variance; the commission shall further make a  finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; the commission shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

6.   In granting any variance, the city planning and zoning commission may prescribe appropriate conditions and safeguards in conformity with this ordinance.  Violation of such conditions and safeguards, when made a part of terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 23.0102 of this ordinance.

7.   Under no circumstances shall the city planning and zoning commission grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

8.   After the city planning and zoning commission has granted any variance, the property owner has have six (6) months to complete all provisions of the variance or it shall be void without further consideration but after notice to the applicant.

20.0104   City Planning and Zoning Commission has Powers of Zoning Administrator on Appeals; Reversing Decision of Zoning Administrator.  In exercising the above-mentioned power, the city planning and zoning commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination appeal as ought to be made, and to that end shall have all the powers of the city zoning administrator from whom the appeal is taken.  The concurring vote of the majority of the membership of the planning and zoning commission shall be necessary to reverse any order, requirement, decision, or determination of any such administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variation in this ordinance.

PART 21 - APPEALS

Chapter 21.01  Appeal Procedure

21.0101   Duties of Zoning Administrator, City Planning and Zoning Commission/Board of Zoning Adjustment, and City Council on Matter of Appeal.  It is the intent of this ordinance that all questions of interpretation and enforcement shall be presented first to the city zoning administrator.  Such questions may be deferred by the zoning administrator for consideration by the city planning and zoning commission/board of adjustment or heard by the city planning and zoning commission/board of adjustment in appeal from the decisions of the zoning administrator.  Recourse from the decisions of the city planning and zoning commission/board of  adjustment shall be to the city council. The procedure for deciding such questions shall be as stated in this section and ordinance.  Under this ordinance, the city council shall have the duties:
(1) of considering and adopting or rejecting proposed amendments or the repeal of this ordinance as provided by law;
(2) of establishing a schedule of fees and charges as stated in Title 21.

21.0102   Stay of Proceedings.  An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the city planning and zoning commission/board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the city planning and zoning commission/board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

21.0103   Appeals From the City Planning and Zoning Commission/Board of Adjustment; Procedure of Appeals. Any person or persons, or any board, taxpayer, department, or board of the city, aggrieved by any decision of the city planning and zoning commission/board of adjustment, may seek review by the city council by filing a written notice of review with the city finance officer within thirty (30) days of the date of the written decision by the city planning and zoning commission/board of adjustment.  The city council shall hold a public hearing after written notice to all interested parties, which hearing shall be de novo following the rules of civil procedure, within thirty (30) days of the filing date of the notice of appeal, unless an interested party seeks a continuance which is granted. The city council shall render its written decision, with findings of facts and conclusions of law, within thirty (30) days after the hearing is held.  The decision of the city council may be appealed to a court of record in the manner provided by the laws of the State of South Dakota under the Administrative Procedures Act (SDCL 1 - 26).

PART 22 - SCHEDULE OF FEES, CHARGES, AND EXPENSES

Chapter 22.01  Fees, Charges, and Expenses

22.0101   Schedule of Fees, Charges, and Expenses.  The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this ordinance.  The schedule of fees shall be posted in the office of the finance officer/zoning administrator and may be altered or amended only by the city council.  Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.  Any fees received shall go into the City of Groton general fund.

PART 23 - AMENDMENTS

Chapter 23.01  Amendments

23.0101   Amendments.  The provisions set forth in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by recommendation of the city planning commission on its own motion; or when such amendment, supplement, change, modification, or repeal is requested through a petition of not less than sixty percent (60%) of the landowners in the aggregate area requesting change.  An individual landowner may also petition the city council to change the zoning of all or any part of his property.  Upon filing the motion or petition or upon separate request, the city planning commission shall hold a public hearing not less than ten (10) days after notice is published in the official city newspaper and subject to the provision of SDCL 11-4-8 and 11-4-9.  Such petitioning landowners shall also notify all other adjacent landowners by certified mail of the petitioned zoning change at least one (1) week prior to any public hearing held thereon by the city planning commission. The city planning commission shall within thirty (30) days of the hearing make its recommendation to the city council.  The report of such recommendations shall include approval, disapproval, or other suggestions and the reasons therefore, and a discussion of the effect on such amendment, supplement, change, modification upon adjacent property and upon the comprehensive plan. The city council shall therefore, by duly enacted ordinance, either adopt or reject such amendment, supplement, change, modification or repeal; and if it is adopted by the city council after proper notice, the same shall be published in the official newspaper in the city and take effect on the twentieth (20th) day after its publication.

PART 24 - VIOLATIONS, COMPLAINTS,
PENALTIES, AND REMEDIES

Chapter 24.01 Violations, Complaints, Penalties, and Remedies.

24.0101   Building Permit, Variance, and Special Exception Late Fees.  Any person, firm, or corporation in violation of Part 18, Chapter 18.0103 shall be assessed a late fee of $100.00.  The zoning administrator may also take enforcement measures as given in Section 18.0102. Payment of all fees shall be made in the office of the city finance officer within ten (10) days after the person, firm, or corporation in violation of the above ordinance has been notified by certified letter.  If payment of the fee is not received at the end of the ten (10) day period, the city attorney shall have the power to prosecute, pursuant to SDCL 9-14-22 and 11-4-7.  Any fees collected shall be deposited in the city's general fund.

24.0102   Violation of Ordinance.  It is declared unlawful for any person, firm, or corporation to violate any of the terms or provisions of this ordinance, except as otherwise specified in Section 17.0103. Violation thereof shall be a misdemeanor and may be punishable by a fine of up to five hundred dollars ($500) for each and every day that any violator fails to comply with the provisions of this ordinance.  The zoning administrator may also take enforcement measures as given in Chapter 18.0102.  The city attorney shall have the power to prosecute, pursuant to SDCl 9-14-22 and 11-4-7.  All fines for violations shall be paid to the city and shall be credited to the city's general fund.

PART 25 - LEGAL STATUS PROVISIONS

Chapter 25.01  Legal Status Provisions

25.0101   Separability.  Should any article, section, or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

25.0102   Purpose of Catch Heads.  The catch heads appearing in connection with the foregoing sections are inserted simply for convenience to serve the purpose of any  index; and they shall be wholly disregarded by any person, officer, court, or other tribunal in construing the terms and provisions of this ordinance.

25.0103   Repeal of Conflicting Ordinance.  All ordinances or parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect.

25.0104   Effective Date.  This ordinance shall take effect and be in force from and after its passage and publication according to the law.

APPENDIX A- MOBILE HOME STANDARDS

The following standards for mobile home tiedowns have taken into account possibilities and practicalities of providing protection from high winds for mobile homes.  The standards may be used in conjunction with the ideas and concepts presented in TR-75, Protecting Mobile Homes from High Winds, prepared by the Defense Civil Preparedness Agency, Washington, D.C.
Mobile Homes require two types of anchorage:  (1) over-the-top tie-downs to restrict overturning and (2) frame ties to prevent the mobile home from being pushed from its piers.  The standards apply to single mobile homes up to 14 feet in width.  "Double- wides" do not require over-the-top ties, but they require the same number of frame ties.
Mobile Home Piers and Footings.  All mobile homes shall meet the following minimum requirements for mobile home piers and footings:
1.   The ground on which the mobile home is placed will support a minimum of 2,500 pounds per square foot;

2.   All piers shall be placed on footings of solid concrete with minimum dimensions of 16" x 16" x 4";

3.   Piers shall be constructed of standard 8" x 8" x 16" hollow concrete blocks;

4.   Piers shall be topped with solid concrete caps 8" x 16";

5.   Treated wood shims shall be driven tight between the cap and the main frame to provide uniform bearing. These shims shall be impervious to salt air and to rot. They shall taper from 0" to 3/4" in thickness and shall be wide enough to provide bearing over the concrete cap;

6.   Other types of piers and foundations of equivalent permanence and weight bearing ability may be approved. Jacks or heavy metal adjustable columns, anchored to both frame and foundations, may be used.

7.   Piers shall be centered under each main frame (or chassis) member, with a maximum spacing of ten feet (10') on centers.  The end piers shall be no farther than five feet (5') in from the ends of the mobile homes.

The mobile home tiedowns will also have to meet the following criteria:

1.   Over-the-top tiedowns shall be positioned at stud and rafter locations near each end of the mobile home. Others, as needed, may be positioned between them.

2.   Either steel cable or steel strapping can be used for ties.  All ties shall be fastened to ground anchors, as described in Section 3, below, and drawn tight with galvanized turnbuckles or yoke-type fasteners and tensioning devices.  Turnbuckles shall be ended with jaws or forged or welded eyes.  Turnbuckles with hook ends will not be permitted.

3.   All cable ends shall be secured with at least two u-bolt-type cable clamps or other fastening device as approved by the enforcing officials.

4.   Cables used for tiedowns shall be either galvanized steel or stainless steel having a breaking strength greater than 4,800 pounds.  Cable shall be either 7/32" diameter or greater (7 x 19) aircraft cable.

5.   When flat steel straps are used for tiedowns, they must be in accordance with Federal Specification QQ-S-781; that is 1 1/4" x .035", Type 1, Class B, Grade 1, with a breaking strength of at least 4,750 pounds.

6.   Steel straps used for ties must terminate with D-rings, bolts, or other fastening devices which will not cause distortion of the band or reduce its breaking strength.

7.   Sharp edges of the mobile home that would tend to cut the cable or strap must be protected by a suitable device to prevent cutting when the mobile home is buffeted by the wind.  Likewise, special adapters must be installed to prevent the cable or strap from knifing through the mobile home.

8.   Connection of the cable frame to the I-beam (or other shape) main structural-frame member should be by a 5/8" drop-forged closed eye bolted through a hole drilled in the center of the I-beam web.  A washer, or equivalent, should be used so that the beam is sufficiently reinforced around the hole.  If steel strap ties are used, care should be exercised to insure that minimum bending radius is adhered to so that the breaking strength of the strap is not reduced.

9.   Frame ties should connect the anchor and the steel I-beam (or other shape) main structural frame member which runs lengthwise under the mobile home.  Frame ties CAN'T BE CONNECTED to any of the steel outrigger beams which fasten to and intersect the main I-beam at right angles.  The outriggers do not have adequate strength to resist the frame-tie loadings during high winds.

APPENDIX  B- INDUSTRIAL PERFORMANCE STANDARDS

1.  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.

2.  Fire Hazard.  No operation shall involve the use of highly flammable gases, acid, liquids, grinding processes or other inherent fire hazard.  This provision shall not be construed to
prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with other county ordinances.

3.  Noise.  No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume.  Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges.  All noises shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.

4.  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, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

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

Particular 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) grains per cubic foot as corrected to a
temperature of five hundred (500) degrees Fahrenheit, except for a period of four (4) minutes in any one-half (1/2) hour, at which time it may equal but not exceed six-tenth (.6) 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 sources whatsoever such quantities of air contaminates   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 to the public in general or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

6.  Odor.  The emissions of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited.  Observations of odor shall be made at the property line of the establishment causing the odor.  As a guide to classification of odor, it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this ordinance.

7.  Gases.  The gases sulphur dioxide and hydrogen sulphide shall not exceed five (5) parts per million.  All nitrous fumes shall not exceed one (1) part per million.  Measurements shall be taken at the property line of a particular establishment involved.

8.  Vibration.  All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three thousands (3/1,000) of an inch measured at the property line. The use of steam or broad hammers shall not be permitted in this district.

9.  Glare and Heat.  All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the property lines.  No heat from furnaces or processing
equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five (5) degrees Fahrenheit.

APPENDIX C- BUILDING PERMIT

APPENDIX  D- APPLICATION FOR VARIANCE FROM ZONING ORDINANCE

APPENDIX  E- APPLICATION FOR SPECIAL EXCEPTION FROM ZONING ORDINANCE

APPENDIX  F- NOTIFICATION OF APPLICATION FOR SPECIAL EXCEPTION

APPENDIX G- NOTICE OF APPEAL