TITLE 1
ZONING
ARTICLE 1
SHORT TITLE
SECTION 101 - Short Title.
This ordinance may be known and may be cited and referred to as "the Zoning Ordinances for Beadle County, South Dakota," to the same effect as if the full titles were stated.
ARTICLE 2
JURISDICTION
SECTION 201 - Jurisdiction.
The provisions of this Ordinance shall apply within the unincorporated areas of Beadle County, as well as the incorporated communities of Huron, Wolsey, Yale, Cavour and Hitchcock, Broadland, Iroquois, Virgil, and Wessington, South Dakota, as established on the map entitled "The Official Zoning Map of Beadle County, South Dakota."
The planning and zoning of the following area shall be controlled jointly by the city and county planning commissions and governing boards in the manner described in this chapter. The area of joint control lying outside the municipal boundaries consists of Sections No. 17, 18, 19, 20, SW ¼ of 21, S ½ of 27, 28, 29 and 30, 31, 32, 33 and 34 in Valley Township, Sections No. N ½ of 3, NW ¼ of 4, 8, S ½ of 9, E ½ of 10, SW ¼ 0f 10, 16, 17, S1/2 of 18, NE ¼ of 18, 19, 20, NW ¼ of 21, NW ¼ of 29, 30 and NW ¼ of 31 in Custer Township, Sections No. 3, 4, NE ¼ of 5, N 1/2 and SE ¼ of 9, 10, 11, 14, 15, E ½ of 16, 22, 23, 24, 25, 26, N ½ of 27, SE ¼ of 27 and the NE ¼ of 36 in Clyde Township, Sections No. 13, E ½ of 14, SW ¼ of 14, SE ¼ of 15, SE ¼ of 21, 22, 23, 24, NW ¼ of 25, 26, 27, E ½ of 28, SW ¼ of 28, E ½ of 32, 33, 34, N ½ of 35, and W ½ of 36 in Theresa Township, all within Beadle County. (Ord. 1251 (part), 1976: Ord. 985 (part), 1971).
SECTION 202 - Provisions of the Ordinance Declared to be Minimum Requirements.
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. When a provision of any federal or state law is greater in requirements than these ordinances, then that law will govern.
ARTICLE 3
OFFICIAL ZONING MAP AND BOUNDARY INTERPRETATION
SECTION 301 - General.
The County is hereby divided in to 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.
SECTION 302 - 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 promptly after the amendment has been approved by the Board of County Commissioners with an entry on the Official Zoning map. The minutes of the Board of Commissioners Meeting and the Planning Commission meeting must reflect the DATE, CHANGES MADE, and DESCRIPTION OF THOSE CHANGES.
No amendment to the 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.
Any unauthorized change to the Official Zoning Map made by any person or persons shall be considered a violation of this Ordinance and punishable as provided under Section 31.
The Official Zoning Ordinance shall be located in the Director of Equalization office in the Beadle County Courthouse. The official zoning ordinance and map shall be the final authority as the current zoning status of land within the legal boundaries of Beadle County.
SECTION 303 - Zoning Map Replacement.
In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of County Commissioners may, by resolutions, adopt a new/updated Zoning Map that will supersede the prior Official Zoning Map. The new official map shall be identified by the signature of the Chairperson of the Board of County Commissioners, attested by the County Auditor, and bearing the seal of the County 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 Old Map) as part of Resolution #____ of Beadle County, South Dakota".
SECTION 304 - Rules for Interpretation of District Boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
1. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following City limits shall be construed as following such limits;
4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
5. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following center line of streams, river, canals, lakes, or other bodies of water shall be construed to follow such center lines;
6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;
7. Where physical or cultural features existing on the ground are at variances with those shown on the Official Zoning Map or in other circumstances not covered by subsections 1 through 6 above, the County Planning and Zoning Commission shall interpret the district boundaries; and
8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the County Planning Commission may permit, as a conditional use, the extension of the regulation for either a portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.
ARTICLE 4
APPLICATION OF DISTRICT REGULATIONS
SECTION 401 – General.
The regulations set for this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
SECTION 402 - Zoning Applications.
No building, structure, or land shall hereafter be used or occupied; and no building or structure or part thereof shall hereafter 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.
SECTION 403 - Performance Standards.
No building or other structure shall hereafter be erected or altered than herein required; or in any other manner contrary to the provisions of the Ordinance:
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; and
4. to have narrower or smaller rear yards, front yards, side yards, or other open spaces;
SECTION 404 - 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 in the 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.
SECTION 405 - Yard and Lot Reduction Prohibited.
No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.
SECTION 406 - Unclassified or Unspecified Uses.
Unclassified or unspecified uses may be permitted throughout zoning ordinance provisions by the Board of County Commissioners acting as the Board of Zoning Adjustment after the Planning Commission has reviewed and made recommendations provided that such uses are similar in character to the principle uses permitted in the district.
ARTICLE 5
ESTABLISHMENT OF DISTRICTS
SECTION 501 - Districts Established.
For the purposes of this Ordinance, these types of districts by which the jurisdictional area defined in ARTICLE 2 shall be divided:
1. Agricultural Fringe Protection District (AGFP)
2. Agricultural District
3. Large Lot Residential District (R-O) (Joint Jurisdiction)
4. Residential District (R-1) (Joint Jurisdiction)
5. Rural Municipality Residential District (R-2)
6. Lake Front Residential District (R-3)
7. Urban/rural Residential District (R-7) (Joint Jurisdiction) (Morningside)
8. Commercial District (C)
9. Highway Commercial District (HC)
10. Limited Business (B1)
11. General Business Zone (B-3)
12. Industrial District (City I-2) (Joint Jurisdiction)
13. Rural Municipality Industrial District (I-3)
14. Limited Highway Commercial (B-4) (Joint Jurisdiction)
15. Heavy Highway Commercial (B-5) (Joint Jurisdiction)
16. Supplementary District Regulations
17. Non Conforming
18. Special Provisions
19. Administartion and Enforcement
20. County Planning and Zoning Commission
21. County Planning and Zoning Commission Power and Duties
22. Appeals
23. Schedule of Fees
24. Amendments
25. Violations and Complaints
26. Legal Status Provisions
27. Zoning Definitions
ARTICLE 6
AGRICULTURAL FRINGE PROTECTION DISTRICT (AGFP)
SECTION 601 - Statement of Intent.
The intent of the Agricultural fringe Protection AGFP District is to protect agriculturally zoned land one mile from a community city limits from premature development that would inhibit orderly growth and development within the fringe area while maintaining normal agricultural undertakings.
The AGFP District covers the unincorporated portions of the county within the joint jurisdictional area which is zoned agricultural at the time this chapter is adopted or updated. The intent of this district are to maintain, preserve, and enhance agricultural and open-space lands; to support commercial agriculture as an important permanent land use and a significant contributor to the diverse economy of the county; to protect areas of farm use from conflicting nonfarm uses and influences; to control nonfarm growth ensuring compatible land uses adjacent to agricultural lands; and, to maintain and improve the quality of air, water and land resources of the county for the benefit of future generations.
SECTION 602 - Permitted Uses and Structures.
The following uses and structures shall be permitted in AGFP District:
1. Any form of agriculture including the raising of crop, horticulture, animal husbandry and kennels;
2. Dwellings and their normal accessory buildings, including mobile homes;
3. Railroad track right-of-way;
4. Roadside product stands in conjunction with a bona fide farm operation on the premises;
5. Hobby farms; and
6. All utility systems necessary to service the district.
SECTION 603 - Permitted Accessory Uses and Structures.
The following accessory uses and structures shall be permitted in the AGFP District:
1. Accessory structures commonly associated with farms and all incidental dwelling related uses and structures such as car garages and recreational courts.
SECTION 604 - Conditional Uses.
After notice and appropriate safeguards, the Joint Planning Commission may recommend to the County Commission to permit the following conditional uses in the AGFP District.
1. Fairgrounds, racetracks, and amusement parks;
2. Utility substations;
3. Airports (public) and private plane landing strips;
4. Cemeteries
5. Home occupations
6. Golf courses, country clubs, and golf-driving ranges;
7. Amphitheaters, stadiums, drive-in movies, arenas, and field houses;
8. Go-cart tracks, riding stables, playfields, bowling alleys, swimming pools, automobile parking;
9. Farm equipment sales;
10. Public parks, public recreational areas;
11. Churches and schools;
12. Operation and maintenance terminals for trucks and other equipment; and
13. Greenhouses.
SECTION 605 – Determination of Uses and Structures.
The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of large lot residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the County Planning Commission (sitting as the Zoning Board of Adjustment) that this request is the type of use allowed in the large lot residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.
SECTION 606 – Minimum / Maximum Requirements:
1. Front yard and side yard setbacks adjacent to a road right-of-way shall be not less than seventy-five (75) feet.
2. Side yard setback not adjacent to a public road shall be at least twenty (20) feet.
3. Minimum Lot Size. The minimum lot size shall be five (5) acres.
4. Minimum Lot Frontage. There shall be a frontage of not less than three hundred (300) feet.
5. All lots with front on a right-of-way dedicated to public use or have an ingress/egress easement for access.
6. All lots within this district shall be platted.
7. The maximum residential dwelling density shall be four (4) residences per quarter section, except where more than one residence is necessary for persons employed on a farm, and then additional dwellings may be allowed by conditional use. Exceptions may be considered through the variance process.
SECTION 607 – Minimum Shelterbelt Setback.
Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred twenty five (125) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.
SECTION 608 – Protection of Natural Waterways.
No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any building or construction be permitted within the flood-prone area of the James River. Flood Hazard Boundary Maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager’s Office and at the City Planning and Inspection Office.