HomeMy WebLinkAboutOrdinance 14-1980 � _ �
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ORD I NAPJCE NO, 14-80
ADOPTED JU�JE 24, 1980 •
BROOKIt�GS CITY & COUNTY
ZONING ORDINAf�CE OF THE JOINT
JURISDICTIO��AL AREA SURROUNDING
THE CITY OF BROOKINGS, SOUTH DAKOTA
1980
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� ZONING OItDINANCE OF THE JDINT JURISDZCTIONAL AREB
�• SURBUUNDING �
THE CITY OP BROOKINGS, SOOTH DAKOTII - 79t30
Art. I. Title and Authority . " � . '
Art. II_ Definitions - - � . - .
Art. IIZ_ Establishment of Districts and Boundar�ies;;-`�r:�,:-:: � .. .
art. Iv. Agricultural, Residential an� Flood Plain Districts >, _ , .
Art. Y_ Business Districts� .�.' .. - r . .. � �. :�,. >. �y'- . . . .
Art. VI.. Zndustrial Districts _ .= _ . . f ; ��t f ;.� �. . - . -
Art. �II. Supplementary Regulations , - � e-�.y =;-;��.�:�� r� _ � _
Art. YIIIo General Provisions and F.nforcement . '�=�"�-'`''' ' . �
Art_ IZ. Admi�istration � - " . � - , x�� . .
Art_ 7C_ Euactment .Date . . . - - � _ _
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Article I. TITLE AHD ADTHO&ITY � - �.
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Section 100_ Title.�-,�, �:�� Y - �>- ..::- : :. � -: =_ _ ,Y . _ . . -
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AN ORDINANCE TITLED T8E ZONING OkDINAbCE OF THE �JOINT. JUBISDICTION �xEA __
SU�aOIIND�ING� THE CITY OP BEOORI�iGS, 'SOUTH DAF.OTA-�9$0; to}regulate and restrict
the location and density of buildings or other structnres�in the use .of land,
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for the purpose of protectiug fhe. public health, safety�,a,nd��'general v�lfare pur-
suant to the a��hority of chapter ;� 1=6 of the SDCb ..�y67::as ame�ded. ,. ; , � � �
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Section 710_ Short �itle. _ ,f�S . ;...::;w. r. - . - j, `
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This or3inance shall be knoxn and may be cited ~and .reterred _to as the
Brookinqs Joint 3urisaiction Ordinance, 7980, to the same effect as if the '
full title vere. stated. The map herein refer=ed to,� identified by the title
•Joint Jurisdiction Zoninq nap; Brookings, Sontb Dakota, ' dated H.arch 7, ]y80,
as revised and all explanatory matter thereon are hereby adogted and made a
part of this ordinance. -_ _ ; _ < :. � � , �
Section 7 75. Joint�Jurisdiction Zoninq Area_•: _ The planning and ,yon�i.nq ot the .
folloxiug area shall be governea by this joint ordinance_, The area of �oint -
c�ontrol shall consist of all of the sections or portions of sections lyiug
oatside the municipai bouudaries of the City of Brookings; as folioxs:
Aft'on ToWnship: SA '!/4 of, 39t _ _ _ - _
• �urora Township: � SA . 7/u of 4, _ S 1/2 of 5, S. �j2 and .N�i. 1/4 of 5, 7, .8,
. S ]/2 �nd 1dR �_3/4 ot 9� S�. 1/4 of, )O, ,W� 7/2, of . 75�-;�;i5, � i7, �8. : _ . -
� • .E 1/2 .�of 79, 20, 2'f,:: _ , _ : ... - . •-. • -�� �..,:-> .
� ft 1/2 of 22, NA �/4 of 27, NE �/4 and N 1/2_ of �28,� 29, E i/2, of 30,
E •i/2 of 37, 32, H 3/2 of 33_ . � �� `
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Trenton To�nship: W 1�2 �of _�4, 5; 5, 7, �i. 7/2 and NE r.9/u_�of. 8,� NY 7/4 of y, :
N '!/2 of i 8, N p 7/u of i7_ ,`�; ;F�,r ,- -
� t3edarp Township: ; 7,. 2,. 3, 4, SE 1/4 aud ,N i/2.:�of;,3,:,:HB,��.1/4 of� 6, .
NE 1/4 of 8, � B �/2 and 5B 7/4 of 9, 10, .��; i2�:.H. 1/2 of 13,
H 7 2 of �4 B 7 2 of 'I5 NE '1 4 of 16. ., F} _.� ��=.. -
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Brookings Tovnship: ) , -2, E 'I/2 and Sp '1/4 of _3, S,_i/2 .Qf �, SE 7/4 of 5,
SE i/i of 7, Sii 7/u and B 1/2 of 8, 9, 70, 11, . �72, i3, N 7/2 and.
_ SH 7/4 of 74, 75, - . . -:i�::=: ..�:z -
16, 17, B )/2 of 18,, E �/2 of 19, 20. 27•._,ii .-�/2, of 22, K .7/2 of 27, ..
28, 29, E 7/2 of 30, E �/2 of 3�, 32, 33, 3+�, S _7%2 of 35. _.:
Sterling Toynship_._ SE �/�3 of 34� S �/2 �f 35,� 5 7j2� of 3b. - _ _ _
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The zoniay r�yulations and districts herein set forth are made in �;,;• �
accordance with a comyrehensive plan for the qeneral welfare �of the arel
surrouiiding the community- T1�ey are designed to les�en congestion it� the
streets; secure safety from tire, panic and other dangers; promote health,
morals and the general .welfare; provide adeyuate liqht and air; prevent the •
overcrowding of land oL buildings and avoid vndue concentration of population .
while also avoiding sporadic development of existinq agricultural land.
They are made xith reasonable consideration, amt�n� �ther thinqs, to the char- - ..
acter of each district and its peculiar suitability for particular uses, and
with a viex of conserving � the value of property and encouraqing the most . • ,
appropriate use of land throughout the area surroundinq the City of Brookinqs_
Article II. DEFI:JITIONS. � •
5ection 200_ �Tord definitions. �
Far the purpose of interpreting this ordinance, certain vords, terms and
expressions are herein defined_ fdotds used in the preseut, tense shai� include
the fnture_ The singular number shall include the plurai and the plural, the
singular_ The word 'shall' is mandatorp. �"- - '- . - -_
. i Access.ory building_ . a detached subordinate building, the �use of xhich
is customarily incidental to that ot the main buildinq or to the maia use iof the
land and �rhich 'is located on the same lot �ith the main building� or - use_ �Such .
a building does not include auelling units or living guarters. _:
. 2 Accessory useo� A use subordinate to the main use ot lan3 or a
building on a lot and customarily incid2ntal thec�to� ��� ° -
_ 3 Alley. Minor vays �hich are use8 primarily f or vehicular service �
access to the back side of properties othervise abutting on a sLreete
_ 4 Alterations, �strnctnral_ �ny change in the load-bearinq a�embers of a �
building, such as bearing Walls, partitions, coiumns, beams or qirders_ The
enlargement of the size �r . height of a buildinq sha11 bQ construed t� be a
structural alteration. : . � �' � � � �-' " = ' .:
_5 Apartnent and toxnhouse. A room or suite of rooms �ith : _-
toilet and culinary accommadations used or desiqned for use as a residence by
a f amily or any tyo (2) or �ore people located in a =building �on tainiag t hree
(3) or more such rooms or snites ar located in a building aevoted primarily to
non resideutial use_� . • ' . '� �
.6 Auto laundry. A bnilding or portion thereof, �here a�tomobiles are�.
vashed commercially, or egnipwent is rented for the sa�e purpose.
.7 Antomobile �sales roo�_ A building or portion � thereof, xhere auto�obiles
and vehicles are sold by a francbised deal�r either xith :or xithout storaqe,
parts sales and repair facilites providinq all such repair activities are _
enclosed Yithiu a structure. - - �
_8 Basement_ � story having part, but not more than one-half . ('!/2j of its
height above grade_ A basement is coanted as a story for the yurpose of height
regulation if subdivided and used for d�:elling purposes other than by a janitor
employed on the premises. • ` '
_9 Boardinghouse. � building or }�lace, other than a fraternity or sorority •'
house, �here lodging andjor boarding is vrovided �by prearrangement f or definite
periods of time for. com�=ensation for three (3) or" more persons, no more than
eight (8) Fersons and is not open to transient guests.
_ 1� Building. Any enclosed space for human use or activities, whether
stationary or moveable_ �hen any portion of a building is com�letelp separated �
from any otLer portion thereot by a division �rall yithout openings or by a fire
vall, then each such portion shall �e dee��d to be a separate building.
a- Principal building_ _ A building, incl.uding covered porches, carports and
attached qarag es, in Which is conducted the principal use of the lot
on Yhich it is situated. In any residence district the aain dxeliiag �
shall be deemed to be the principal buildinq on the lot on vLich the
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same is si�tuated_
b. Uiiit yroup of buildings: A unit group ot buildinqs shall be defined
as Luildii�ys or similar use, character aud/or architecture. In any
district containiny a unit group of buildings, . each principal buildinq
�r�ill be reguired to have adec�uate lot space to meet the reguirements
of a single building on a single lot. ' - -
. i7 Building, height of. The vertical 3istance �measured from the average �
elevation of the proposed f inished grade at the fcont of the buildinq to the
1►ighest point of the roof for flat roofs, to the deck line of mansard roofs, and
to the mean height betk�een eaves and ridge for gable, hip and qambrel roofs_ .
_ 72 Buildinq line. An inaginary line parallel to the tront lot line vhich
is a distance frora the froat 7_ot line equal to the depth of the front. yard
required for the district iu Which such lot is located. :- �.�_ - .
_ i3 Carport_ A form of private garage providing space for housing or .
storage 'of one or nore automobiles and enclosed on not more than t�o (2j sides
by xalls- �he dimensions deterimiug the overall size of the �carport shall be -
measured from th+e extrene edge of any part of the building.=; �_ � _: . _
_ 74 Center line. The true center line of a street Which has been f ully
dedicated to its reyuired �idth_ �here all of the required �idth of public • �
right-of-vay has not been dedicated or such public right-of-xay exists in a .
offset o� angular�'manr!er; � the zoning officer shall determine the aiignment of..- :
the centerline. � � ' =� -- , . F _ ' . � . - _ �_ .
e '�5 Cliiiic_ An establishment �here patients are not lodged overnight, -�but
are admitted for examination and treatment bp physicians or dentists practicing
medicine together. ' , . - . . -
_ 16 Club or Lodge_ A non-profit association, except �a sororitp or �frat-
ernity, xhich ovns, leases or hires a building, or portion_ thereor, f or ase
restricted to only dues-paying members and quests. �� It shall be permissible -
to serve food on sucb premises Froviding adegnate dining room aud kitchen .'
facilities are available and are operated in compiiance �ith the state and
local laxs. _ . _ . - -
_ �b 7 Condominium_ An estate in"� real property consisting of an -.nndivided
interest iu portions of a parcel of real property- toqether �ith a separate-
interest is space in a residential, industrial or comm�rcial building or
industrial and co�mercial building ou snch real �roperty, such as, �bnt not
� restricted to, an apartmeut, office ar store_ A condominium nay inclnde in
�ddition a separate� interest" in other po�tions_ of real :property. S uch estate
may, yith respect to the duration of i�s enjopment, be eitner an estate of
inheritance or perpetual estate, an estate for life, nr an estate for years_
_ 165 Day care facilities. A facility meeting state standards. far space
rec�uirement s in yhich t�relve ('!2) or more people not of the immediate . - _ ,
f amily are cared -for during ��arts of ' a day f or compensation_ ' . .. .
_ 17 Dwelling. A '.dxelling' is a building used exclusivelp for:permanent -:
residentiai occ�panp, o_r portion thereof, including one-family dvellings,
�altiple family dvellin gs, mobile homes on individual lots, but not including
a mobile home designed or, used primarily for residential occapancy in a mobile
home co�rt, motel, hote l, boarding, lodging or rooming_house, tents, cottage,
camps, or other structures designed or used pr.imarilp.,f or transient_ residents_ •
a. Dwelling,` single=fa�ily_ A 3etached bailding designed or used
exclusively for accupancy by o�e (�) family_ ; `� ` -_ . -- - '
b. Dxelling, txo-famiiy_ a building designed or used exclusively for
occupancy by tvo (2j fa�il3es. � � � � �
c. Dxelling, mniti-family, coc�dominium and toxnhouse. 8 buildinq or
- - portion thereof contai�inq three (3) or more dYellinq units_ .
d_ Duelling unit- � � d�elling unit' cvnsists of one (�) or more rooms
in a dxelling xhich are arranged, designed, used of intended for use
as living �uarters for one (1j fanily: This includ�s a permanent
• kitchen and bathroom facilities. � ' ' -= - • � - -- -- - -•�--. '
_78 Familp or household. One t1j or more persons related by blood,
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marriage ur adoption occupying a dxelling unit as au individual housek�eping .
entity; and as such may include no more than tko (2j other persons not tclated
by blood, marriaye or adoytion. -
_ '19 Farm. An area xt,ich is used foc the groying o� the usual farm
products, such as vegetables, frnit, trees ar�d qrain, and� their storage on the
area, as ae 11 as for the raising, feedinq or breediug thereon ot the usual f arm
��oultrp and farm animals, such as horses, cattle, sheep and svine. The tero
� farming� includes the operation of such an area for one or more uses, includinq
dairy farms vith the � necessary uses for treating or storing the produce; . .
provi�ed, hoxever, that the operation of such accessory uses shall be secondary
to that of the nnrmal farming activities, and yrovided turther, that farminq
does not include �large-scale commercial feeding of livestock_ " ` .
_ 20 Peedlot- A com�aercial venture under corporate partnership, or - _
individual oynersh�p, .involving the assemblage of livestock for .the express �
purpose of ptepara�ion for market in the least time possible,� and typified by ._ -
rapid turnover of livestock; the absence ot d�elling unit or structure for .
housing livestock, and association �ith other uses normaily occurinq on a farm. .�
_21 Floor area_ T�ie total na�ber of sguare feet of tloor space as ' -
determined by the oatside dimensions of the building, not includinq space in- . ,-.
basemeuts; ho�ever, if the basement is used f or business or commercial purposes,
it shall be counted as flaor area in computing off-street parkinq requir ments_ :
_ 22 Fraternity or sorority. A building, other than a botel that is��` :-' : -:
arranged, inten3ed or desiyned to be occuyied as a residence for a group ;�f more
than f ive {Sj members, there residing, and having a charter grauted by . the. State
of Sonth Dakota_ ' �
.23 Garage, private. An enclosed space for the storage of one (7) or'.�more �
motor vehicles,- provided that no business, occupation or service is condu.�ted .
for prof it the�ein nor space there for more than txo {2� licensed cars is
ren ted to a nonresident of the premises. � . ,
_2u Garaqe, repair- �ny garaye other than a private garage, available to
the public, operated f or gain, and �hich is used f or storage, repair, greasing, ,
washing, servicing, parts sales and adjnsting or equippinq of automobiles or
other motori zed eyuipment_ - � . �
_25 Service stations. Any area of land, iucluding structures thereo�i, that
is used or designed the be nsed primarily for the supply of yasoline or oii or
ather fuel for the propulsion of motor vehicles and uhich may include fac�ities`
Used or designed to.. be used for polishing, greasing, vashing, . dry cleanin� or
otherxise cleaniny or servicing such motor vehicles._ :;�
_26 Grade. The average level of the:finished surface ot the ground adjacent
to the exterior valls of . the buildiag, except xhen .:any wall approximately �
parallels ard is not �ore than five (5) - feet, from a street line, then the "
elevatiaa of t?�e street at the center of .the �all adjoining the street shall _
be at grade. � . :' .. . . -
_27 Home oceupation_ An occupation or a protess ion Which: - �
a. Is customarily carried on in a ��aelling unit or ia a buildi.ng or other
structure accessory to a dwelling unit, and -
b- Is carried on by a member of the family residing in the dvelling unit
tor residential purFoses, and_ - -
c_ Is clearly incidental and secondary to the use of the dwellinq unit
tor residential purposes, and �
d. iihich confor�s to the foiloving additional conditions:
1. The occupation or profession shall be carried on Wholly xithin
the principal building or vithin a building or other structure
accessory thereto-and shall not occupy more than fifty ,j50j per -
' 'cent of the floor area of one story; �
2_ Not more than one (1) person autside the family shall be employed
in the home occupation- _ � - .
3_ There shall be no exterior display, no exterior storag� of
� materiais and no other exterior indication of the home occupation
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� or variation from the residential character ot the yriucipal
vuilding, except as noted in s�ction 73U; '
4. No noise, vibratiou, s�oke, dust, odors, heat or glare shall be
produced which is detrimental to the residential character of the
zouing district in which it is located. .
.28 Hotel. A building occupied as the more oc less temporary abiding
place of individuals who are lodqed with or without meals, and in xhich there
are more than txenty-five (25j sleeping rooms usual.iy occupied independently.
. 29 Juukyard. An area of iand With or without buildings used f or or
occupied by a de�osit, collection, or the storaqe, outside of a cowpletely
� enclosed 5uilding, or used and/or discarded materials such as wastepaper, rags,
scrap metal, used building materials, house f urnishings, machinerp, vehicles,
or parts thereof, with or vithout the dismantling, �rocessing, salvag�, sale
or other use or disposition of the sa�e.
�30 Rennel- Any lct or premises on which four (u) or more do�estic
animals or pets at least four (4j mon'ths of age are harbored. . _ -
_ 3i Zot. A �iece, plot or parcel of land, or assemblage uf contiguous .
parcels of land, as established by survey, plat or deed, occupied or to„ be ;- .
occupied by a building, or a unit granp of buildings, and accessory buildinqs ,
. thereto, together with such vpe� spaces as are reguired under this ordinance, .
and havinq its .frontage on a dedicated public street.. �. �. • ,:
a. Lot, area_ The area of la�d ettclossd yith the bouudaries of tLe 1'ot_ .
b,. Zot, carner� I.ots conforminq to the reguirements of �the follo�inq. ;
specified conditions shall be considered as corner lots: � :
). A lot fronting on t�o (2j intersecting streets yhich for� an
interior angle of or.e hundred and thirty five {i35j degrees or
iess, and �hich lot has a frontage of not less than twenty-five
- ��5) feet on �each ot such streets.
2_ � lot located at the ar,gle in a street �here the interior a�nqle �
formed by the intersection of the street lines is one hundred and
th�rty-five (735) degrees or iess and �rhich lot has a frontage
of not less than tuenty-five (25) feet on each leg of such angle_
c. Lot iine. A boundary line of a loto
d. Lot line, f ront. Shall be that boundary of a lot Yhich is alonq an
existing or dedicated public street, or where no public street exists,
is along a public �ay- Cn a corner lot, the shorter street frontaqe
� shall be considered the .front lot line.
e_ Lot line, rear. Shall be that boundary of a lot Which is most distant
from an� is or is �sost nearly paralled to, the front lot iiiie.
f. iot line, side. Shall be any boundary of a lot xhich is not a front .
or a rear lot line_ �
g_ Lot, width of. 'T..ot rridth' shali be th� straiqht line distance betxeen
points an op�:osi�te side lat lines at t�e building line.
. 32 nobile �:ome. Any orcupied vehicle used or so constructed as to per�it
it being used as a conveyance on the pubiic streets and highways and duly
licensed as such, and shall inclade self-propelled �or nonse�t-propelled vehic.les
so Lesigned, constructed, reconstr�cted or added to by means of an enclosed
ad3ition ar room in such nanner as will permit the occupany thereof �as a`` •
dvelliug ar sleeping piace for one (1) or more persons_ �
a. i�obile ho�e park. Aug ��remises vhere four (4) or more �aobile homes
are parked for living or sleeping purposes, or any premises used or set
apart for supplying to the public parkinq space for f our (4) or more
mobile �homes f or livein� or sleepiug parpos�s, aBd vhich include any
buildings, structures, vehicles or enclosures used or intended for use
as a part of the eyuipment of such mobile horre park_ : .
_33 Motel, �otor covrt, motor lodge or tourist court. �ny building or
3roup of buildinqs containinq guest rooms or dxelling units, some or all of
xLich have a separate entrance leading directiy from the outside of the ,buildin9
�ith garage or rarking space convenientiy located on the lot, and desiq�ed,
(S� N�RR 2 0 1980
used or intended x�►olly or in part fur the accomo3ation of automobile � � ,
transien ts.
_34 Nonconforming use. Any buildiny or Iand laxfully occupied by a use at
the time of passaye of this ordivance or amendment thereto. vhich does not
conform after the passage of this ordinance or aaendment thereto, �ith the use
regulation of the district in �rhich it is situated.
_25 Nursinq homee A home for the aged or infirn, in xr►ich three (3j or
more persons not of the immediate family are received, ke pt or provided aith
faod and �shelter or care, for com�:ensation; but n�t includiny hos�itals,
clinics or similar institutions.
' .36 Parking space. An off-street space accessible and available f or the
parking o.f one (7) motor vehicle and having an area of not less than #.wo
t�undred (22j sqaare feet, to�ether with a driveway connecting the parkinq
space with a street, road or alley, and permittinq ingress and egress ot an
automobile_
,37 Publ.ic right-of-xay. ali streets, roadWays, sideWalks, alleys and
other areas reserved for �resent or fnture use by the public, as a matter of
right for the purpose of vehicular or pedestrian travel or utility installation_
_38 Siyn. Any structure or part thereof or dev.ice attached thereto or
. painted or represented thereon, which shall display or include any letter,
�ork, model, banner, tlag, per,naat, insiqnia, device or represeutation use.d as,
or �hict� is in the natnre of, an annouucement, direction or advertisement�,• The
word 'sign� includes the r�ord �billboard� , but does not include the f laq,f:
pennant or insignia or authentic reproduction tr.ereot of any nation, state,
city or other �oliticai unit, or of any political, educational, charita�le, �
philanthropic, civic, professional, religious ar like campaign, drive, moitgme.nt
of �vent.
. 39 Story- That portion of a buildinq, other thari a basement, inclu�ed
betxeen the surface of any floor and the surface of the floor next a�ove it, : or, :.
if there be no floor above it, the open space betveen the floor and the ce�ling ..
uex t abo ve it. ' . � ;� ,
_40 Street_ The traveled portion of a yublic right-of-vay xhich aftords
t��e principal meatis of access to abutting property. �
.�t1 Structare. Anythiug constructed or erected, r�hich re�uires loca ion
� .
on the ground or attached to something having a location ot► the groun„d, bu�� not
includiug fences or valls used as fences less thau six (6) feet in height,
poles, lines, cables or other transmission or distribution facilities of �ublic
utilities. '4�
. 42 Use, principal. The specitic purpose for x�ich .laud �or a buildinq
is designed, arranged, intE�nded, or f or vLich it is or may be occupied and .
maintained.
_43 Yard- The space on a lot extendin� alonq a lot line bet�reen such
' lot liue� and a principal buiidinq or buil�iings, or noi►building use occupying
such iot_ Yard �easurement shall be taken from the buiiding �all to the lot
line. •
a_ :ront yard_ A yard ex}endiug the f all �idth of the lot and situated
between the front lot line and tbe building line. The de�tw ot tront
yard shall be measured between the building liiie and the f r�nt lot �
line_ Covered porches and garages, whether e�closed or unenclosed,
shall be considered as part of the main huilding and shall uot project
into �.he required frout yard.
b. xeat yard. A yard extending the full ridth of the lot and sitvated
betveen the rear line of the principal buiidiny and the rear lot line_
Accessory buildings or nonbuildiny uses Way be located vithin the rear
yard only
c. Side yard. A yard situated betueen. the building and the side lot line
and exten3ing from thQ front yard ta the rear yard.
_�4 Group home. � gronp home is a supervised living or counselinq� '
arrangement in a family home context for developmentallp disabled, retarded or
��) MAR 2 � 1980
han�iicapped �ers�ns. It �rovid�s for the care of ct�ildren or adults.
Sec�ion 210. General reyulations.
219. Appiication of reyulations. ,
_ 1 Confor�ity of buildinys and land. No building, structure or premises
shall be used of occupicd, and no buildinq or part thereof or other structure
shall he erected, raised, moved placed, reconstructed, extended, enlarqed or
altered, excepting in conformity kith the reyulations herein specified f or the
d:istrict, as shoxn on the zot►ing map, in �hich it is located.
02 Conformity of bu.ildings_ No building, structure of premises shall be
erected, altered or used so as to produce yreater heigt�ts, smaller yards or
less uuoccuoied area, and r,o bui.lding shall be occupied by more tamilies than
prescrit�ed far such buil�ing, structure or premises .for �the district in ahich
it is .located. - �
_3 Cor�formity of open spaces. vo yard, court or open space or part .
thereof, sha3.l be included as a part of the yard, court or �pen space, similarlp
reYuired �or any other building, structure or dwellinq under this ordinaY►ce_
212. Cor.tinuance of nonconforming uses and structnres. T�e continuance of
noncanfor.ming uses or structures shall be subject the follo�ing limitations:
. 'f Contii�uatiou. Any la�rful cse o� bnildinq or land, existinq at the
effective date of the ordinance, may be coutinued, although such use does not
conform the the pcovisions of this ordinance.
.,2 Extension. A t�oncontor�uiny use shall be allowe3 one (i) tkenty-Yive
(25) per cent expansion of the buii3ing- Said expansion sLall not exceed
txenty-five (25j per ce�t of the floor area_ �he extension of a conforming '
use to any portion of a nonconfor�inq building Which existed prior to the
effective date of this or3inance shail not be d�emed the extension of a
noncanformiug use_
. 3 Restoration. bo building damaged by fire or other causes to the extent
of more than fifty (50) per cent of i�s value shall be re�aired or- rebuilt,
eYcept in conformity �rith the regulations of this ordinance� �
..4 Abandonme�t_ i��Cenever a nonconformiug use has been discontinued for
a period of one {1) year, such use shall not thereafter be re-established aud
any subseyu�nt use shall be in conformity with the �rovisions of this ordinance.
.S Substitution ot noncon�orming uses. No noncontorming �se may be
changed to any other nor�conforming use, uuless the board ot adjustment shall
find that the proposed nouconforming use is uot �:ore detrimental to the district
than the existing nonconform�ing use of the property, The board of adjustment
nay sp�ci�y such a�propriate cond:itions and safeguards as may be required in
counection �ith such change_ ,
.6 Pepairs and maiutenar,ce. Ordii�ary repairs and �aintenance of a
structure containiug a nonconforminy use shall be permitted_ �
_7 Change in use_ !► nonconforming nse shall not be changed except to a
conforming or to ar,other use of a higher or more restrictive classification as" •
}rovided by this ordina�ice. A chanye of �a�con�orming use ia the I-9 , -I-7�, �
I-2 Zone District to a use �rhich is resiuential shall not be per�itted.
.8 ��ortization o� nonconformiug signs_ Signs and biliY,oards �hich exist
off the site of the principal use on the date of the adoption of this ocdinance
shall be �ade to conform �ithin a perio3 of three {3) years fro� said date.
_9 Anortiiation o� nonconforminy use of open laad_ All nonconforminq
uses vf open land not it;volving a substaLtial i�►vestment as �ermanent buiidings,
shall be torn do�rn, altered or o�ther�ise �ade to conform xithin three (3j years
from the date of adoption of this ordinat�ce_ .
` .
2'!3. iibstruction to vision at street intersections �rohibitedo
�7) N'�R 2 C i9�� �
_ 1 On any corner lot at a street intersection which nas some tor� ot
traffic controls, in all districts, there shall be no obstructions to trattic
visibility Withiu the clear sight triangle yhich is formed. by th� intersectiou
of the centerliue of t�o (2j intersecting streets and a straight .line joininq
the two (2) said center liues at Foints fifty-five (SS) distant fron tY�eir
yoint of intersection-
. 2 Un any corner lot at a street intersection Which does not have any
f orm of traffic coutrol, in all districts, there shall be no obstructior►s to
traffic visibility �ithin the �clear sight triangle which is tormed by the
intersection of the center line of t�o {2) intersectinq streets and a straight
line joininy the t�o {2j said center lines at points a yiven na�ber of feet
distant from their point of intersection. The distances from t�,is point of
iiitersection is given in the folloxing table for various speeds in miles per �
hosr of enfo�ced speed limit. �
DIS�ANCE t9EaSURE�IENTS Fnx
CI.EA$ SIGHT ZTtIi�NGLE
�Iiles per hour Distance measurement
. .�
20 73 feet -
25 99 feet �+„�
3p 126 teet
.
214_ &eduction of lot. No lot shall be sold, divided, or set otf in sucl�:.,.a
manner that either the portion sold, divided, or set off, or the �ortion :
remaining shall �e less than the minimum size prescribed by the requlations
relating to the district in rahich it is situated, vnless it becomes a part ot �
an adjacent lot �ueeting requirements. � .
ARTICLE IIZ_ BSTABiISHMENT �OF DISTBZCTS ,
Ah1D BOUNDARIES �
Section 300_ Establish�ent of districts.
For the purpose of this ordinance, the area defined by the joint juris-
dictiou zoning map, i3rookings, South Dakota is hereby divided into sixtee�# .
{�5j types of districts:
Flood �ay r� Ayricultaral
�gri�ultural g Agricultural
8esi�ience &-1A Sin�le Family
Residence R-1H Single Family
Residence R-2 Two Family
�esidence R-3 t9ultiple Family/Apartment
Resi�ence R-3A tl�ltiple Famiiy/"tobile �iomes
Business RB-4 Neighborhood _
Busines B-2 Fringe .
Business B-2� Professional Otfice
Business B-3 fieavy
� Business B-4 Higt.rray
Business B-5 Planned Commercial
Industrial I-1 I.ight
Industrial I-18 Eestricted
� Industrial I-2 Heavy
Al1 of the zoning classifications with the exception of Flood �ay iFil)
pay be used in f lood prone areas and if so Will carry a �refix FP, e_ g. � n-1 A
b�comes FPH-7A, B-2 becones FPB-2_ Areas so desiga�ated may be used f or
' �8f�R � o z��
� '
purposes outlined in this urdinance provided that all construction be desiyned
to uithstand a 100 year flood, such desiyu to be approved bi the City �n�ineer.
301. Boun�aries. Said districts are �ounded and defined as shoWn o� a map
entitled �Joir.t Jucisdiction Zoning Map, Bcookinys, South Dakota, as am�nded'
as adopted �arch 1, i980, ahich accompanies and which, �ith all ex�lanatory
matter thereon in hereby made a part of this ordinance. �
,
302. 8ules for interpretation of district boundaries. .
. 1 Uuless otherwise �rovided, zone district boundaries sha11 be on the
municpal corporate lines, section lines, lot lines, natural boundary lines, or
on the center .lines of high��ys, streets, alleys, railroad rights-of-Way, or
such lir�es extende�_ In cases Where such lines are not used, the zone district
line shall be as determined by usiny t}�e sca�e of the oif icial zoning district
map. -
_2 Where a boundary line is sho�rn as a�proximately parallel to a street,
highuay, steam or railroad line, such boundaries shall be co�strued as parallel
thereto, and at sach distance from t2�e ceater liiie as determined by the use of
the scale as shovn on the otficial zoning map.
.3 �shere a district boz�ndary line divides a lot r�hich �aas held in single
oxuership and a matter of record, at the time the boundary line vas established,
the use regulations applicable to the l�ast restricted distr.ict shall exteud
over the. portion of the lot iu the more restricted district, a distance of not
�aore than thir�y (30) feet beyond the district t�oundary line-
.4 Disputes concerning tl:e exact loaction of any zor►ing district boundary
line shall be decided by tr,e Board of Adjustmen� according to the int�nt of this
ordinance. �
. 5 �henever any street, alley, or other �:ublic xay is vacated in the manuer
authorized by lax, the zoniug distcict adjoininq each side ot such street, �
alley, or public �ray shall be aatomatically extended to the center of such
vacation, and al3 areas inclnded in the vacation shali then be subject to all
reyulations of th� extended districts. , ,
ARTICI,E IV_ �G&ICULTDRAL, &BSiDEhZ'IAL gND FLOOD PI.AiN DISTBICTS
Sectior� 400_ Flood i:ay district. �ii -
. ) The �urpose ot this 3istrict is to protect fro�u encroacrment thaL
portion of the floodplain that is defined as the f�oodway ou the 'Flood
Boundary and Floodxay map� fur the Cktiy of Brookinys prepared by the II. S.
Department of Housing and Urban Developcnent, Federal �nsurance Administration
with an e�fective date of October i7, 1978. - .
ire flood�ray .is tha cr.aunel of a stream plus any adjacent flvod plain
areas, that nust be kept free of encroachment in order that the 100 year flood
can be ca.rrie3 witaout iucreasing �he flood height more than one ('1j foot.
402. Permitted uses. � �
. i Agricultural purposes such as crop production and raising of livestocY
not requiring a farm residence or other bvildings.
.2 Public parks, plapgrouads, private recreation, shooting ra.�ge, .
ca�pyrounds uithout overnight accomodations, or other open space uses of a
non-commErcial area_ No structuces alior+ed vith aLy ot the above uses.
�t03_ Uses al�owed by special exceptiou by the Board of gd�ustment.
_ 1 Strncut=�res associated �rith the above uses if approval is obtained
fr�m the U_ S. De�artment of Housing and IIrban Development, Federal Insurauce
Administration. '
y r�� MAR 2 0 1980
�
. -- -� _ . _.. _ .-
Section u05. Agricultural District. A .
406. Intent- �
The intent of the �yricultural District is to �rotect agricultural land
and uses fro�a incompatible land uses and to liwit residential, commercial aud
industrial uses to thse areas where they are best suited by mason of their
reyuirement s for public services and souud development. It is also f or the
preservation of open space aad land currently used tor iutensive agricultural
' practices.
407. Permitted uses.
. 7 Animal husbandry s�rvice. -
.2 Pield crops and 3rass land.
_3 Fisheries services_
.�4 Game propagaticn areas.
_5 Government yra,in storage areas_
.b Aorticultural services. ,
. .7 Znstitutional farms. �
. 8 Zivestock and ponitry fat�s.
_9 Orchards and tree farms.
. 10 Public parks and recreation areas. �
�, '!1 Tr uck gardening_ - ,�:
_ 12 Botanical gardens {nurseries and greenhouses) . �
. 13 Sinyle f amily resideuces including permanent �aobile homes. '�:
. 14 9eterivariaus� offices and animal hospitals. .��
_ i5 Schools_ � ;�'w
_ 1b Sinqle family residences on less than 3S acre lots provided thatr�uch
residences are on either established zarm baildiny sites or establishQd s ool
b u i l d in sites aud f�rther� provided that t�e pro posed site has establishe�road „
9
access and clearly delineated bounrlaries. , ' .
. i7 Sinqle family. residences on less than 35 acre lots provided that :said • �
residences are exclusively used as secondary residences in connection yitl� an
existing farming aperation_
':� '
4fl8. Uses allowed as sp�ecial exception by the Board of Adjustment. �
. � Airports aud airstrips. ��
_2 Cemeteries_ ��
.3 Commercial public entertainment enter�rises not normallp accommodated
in commercial areas_ �°
.4 Extractive or mininq and storage ot materials.
.5 Private clubs.
e6 Sanitary land�ill dumping grounds not �ithin one hundred sixty. {150j
rods of a residence or comaercial establishnent_
.7 Sewage treatment plants, hut not xithin (8�) rods of a residence_
08 Co�nmercial livestock feedlots, poultry and f ur tarms, and �og kennels,
but not M1tE11A one ()j s�ile or any incorporated municipality and Yithin eighty
(84) rals or any established residences aud t�aenty ("l0) rods or a Federal,
State, County or township high�ay.
a9 Stables. � �
. i0 kater, Pumping Stations, Elevated Ta�ks and similar essential public
util.ities aiid structures. �
_ 11 Outdoor advertisinq mear►iny a sign, device, fiyure, drawing, paintiny,
message, �oster, billboa.rd or othe.r thing xhich is designed, intended or used
to advertis� or inform, any part 'of the advertising or inf ormation contents of �
�hich is visable from any place on the main-traveled way ot any hiyh�ay�
:12 Hot mix or asphalt plants, provided that auy special e�tception issued
for a hot mix or asphalt plant shall only last �or a �eriod of one year�
. 13 One mobile home on an established farmstead to be used for the
occupancy of parents, grand�arents, children or brothers and sisters of• the
occupant of the land, provided that said mobile ho�e is re�oved �ithin niuety
C�p MAR 2 0 1980
(90) days of the vacation th�refrom by the gualified occu�ant Ar occupants_
409. Setback, area, and }�eiyht reYuirements.
_ 7 Minimun sl�elterbelt set�ack. A shelterb�lt, consisting ot one {1j or '
more roWs shall not be estdblished within one huudred (100) feet of a public
road riyht-of-way line. In the case of a township road, measurement shall be
trom the road edge_
_2 nuildiny s�tback rec�uirem�nts. (Getieral farmstead structures)
The Iocation of anp structure co�taininy tvo hundred (200) square �eet or more
must be located a minimum of one hundred fifty ( 150j feet from the public road
right-of-xay_ E�cce�tions maf be allored ii the developer can sho� just cause
and a�proval is yranted by the board of adjustment. In no case shall a
building be located closer than fifty t50) feet from the yublic road right-of-
way ot Cvunty and state hi�hways_
,3 Area regulatians. (F.esidential buildiiigs.j All buildinqs shall be set
back from street right-of-xay lines and lot lines to comply �ith the �olloving
yard reguiren�eiits: .
a. �ot size� All lots shall be a minimur� of thirty-five {35) acres_
B. �'rori� Yard. TUe iuinimum de�th of the �ront �ard shall be three
. huudred (300) feet and in no case shall an accessory building be located or
extend into the front yard. Exce�:tion: A structure xith a floor space of
_ less than tWo hundred (200) s�uare feet_ Front yard minimum uidti� shall be
one hundred sixty-five {165j feet.
c. Side yard_ The minimum vidth ot 'a side yard shall be trenty-five
{25) feet.
d. Rear yard_ The rninimum depth of a rear yard shall be #.�enty-five
(25) feet. �
e. .�Saximun lot covr�rage. Duel.lings and buildings accessory thereto
sha 11 cover r�ot more than t wevty-tive (25) percent of the lot area. . �
.4 8eiyht regulatior.. �Io main residential buildiny shall exceed t�ro and
one-half {2 �/2) stories or thirty five (35) feet in height. All structures
including those allo�red by sYecial exce�,tion �ust coflform to height _regulations
in Article VII, Section 721. Exceptions yhich may ,be alloWed by approval of the
board of adju��ment include:
a. ��ricultural buildings.
b. Chi�neys, smokestacks, cooling towers.
c. Pad:io and TV towers_
d. kater tanks_ �
e. Others, �rovidiiig that tt►ey are not used for human occupancy,
Sectiou u�0_ Residence �-7A singie f amiiy.
411_ Permitted uses.
.. 1 Sinyle-famiiy �dvelling.
_2 Cr�srches ai�d simiiar piaces of �orship.
� _ 3 Public, �aroc�ial schools of ge;�ecal ii►struction.
.4 Public li;�raries, museums, �arks, playg.roands and similar community
facilities.
� 5 Governmental administration and services such as otiice, fire�o�ase, •
police, first aid, civil defense aud like uses; ho�rever, this section shall not
be interpreted tn pernit such oses as raarehovsing, indoor and outdoor storaye
of vehicles, road-buildiny eyuipmeut and supplies_
_b Accessory uses .inci3ental to any of the f orego.ing permitted uses, such
as �rivate garages, parking lots, etc_
412_ U�es allo�red as special exceptions by tine board of adjustment.
. 1 Agricultare as a living, provided t.}:at there is no display ot products
other than in �roxth visible from the public right-of-Way. �
. 2 Public utility substatioi►s or pumping stations, upon a sho�rinq� that
such structure is essential to serve the in►mediate neighborhood, that it cannot
• ��� 1;iAR 2 0 1980
t►e lucated in 3lij► other tl��e of district and tl�at it is housed in buil nys tt�at
hara;onize with tt�e character of the i,eiyhborhood and has ade�uate scre�ing and
landsca�ing and ��ets all �tt�er standards of this ordinance..
_ 3 Customary ir►ciden�al h�t�e occupation which is carried on as au
accessory use by one or taore members �f the family residiny on the Premises,
and (1j which shall be carried on wbolly rrithin a cumpletely enclosed building
and (2) in the activit�, not :�ore than one-half (7/2) ot the fioor area of any
one {1j floor or basemer�t shall be used and (3) in the confiuct of such activity
not more than one (7) ��erson outside the family shall be enuQloyed and (4) such
customary home occupation must be in keeping �aith the character ot the
nei�hborhood in uhich located ar�d �aust uot materially depreciate property values
in the immediate area� Such use must also satisfy the regulations prescribed
iu Article VII, Sections 7U0, 7'I0, 720, 730 and 740. �
.4 S�i�ming pool not operated for profit, meetiaq recognized construction
and safely staizdards and all other r��uirements of ti�is otdinance.
_5 Non�unicipal libraries, museums, art galleries and commutiity centers,
rrhether of not operated �or profit; noncommercial clubs and lodyes.
.5 Hospitals yrovided that the health officer of the city shall tirst
certify that in the ��ro�:osed location, such use will not have a detrimental
efEect on the health of the surroundiny neighborho�d and further �rovided that
a narse�s r.o:�e as an accessory use is permitted only on the same lot as tt�e,
hospital_ ��i�.,
,7 Remflvable roadsi�3e stands for the sale ot farm products produced �n
the pren�ises, �rovided hok�ever, that any such stand shall be situated not less
than forty (�+0) #eet from the street r.ight-of-way line or lot line and sh��l
have a3ec�uate parkiny sFaces,, a.nd in no �VEZIt� less than four (4) parking �spaces ,
� Such stan�is shall he removed during seasons when �roducts are not being o��e�ed
fnr sale. �
.8 Accessory uses incidental to any at the foreqoing special exceptions.'
�373_ Area regulations. �
.. 7 Lat acea and �idth. A lot area ot not less than fifteen thousand
(i5,0�70) s:�uare fe�t per faffiily shall be �rovided for every buildiug iierea ter ;
� ,.
erected or vsed in whule or in part as a duelling. Each lot shall have a ,�� ...,
building frontage of r�ot l�ss than one hundred (lUOj feet. ";� : : .
_2 Front yard_ There shall be'a tront yard on �ach street on vhich #.he
lot abuts, yhich yard shall be not less than forty (u0j teet in depth_
_3 Sid� �►ar3_ There shall Y,e tao {2j side yards on each lot neithe� of
xl�aich shall be less thaa tifteen {'!5) feet in dej�th.
..4 �ear yard. There shall be a rear yard on each lot, which yara- shall
not be less than thirty (30) feet.
�74_ Su�piementary regvlations_ See reguiations prescribed in Articie YII,
Sections 7�a, 72�, 73Q and 7�30.
Sectiou �120_ Residac�ce &-1 B sinyle family.
�21. Permitted uses. �
o � All uses allowed by ri�ht in �esid�uce $-7 � D3strict_ '
. 2 Public utility substatioos or �.nt��:iny stations meetinq the requirements
of section 412.. 2.
_3 Private schools of geueral instruction_
,4 Accessory uses customariiy incidental to any of the f oregoinq
permitted_ uses.
. 5 �ay care facilities of t�aelve (12j or less persons at one time�
u"l2. Uses ailowed as srecial exceptiot►s .by the board of adjust�ent.
. 7 All uses allo�+ed as special excegtions iu the nesidence 8-7� District,
except roadside stands and agriculture as a living and ho�e occnpations_
C� ) ��R 2 0 't9�
�l
I � � � . , . . , ' , . . . �
. .2 YocatioLal or trade schools, uheth�r or not operatea for profit.
.3 �etiremeiit of nursiag home.
.4 Two-family dwelling.
.5 Grouy home.
u23_ Area regulations. ,
_1 Lot area and Width.
a_ Single family structures_ A lot area of not less than ten
thousand ( 10,000) s`�uare feet �er tamily shall be provided for
every buiiding hereafter erected or used in xhvle or in part as
a dwelling. Eac� lot shall have a buil3ing line rrontage o� not
less than sever�ty-five {75) feet.
b. T�ro-family dwelling_ To the reguirements specified in _ 7a, add
t�o thousand four h�ncired (2400) square teet of lot area and
fi�teen {15) feet of buildinq line frontage for. each additional
drelling unit. .
' .2 Front yard_ There shali be a front yard �n each street on which a lot
abuts, which yard shall be not less than thirt� {30j teet in depth.
43 Side yard- There shall .�e tyo (2j side yards on each lot neither of
' . vhich shall be less than eiqht (8) feet in degth. -
_ 4 Rear yard. There shall be a rear yard on each lot, �hich yard shall
not be less- than t�enty-five (25j feet in depth.
� .
+324. Su��:le�,entary regnlatious. See regulations prescribed in Article YII,
Sec�.ions 700, 720, 730 and 740. '
Section 430. Residence E-2 two-family-
1 �
' 431_ Permitted uses. " �
. i All uses alloxed by right in Resideuce R-iB District-
,2 T�ro-famiiy d�e:llings.
' _3 Group home.
432. Uses allo�ed as special exceptions by the board of adj`sstment_
. 7 All used allowed by special e.cce�tion in tt�e Hesidence 8-� B District_
.2 Boardinghouses_
.3 riultiple-family d�►elling.
..4 Apartments, cfln3ominiums and torai�houses_
..5 Fraternities and sororities.
�b Furieral homes a�d mortuaries,
' _7 Home occupa�io�s_
�33. Area r�gulations.
. '1 Lot a�ea and �idth.
a. Single fa�ily structures. A lot area ot not less than seven
tnousand five hundred (7500j sguare feet per family shall be
provi�ed for every building hereafter erected or used in whoie or
in part as a d�►elling. Each iot shall have a building line �
frontage o,f not less than fitty (5D) feet. '
b. T�o-family and multiple-family drrellings. Add txo thousand four
hun3red (2u{?�j syuare feet of lot area and ti�teen (75j feet of
- buildinq line frontage for each additionai dWelling unit up to
and includiny four (4) units.
c. �ultiple-family d�relliugs in excess of four (4) units,
f raternities and sororities shall have a minimum of one hundred
(�OOj feet o� building line fr.ontaye, A maximum of eighteen (18)
units per acre shall �e alloxed. Three hundred (3U0� sguare feet
of o�en space sball be provi�ied for each dxellinq excl.usive of
' other area rei�uirements. � r�A� 2 Q '� " .
���
� .2 Front yard. There shall .�e a front yard on each street on xhic�� a Iot
abuts, which yard shall be no less tran twenty-five (25j feet in depth�
.3 5ide yard. There shall L•e two (2) side yards on each lot ueither af
which shail be iess than .seven {7) feet in depth. . .
_ u �cear �rard. There shall be a rear yard on each lot, which sha11 not he
less than thirty (30j fe�:t in de�th. ,
434. Su�plementary reyulations. See regulations prescribed in Article YII,
sections 7a0, 720, 730 and 7u0_ _ :,; .
Section 440, Besidence &-3 multiYle family and apartment. ,
-; �7_ Permitte3 uses_ _ _ - .
_ 7 All uses a1loWed by right in the Eesidence &-"l District. '��-�
.2 ' �Iultiple-family d�;ellings. � . . - ;
_3 Apart�ents, coudominiums and tounhouses_ ._ __ .
� _4 Fraternities and sororities_ _ , _
, 5 Boardinghouses. _ '
�5 Day care facilities_ �:,
x � -��.,• � . .
42. iTses all.oued as s�ecial exceptions by the board of adjustment. "' `�;��,_
_ i Uses a11o��ed by special exception in the Residence R-1B �istrict:�s;`
.2 fiome occupations. ; ��`•`':
�3 Puneral ho�es and n►ortuaries.. ��'
' . �
43. Area regulations. � , ���,;
. ] Zot area and �+idth_ -�`'
_ :,��
a. Siiiyle-family structures4 A lot area of not less than sig
thousand (b0�0) s��uare feet per family shall be provided for every
sinyle-family dweliinq hereafter erected or used in srhole or in
part as a d�+elling. Each lot st�all have a building line 'trontaqe
of not less than fitty (50) feet. _ �- �
b. Two-family �vellings. To the requirements in . 7a, ad���tWo� w'�'� '.
thousand four hundred (2�i0Uj square feet of lot area and fitteen
(�5) feet of buildiny iine f rontage tor each additional dxellinq
unit_ " - .
. � c. �Sultiple-familg, apartments, condominiums and to�nhouses_ A
:naximum ot twenty-four {24) dwellit�g units per acre shal* be �er-
mitte3.. Three huudred {300j syuare feet of open syace shail b�
pruvided for each 3welling nuit exclusive of other �rea .
requir�ments_ Ttiere shall �� a �inimu� ot seventy-fivg (75) feet
of �uildiny line frontage az�d te�: t�ousand ('IO,OUOj square f�+�t
of Iot area_ -
_ 2 Front yard. There shall be a �ront yard on each street on xhich a lot
buts, uhich yarrl sha�l be not iess thau t�a�nty {20j feet deep.
.3 Si3e Yard. There shall �e txo (2j side yards on each lot, neither ot
hich s�ali be less than seven {7) feet in depth_
_ q Rear y�rd_ �here shall �e a rear yard on each lot vhich yard- shall �
ot be less than twenty five {25j feet iu depth.
� �3�. Supplementary reguiations. See re3ulations prescribed in article VII,
,ections 7�0, 720, 73D and 7.40.
�ectioA 450_ uesidence n-3A �uitiple famili and nobile ho�e.
5i4 Permitted uses_ • `
. i �11 uses alloWed by ri�ht in the Residence E-3 District_ ' �
. 2 Singie ;naY�ile hone-shall be uot iess than tour huudred {4nU)�� square
L�et in the main structureo •
� /� Pt;AR z � �s�
C�
' _ 3 Mobile home park. •
452_ Uses allowed by special exception by the board ot adjustmant.
.. 1 Uses alloved by special exception in the 8esidence 8-18 District.
..2 Home occu�ations.
u53.. Area regulations.
. 7 vot area and �ridth-
a. Single-fa�aily, t�o-family aad multiple-f amily structures shall
conform to section 443. )a, 0 7b, _ 1c, .2, ,3 and _4_
b. Sinyle-mobile home. Lot area, frontage, front rear and side yard
reguirements shall �e as rec�uired in section 443_ ia, . 'l, .3 and
. 4.
c_ Mobile hone park.
� '!) There shall be a 3.et area of not less than fvur thousand
_ (4U00) square feet per mobile home_ Each lot shall have a
building line frontaye of not less than thirty-tive (35j teet.
2) ihere shall be a front yard on eac� street, public or �rivate,
xhich a lot abuts, �rhich yard shail be not less than t��enty
. (20) feet in depth. - �
� 3) There shall be tvo {2) side yards on each lot,� neither of
which shall be less than five (5) feet in depth �itb a
minimum aggregate of fifteen (�5j feet. Side yards adjacent
to any other reside�tial district shall be not less than
tveuty �20) feet.
4) There sha.11 be a rear yard on each lot, yhich yard shall not
be less than fifteen (15) feet iri depth. No builc�ing shall be
�aithiu thirtp (30) feet of any rear .lot line xhicL abuts any
o�her residential district. �
453_ Supplementary regulations_ See regulations prescribed in �rticle YII,
sections 700, 720, 730 and 7�10.
ARTICI.E Y. BUSINESS DISTRICTS
Section 500_ Business R3-� neighborhood.
501_ Permitted uses.
. ) Auy use allowed i� the &esidence R-3 District provided that such use
conforms to the ar�a and use requiremeuts �f that district except mobile homes.
02 Any iocal retail business or service establisha�ent �ahich suppiies
commodities or �eriorms tr.e followin.g services yri�arily for residents ot t�ne
surroun;�iug neighborho�d; yro�ery store, meai market, delicatessen, druystore,
barber and beauty sho�s.
e3 Sssiness or professional office; medical or deatal clinic.
04 Any ,use of the saae general character as the above-
502., Qses allo�ed . as special exceptions by the board of adjustment.
. '! Service stations_
_2 Funeral homes and mortuaries.
- 503. Area regulations_
. ) 3.ot area and vidth. The minimum lot area shall be five thousand (50U0)
sguare feet for ea�h co�mercial, area_ The mini�um lot Yidth sha12 be fifty (50j
feet� �
_2 Front yard. The buil,ding line to establish a front yard f or a�l
buildings and structures shali conf orm uith that reYuired by the most
(/�� F1iAR 2 0 �9�0
restrictive adjaceut use. .�, •
.,3 Side yard. There shall be a side yard adjacent to any reside tial
distcict of iiot less than tWenty (20) feet.
.4 Rear yar�. � 23o building shall be itithin thirty (3Uj teet ot tne rear
lot line_
50�. Supplementary reguiations. See regulations prescribed in Article VII,
sectior�s 7�0, 710, 724, 730 and 740-
Section 52D_ B�siness B-2 friuge.
SZ'1_ Per�itted uses. '
. 1 Petaii or service store or shop.
, 2 Personal service shop or ageucy such as tailor, dr�ssmaking, beauty,
barber or shoe repair shop. _
. 3 "ledical of deutal clinic.
. '� Business, pro:�essional and governmental otfices.
. 5 Hotels, apartm+ent, second floor or above.
.6 Eating and drinking estab.lishm�nts, iAcluding those ofteriug i�-car
services. .
�7 Theaters, �xcept those ofFering ir�-car services. , _ „�_;,
08 Public transportatiou passenger facilities. `:;:
_9 Telephone exct,anges..
, 70 Funeral ;�omes and mortuaries. , �� '
. '! 1 Parking lots- � . _
� 'i2 Banks, savings and loan associations and other financial it;sti�:��ians. ;
, �3 Automobile sales. - �`�
oi4 i�holesale business Kithout warehousing. �
_ 75 Auto laundries, provided that their operating machinery is vithin •
an enclosed structure and a�eguate arainage is provided. � ;
_ '!b Grocery super�arket_
. 77 Furniture sales.
_ 78 Other similar uses re uirin o n stora e or off-street arkin ` �aad "
� 9 Pe g P �� ., ,
ioadinq areas.
, 19 Service stations and rePair garages.
..20 Day care facilities_
S22_ Uses alloxed as special exceptions by the board of adjustmeut. �
oi T�o-family d�ellings. ,
,. 2 �ultiple-family dxellings_
.3 A�ar#men�s. _
..�t Any uses incideiitai to the foregoing special exce�tions.
..5 Iliility truck and trailer renta.ls_
523. Area reyulations.
.. � �.ot area and virlth. -
a_ Comu�ercial structures. A lot area of not less thau fi.�teen
thousand (15, �00) sg�are Feet shali be provided for every building
hereaf ter erecteci ot used. Each lot shall have a buildinq line
�roiitage of not less t�an one �undred ( iUOj feet4
b. �eside.�tial structures. Provision of sections 423 and 433 shall
deter�ine lot area and xid�.h, side, front aud rear yards_
_2 Al1 buiic�ings and incidental uses ou lots adjacent to a reside�tial
district shall be located to provide a forty (u0) foot side yard on the side
abuttin� the residential district_
_ 3 Front yard. T}�ere shali be a front yard on each street which a lot
abuts, Which yard shall be not less than t�renty-five (25j feet in depth. _
.4 8ear ya.rd_ There shall be a rear yard on each lot, vhich yard shall �
be uot less tha� tWenty �20j feet in depth. �
���oPi�R 2 0 ��
�
524. Supplementary reyulations. 3ee requlations i�resccibed in Article VII,
sections 700, 710, 710 and 730.
Section 530. Business B-2A �rofessional office.
537. Permitted uses_
. '1 Business, ��rofessional or yovernmental offices.
. 2 Medical of dental clinicp
.3 Funeral uome or mortuaries_ .
.4 Professionai prescription pharmacy (this includes only �rescription
and related t,ealth care products, as opposed to a general retail druqst�re
�peration)� �
� 532. Area regulations. • .
. � All�iuildings and incidental uses on lots adjacent ta a residential
district shall be located to provide a twenty-five {25) f oot side yard on the
side abuttiny 'the residential district_ �`hen adjacent, to other than residential
districts, no side yard is reguired; hoaever, �here side yards are provided
for such a building, each such side yard shall be �ot less than six (6) , feet in .
�+idth. No �inimu�n lot arda or building frontaye shall be required. .
• _2 Front yard_ There shall be a front yard on each� street which a lot
abuts, which yard s�all he [iot less than tweuty-five (25) teet in de�th.
_ 3 Fear yard. No bui.iding sh�ll be withiu t�renty {20) feet ot the rear
lot line. �
533. Su�ple:�entary regulations_ See cegulations prescribed in Article VII,
sections 70fl,' 710, 72� and �730_ �
Section 540_ B usiness B-3 beavy_
5�11_ Permitted uses_
_ 'i Any use allo�ed in Business B-2 District.
.2 Indoor and outdoor saleso
_3 �Indoor and outdoor amusements, svch as theaters, amusement parks,
drive-in theaters, bo�rling alleys, skating riuks aud co��ercial recreation
areas_
. 4 �holesale business, �arehonsinq and sto�rage, �rovided that all
inventaries .located on t�e prea�ises are stored within a completely enclosed
structsre. •
.. 5 Auto laundries, provide3 that their operative machinery is �it3�in
an enclosed structure and ade+1uate drai�age is provided_
_6 Animal hospitals.
_7 Far� imFlement sales. ,
.8 Parking lots.
.9 Nurseries and greenhouses. .
. 10 I.umber yards_ � -
542. IIses a.Iloaed as special exce�tions by the t�oard of adjustn�ent.
�ssembling and. packaging, freight handling, light manufactucinq, storage
and warehousinq and operations similar to the foreyoing provided that all
operatior�s, equipment and materials storage are xithin a completelp enclosed
str�cture. �
543. Area reyulativns.
_ 1 Al1 buildinys .and incide�tal uses ou lots adjacent to a residentiai
district shall be located to �rovide a fiftp (50) foot side yacd on the side
abutting t}�e residential district. �'he�. adjacent to other than residen�ial
districts, no side yard is required; ho�ever, �here side yards are provided
��/� h1AR 2 0 1980
� . . . . . . -: ....4_ . . �.1 .... . �.. . � .. ... . .. , .
i � ' . ' , . . `, . � . . .
for such a building, each such side yard shall not be less than six {b� Yeet in
width.
.2 Front yard. There shall be a front yard on �each street which a lot
abuts, rrhich yard s�all be iiot less than tKenty {20) feet in derth.
_3 12ear yard. No buildinq shall be within t�renty (20) feet u.f the rear
lot line_
;
5�4. Supplementary regulations. See requlations prescribed in Article VIY,
sections ' 700, 7�0, 720 .and 730_
Section 550. Susiness B-4 high�ray.
SSi. Permitted uses�
.. 7 Service stations.
.2 �,otels. �
.3 Restaurants.
_4 ather similar uses which are highxay oriented.
..S Funeral homes and mortuaries.
.b Parking lots.
, .7 Day �ca.re facilities.
+�.�_:
552. t3s�s allo�+ed as special exceptions by the board of �adjustment. �;� ,
_ 7 Outdoor amusements, such as drive-in thea#.ers, amnsement parks, �` ,
bowling alleys, skating rinks and commercial recreation areas_ '::�
.2 Furn:iture sales_
_3 Auto�aobile sales. _ ��� +
#
_4 Bo a t s a l es_ _+�� �;; :.
.5 Campinq trailer aud mobile home sales. �
_o Auto laundries, provides that their o�erative machinery is �+ithin a;u�„ ;
enclosed structure and adequate drainage is provided_
.7 Banks, savings aud loan ass�ciations and other tinanciai it�stitutiAn�. ,
.,8 Utility trailer and truck rentals_ , . � .- r
• _ ,�,
553. Area regulations_ � ��
_ 1 I.ot a.rea and �►idth. T�ere shall be a lot area of not less than fvrty
thousand (40,U00j square feet per lot. Each lot shall have a building line
frontage of uot less than tvo haudred �200j feet, exce�t that xhen a lot f�ro�ts
on a service road, present o� future, the �inimum iQt �idt#� shall be one
hundred fifty �350) feet, �ith a minir�um lot area of thirty thousand (30,D00j
square feet_
.2 Front ya.rd_ Th�re shall be a frout yard on each street �hich a iot
abuts, w�ich yar3 shall be not less than fifty (50) feet in deFth.
. 3 5ide yard. ihere shall .�e t�o (2) side yards on each lot, neither of
�+hich shall �e less t�an r�enty-five {25j feet in depth. Side yards ad�acent to
any other residential district shall be �ot less than thirty-#ive (35} feet.
�4 �ear yard. There shall be a rear yard on each _lot, �+hicu yard s�iall
not be iess than thirty �30j feet in de�:th. No l�uiiding shall be within fortp
(40) feet of any rear lot line rrhich abuts any otrer reidential district_ •
�54. Su�plementary regulations. Ses regu�ations �rescribed in Article YII,
sections 700, 720, 730 and 740,
Section 540. 8-5 planned commercial district.
56'!e Permitted uses_
A �uilding or �ren+ises may be used only. for the retail sale ot merchaudise;
services, geueral and professional offices; recreatioAal, except outdoor
t�eaters; parkinq areas and other facilities ordinarily accepted as shoppinq
ceuter uses. Before land is used ot a building erected or used for any ot the
� Cl� MAR z � 19� .
. . . .
a-l�ove F>urposes, a Yrcli�inary �lan and a final plan shall be approved by the
city pl�inninq com;nissiou and connty ylar,n�ng commission tor all contiguous
property within this uistrict in auy one location. The city planniny cowmission
and tl�e county pla:auiny commission shall have forty�Yive (45) days to coasidec
�� and aE�prove or reject a preliu�inary �lan, �.ith or without modifications,
althouyh this period may be extended by agreement of the parties concerned.
Rejectio:i oi a preliminary or fina.l plan by either of the planning commissions
� �nay be ap�ealed to their respective elected boards, i.e� the B�ookinys City
Commission or the Brookinys County Commission. Final plans vill be approved
�ahen ic� accardance with a�proved �reliminary plans. From time to time the
� proponer�ts may make ainor changes in the approved tinal plan so long as such
char�yes have been ai>proved Ly the zoning officer or, u�on denial of ag�roval
by said zoning officer, With ap��roval of the planning comnissions as required
' of the origiiial final plan. �ihat cot►stit�tes a •miuor• change vill be
determined at the sole cliscretion of the, zot►iny off.icer, N.o building or
occupancy permits shall b� issued f or any buildiug .or use that is not in .
� accordance �►ith the approved final Flan. �
�he preliminary plan shall:
a. 3e draxn to scale_
b_ Sho� boundaries of property to be developed_ � -
c. Sha�r the proposed size, locati�n, use and arrangemer�t oVf s#.alls and
number of cars. Entrance auri exit drivevays and their relat:iouship to
� existing and proposed streets_ '
d. Indicate iocation, type, use, and size of structures on adjacent
properties �+ithin tvo-hundred (2UOj feet �f the proposed development.
� e. Provide for the dedicatian of any riqLts-of-xay .for the rridening,
extension, or co�:nection of �ajor streets as sho�n on the officiai
rlan. . . ,
' t. Indicate t�e stayes, if any, uhich ��11 be follo�aed in construction.•
The f.inal pla� shall be the standard plot plan reyuired to obtain a
� building permit, except that is shall sho�r the use ar types of uses to be
accommodated in each building or Fortion thereof�
ARTICLE OS. IN.DUSTRIAI. DISTRSCTS
Sectioti 500_ Industrial 1-'1 li�ht� -
601. Permitted us�s.
. � Asse[nbli�g an3 �ackaging, freight handling, light mauuiacturing,
storaye and Warehousing and similar operatious g�nerally illustrated by the
fol.lowing uGes_
_2 :fanufacturing or assemhiy of inedical equi��ent, of�ice suppiies,
�usical and optical instraments, miscellaneous electronic ap�aratus and various
toys aLd garues for enter�.ai�:ment.
_3 c�anufacture or asse�ably of marine e�uipment, hard�rare, iron products,
factory machinery, firearms, sheet metal prociucts and electrical appliances. •
. 4 Manufacture or s�orage of food, �everage, bakery ardd ciairy prod�cts_
rruit an� vegetable processing, meat and poultry �ackinq and processing, b�t
nut the slaughtering of poultry or animals, nor the distilling ot .beverages.
_S !�fanfacture of coutainers of various materials and other yood �roducts
` of a similar nature_ � ,
_5 Alanufact�re of hone furnishings an3 the pre�aration ars� finishing of
t�extiles and fibers into material_
_7 Preparation of cosmetics aud other �druq or pharmacentical productso
_8 Other similar light �anufacturing uses, �rhich do not endanyer health
and safety in surrounding areas, or cre'ate more offensive characteristics than
that xhich is generally associated with light industries ot the nature ot those
C�/ h1AR 2 0 i9�Q
specified_ . . . ; . . ,* �
.9 Any u�c �ermitted in the B-3 heavy business district. '�
. )0 Contractors storage, varehouses, a.nd repair shops.
. ii Parkiny Zots. .
b02. Uses allowed as s}�ecial exceptio�s by the board ot adjustment.
. 1 Gasoline, oil or alcohol storage above ground in excess of tive hundrei
(500) gallons .or other similar iudustrial uses not listed above�
_t b03. Area requlations.
-' . 7 Lot area and xidth_ Thc�re shall be no minimum lot area or Width �
re�uired.
•2 �.ront yard. No buildi.ug shall be constructed �ithin t�rent� (20) teet
of the front lot line.
.3 Side �►arfl. On Zots adjacent to a residential tiistrict, all buildings
, and inc.idental areas shall be located so as to provide a minimu�a si3e yard of �
fifty (50� feet, all other side yards shall be a minituum of tventy (2aj feet.
- 4 Rear yard. :Vo building shali be constructed within twenty (20) teet
of the rea.r �►ard 3ine.
604. Su�plementary reyulations. See reyulations prescribed in Article VII,�
sections 700, 72D, 730 and 740_
- . �:
t�:�,.
,�°
Section b70. Indus�rial I-18 restricted. �
67'1- Permitted uses ,��„
_ � Same as I-1 except the foiloxing uses are not allo�ed. �
a. Any use permitted in the B-3 Heavy Susiness District that '
rec�uires outside storage and sales. �
b. Coutractors storage, warehouses and repair shops. "�
c- Parkinq lots_ . T' .
� . . ,y...
612. Special site L�lan re�uirement. ��"
_ 1 A site plan defining the development areas for construction of ;;��
buildings, areas for parking, location of pedestrian and vehicular circulat�::on
routes, �oints of ingress and egress, ibcluding access streets yhere requireai,
location and height of kalls or other architectural f eatures, the provision��.
of off-street loading sFace, location, size and number of signs, and the
character and extent of landscape development and other treatment f or adjustment
to surrounding property must be a�proved by the City Planninq Commission aud
the City Com�ission before a buiiding permit is issued_ The site plan shaZl
be in confor�aance With the folloving guidelines_ Deviation from these guide-
lines will require approval of the Board : o� Adjustwent_
b'13. Area regulations. � •�
. 7 Lot area and c�idth. There shall be no minimum lot area or uidth
re�uired_ Lvt size shali be deterwined bp need, set back, side yards, . rear '
yar3s, parkiny reguiremeuts, freiyht handling reguirements, building site and
f uture expansion_ .For manufacturing and B-3 business operatious the building �
shall occupy no more that txenty-five (25) per cent of the lot_ For
xarehousing operations the bvilding shall occupy no more that fifty (50) per
cent of t3�e lot.
. 2 Front yard. There shall be a front yard on each street xhich a lot
abuts, and which yard shall �e not �ess tha one hundred �'!00) feet in deptte_ ._.
. 3 Side yards. On lots adjacent to a Fesider,tial district, excludinq
parks, all buildings and inci3ental areas shall be locat�d so as to provide a
minimun side yard of one hundred j1D0j feet, xhich shall be landscaped on the
side adjaceut to the resider�tial district. All other side yards shall be a
��� �r�AR 2 01��
mic.imum of fifty (�U) teet.
_ 4 P.�ar yards. No buil3iny shall be constructQd xithin tifty (5U) teet
of a rear lot lii�e. The rear yard shall be one hundred (10U) feet if the lot
abuts �n i�terstate. or major hiyhway. .
614. Site pian rec�uire�uents.
. 7 All parking areas, loading and unloading areas and drive�rays shali be
hard surfaced.
_ 2 Freight loading and unloadinq shall be at the rear or side of the
buiiding. ,
,3 �11 rau materials and finished �roducts shall t�e stored kithin an
enclased structed. If other than an er�closed stracture is used, adequate and
approved feucing and/or screening shall be �rovided to hide it trom vietr frotn
the streets and a3jaceut rru�:ertieso
.4 The Iot shall be developed with grass and/or lanflscape plantings and
shall include at least the front fi�ty (50) feet of. the front yacd and txenty-
five (25) f eet of th� side yards and rear yard_ See also Secti�n 6�3,3_
. 5 Grassed and lan3scated areas shall include s�rubbery or trees. �t
least 'i0 trees pet acre shaLl be �laiited. Cons.ider the ent�re site to
. determ.ir.e the number of trees.
.b Bear yard. Ahen i�he rear yard or a lot abnts a street that is
basically residential in natare, it shall be cor.sidered the front yard for set
back aiid lan3scaFe reyi�irenents. �
. 7 Siyr�s. i�o advertisiug signs Will be allo�ed_ Business signs shall _
be incouformance �ith the existing sign ordinance for the district.
.8 Side�ralks. Public sidexa.lks Will be required �hen deemed necessary
by the City Commission�
615_ Bonding requirements_ 'Ihe deveioper or the purchaser of the lot xill be
reguired to post an ade�uate bond in conformauce �rith the city sub-division
regulations, quaranteeing the installation of all landscaping, paving, etc_
61b. Sup�lemeaitary regulations. See regulations prescribed in Article YiI,
Sectioiis 7Ufl, 720, 730 and 7!�0. .
Section 520_ Industrial I-2 district.
6.21. Peru�itte3 uses_
. � Any use permitted in Industrial I-1 District_
.2 Heavy marcuf actnriny, fabricating and processing �hich rould nat be
compatible with a coc�mercial o.r residential etiviroument.
.,3 ho �ses will be allowed in the district which conflict �rith an�+
ordinances of the City of Brooicings or th� Co�nty of Brookit�gs requlatinq
naisances or laks of the State of South Dakota.
n4 Watchmen or caretakers unen e�aployed on the premis�s.
.,S Parkiny Iots,
622. Uses alloxed as special exceptions by the board of adjust�ent_
r � Acid manufacture,
.. 2 Automobile wrecking, cars and parts, storage aud sale.
.,3 Cem�nt, lime, gy��sum, or plaster of paris manufact�re.
.4 Distilla��on, �ar.ufacture, or refinii.y ot boues, caal tar c�r asphalt-
..5 Explosives, man�facture or storage.
..b Fat, yrease, lard, or tallo�+ rezderir�g or refining_
_7 Fertilizer r�anufacture (from organi�c matter)
..8 �lue or si:e �anufacture.
, .9 Garbage, offal or dead animal reduction or dumping- •
. 10 Junk and salvage tinetal, pa�;er, rages, �raste or glass) storaye,
� (2� h1AR 2 0 ]980
treatmerit or bali[���_ � .
. 11 �ailer mar�ufacture.
.. 12 �etroleu�a or asyhalt rc:firiiug.
. 13 Stoc;cyards or slauyi,ter ot animals {�:xc���t �oultry) .
. 1� Asphalt i:lant_ '
022. A�ea regulations_
.. 7 Lot area and width. Tl►ere shall be no minimum lot atea not buildinq
line frontage re�uired.
..2 Front yard. No building st�all bQ canstructed rrithin torty (4Dj teet
of the front lot line.
.,3 Si3e yard. On lots adjac�nt to a resideutial district, all buildin�s
and incidei�tal areas s��all be located so as to i:rovide a minimum side yard oY
�ifty (�0) feet on tLe side adjacent to the resi�lential district, all ot�er side
yacds shall be a minimum of twent� (2�) fee�.
� u F.car yard. 110 building shall be constructed �rithia t�euty (20) teet
of the cear lot liue.
523_ Su�ple�entary regulatioi�s_ See regulatioris �rescribed in Article VII,
secti�ns 700, 710, 720, 730 and 740.
, ,.�„y,
AFTICL� VII. S�PPLEMENTA&Y RLGULATIONS
,��
� a.
Sectioii 700. �ff-street �arking. X�� �
�:::=.
�w•:.-.
In cos�junction with any priuci�al building hereafter �rected or any use
t land hereafter established, there shall be provided on the same lot tr.ere�i#.h ;
3fficient parking s�:aces in n+eet the mini�u� requirements specified herein_ . ', ;
_ 1 Auditoriums, asse�bly halls, dance halls, theaters, gymnasiums an{� �
icating riuks: *Jue (1) s�,ace for each four (4) seats or bench seatin� capacity. �
_ 2 �uto:aatic car vash� Ten ( 10) s�aces ror each rashinq bay. ;
� �,.
. 3 Boarding, raomir,y or lodging house. �r�e (�) s�ac� .for each occu��ut.
- 4 3owling alleys. Four (4) space per each lane. . '
. 5 Church. One ( 1j space for each iive {5j seats in the main seating �
�ea_ ;
_6 Com�nuuitY center, library, museum or art yallery. Ten (��) spaces:
:us oue (1) additior.ai srace for eacn three hundrad {300) square teet ot flvor
�ea in excess ot tao trousand {2000) s�ivare feet.
. 7 Dweilings.
a_ Une and txo-family dxellings- One space �'!) �or each d�relling
unit.
b_ �alti�le dbellings, apart�ents, townhouses and condo�ainiums_ Two
(2) saaces tor each dwelling uniL.
-. 8 Fraternity ur sor�rity_ Cne {7) space for eact� bed or one {'!j space
�r each student ar►d advisor r�aintainiuy overui�ht a�c�mo3atiotis.
_9 Ho�e occupation. �ne �1) si.ace ��r dwelling unit plus three {3j sp�ce�-.
�r eaca t+ro l:uudred (200) feet of floor area devoted to said hvme occupation_
. 10 tiospit�l, sanitarium, t�ope tor tre ayed, nursing home or similar
institution. vne (3j s�:ace for each three {3) beds plus ot�e (1) for eac2� t�o
(2) employees.
. 71 Hvtel_ One �1) s��ace for each three (3) sleeping rooa�s or suites,
plus one {7) space for each tuo r,undred (2U0) �quare feet o.t comm�rcial fioor
area coiitained therein.
.. 12 Industtial and/or maiiuracturing. One (1) space for each t;ro (Z)
-W�l�iees or. the �aximum �rorking shift, plus space to accommodate all trucics
:n3 other vehicl�s �se3 ir: coc.nection tt�erewith. •
_ 13 :��tel, toarist, 1►ome or cabin court- Oue (�j s�ace tor each sleeping
�� h�AR 2 0 19�Q►
r�oom or ur►i t.
. 74 O�tices, business ac,d protessional agencies, banks, medical or dental
clinics. ihree (3) spac�s plus one (1) additional parkiny space for �ach tour
hundred (400j square feet of Flooc area aver one thousand .(1UUUj �quare teet.
�. 75 Private club or lodge_ Oae {1) space for every seven ('1) memberships.
. 7o Bestaurant, nightclub, cafe or similar recreation or amusement
establishment. Oue (1j space for each one hundred i700) sYuare teet �f floor
area. -
_ 77 Retail store o� personal service establishment. One (1j space for
each t�o hundred (200j s�uare feet of floor area.
701_ A�plication of carking require�ents_
. ] The parking space requirement f or a use not specitically mentioned
hereia s2�a11 be the same as rec�uired for a use of a si�ailar nature.
_ 2 Whenever a building erected or estabiished after the ettective date
of this ordinace is enlarged in floor area, number of empi�yees, number of
dwelling units, seating capacity or otherrise to create a need tor an increase
of ten (10j per ceut or more in the r►umber of existing spa�es, such s�aces shall
be provided on the basis of expansion or change. �
, _ 3 Ahenever a buildiny existing �rior to the effective date of this
ordinance is enlar�ed to the �xtent of fifty (50j per cent or more in floor
area, ur whenever a building is chanqed in use but not in structure, then the
parkiny rec�uirements xill be changea accordinqly so_ as to be consistent
Kith the enlargem�nt or ney use..
_u Al1 parking spaces required herein shall be 3ocated on the same lot
xith the building use served. � ,
a. t�here an increase in the number of spaces is required by a change or
enlaryement or use or where ssch spaces are �rovided callectively or
used jointly by tyo (2) or more buiidinys or establis�ments, the •
. rec�uired spaces nay be located not to ex�eed f our hun�red (400) feet
th�re�rom provided that parking is an alloxed use in such district_
b. Parkiug spaces required tor a multiple-family or a�artment complex
may be provided in the same block on prope�ty that vould be contiguous
xith the project of alleys and other }�uhlic property is ignored.
_ 5 Joint use of ,�arking facilities may be alloWed under the follo�aing
conditions:
a_ Not more tlian fifty (50) per cent of the parking spaces rec�uired for
' theaters, .bosrling alleys, dance halls, night clubs or cafes may be
provided and used jointly by banks, otf ices, retail stores, repair
sho�s, service establishments, and other similar uses not normally o�en
used or ogerated d�lrinq the sape hours_
b. U� to oae hu�dred (100) per cent of the parking space reguired for a
c:hurch vr school auditorinm may be provided and nsed jointly by ban�cs,
offices, retail stores, re�air shops, s�rvice establisY�ments, and
other simiia.r uses not uormally open, used or oyerated during Lhe same
hours.
.5 Front yard parking_ ho off-street parkiny shall be permitted in the
recsuired minimum front yard of any resider►ce or &B-4 neiqhborhood busi.ness �
district.
_ 7 Gff-street parking s�:aces provided on other thab the same property as
the use is lo�ated shall be pernitted only in such district permitting �arking
as a use. Such separate parking s�aces shall be maintained as lonq as the
�rincipal buildiny or uses are �aaiLtained. •
.8 Tr.e parking requi.rements established by sec�ion 7t10 are minimum
reYuire�ent s_ All uses shall be required to provide all re�uired parking on
the lot or as alioxed by the previous sections.
� ,
702. Access drives. - �
- 1 It► business districts, no parking space or access t�ereto, except
23 �?AR 2 Q 196Q
�� rance or exit drives as li�ited in this s�ction, �hall be within te�u (7q) .
����t of a lut line. The width of driveway shall be determined by the lot size
. c►3 ti�e type of business.
a. The maximum tiumber o� driver�ays shall be limited to txo (2) oa any
street the lot abuts.
b. The minimum width for t�ro-tiay traffic shall be tr+�nty-tour t24) feet.
c. The maximum xidth driveWay shall be .torty (4U) f eet and wiil be
limited to business such as service stations and �similar operations.
d. The minimum street frontage for t�ro (2j drivexays shall be oue hundred
{100j feet. �
e. Nor�al retail and service establishments shall be limited to a maxiwum
drive�ray xidtL of thirty (30) teet.
.2 Such drives shall have at least sixty (60) feet of unobstructed vision
►� both directions alotig the street into vhich the drive .enters, measured trom ,
l�e centerline of the drive at tre point where it enters the traveled portion of
t�e street.
.3 Such drives sha.Il have on each side a triangular area� tormed by the
: ntersectio n of the driveway centerline, the street ceriter.line, and a straiqht
' i.ne joining said lines at points tifty-five (55) feet distant fro� their
- :�.nt of intersection_ uithin such triangular area no parking or loading or
nLoading shall be permitted nor shall there �e an obstruction to tratfic.,,`
isi.�ility. � -.•
04 In i�dustrial districts, no parking space or access thereto, exc�pt
���.rai►ce or exit drives as limite3 in this se:.tion, shall be �.ithin ten (`'#�O)
eet of any lot iine_ Entrance or exit drives connectiug the parkinq andJ:the
>treet shall be �ermitted uithin the ten (10) toot striy re�uired above, : .
;rovided these lrives meet the re�uirements as specitied above_ � �
� ;r;
�03_ Accessory buildings, area and location. An accessorp buildii�g located , •
�n a residential Iot shall not be nearer than ttio (2� teet to an� side or r+�ar�.-
ot line except that when a garage is entered from an alley, it shaZl not �e �
,cated closer than {10) feet to the alley line, aud except that an accessosy � .
�ildiny that is located cluser than ten (70) fee� to the rear line of the, �ain ;
�ildiug shall provide the side yards f or the main �uild3ny_ � �
ec�ion 710_ Off-street loading. ., �
�ff-street loading an� nnloa�ing space �ith �roper access trom a street or
�11ey, and rith at least fourteen { �4) feet of verti�al clearance shall be
>rovided, either �it�iu or outside the buiiding to adeYuately serve the use ot
he lot. All off-street loading an8 unloading spaces shall have all-�teather
�urface to provide safe and convienient access and use during all seasons.
"his paragraph does not ap��ly to aqricultural districts.
:ection 720_ Heiyht reyu.iations_
tvo building st�all exceed thirty-five (35) feet in height in the 8-7A and
-iB districts, or forty-five (�5) feet in height in the &-2, k-3 and R-.3A
�_stricts; exce.pt that buildings in the 8-3 and R-3A districts may be increased
ci height one (1) toot f or each �oot the huiiding is s�t back from all •
��uired yard lines up to a maximum height of one hundred tWenty (12Uj feet,
�rovided that the yross floor area, exclusive of e�closed garages, does uot,
�xceed the number of syuare feet of land area of the lot on �rhich the building
s placed. In commercial and industrial districts, uo building shall exceed
ifty (SO) f eet in height, yrovided that such height limits may be exceeded
`�en authori2ed by the city and county co�missions. Farm buildings and
tructures supporting utility facilities are exemYted from the yrovisions of
t�is section- See also section 4�9. .
��:tiun 72�. Height regulatious-Airyort_ •
The f oiloxing special regulatios�s shall a�ply to any iand airport other
7c�. f��kR 2 0 ��
.. . . :.t . ;:r,.:.��.. � s . ... .� � . .
tt�an a helicopter landiny facility, orrned and o�:erated by a public agency:
a. Within the air s�ace above the apl�roach zone to each end of a runxay
desiyned to be used for instrument laudings, no buildinq or structure
shall be erected or altered to project above a plane Yith a slope ot
�I _
one (1) (vertical) to tifty (50) {horizontal) projected from
a point txo huu3red (200j feet beyond the end of the runVay, f or a
distance of ten tt�ousand ( 10,000) feet, said plane to be in the shape
of a symmetrical trapezoid vne thousand (1000) feet in xidkh at its
' lovest point an3 fonr thousand (4000) feet in width at its� hiqhest
point; co�nbined with a second plane �:ith a slope of one {1j (verticalj
to forty (40) {horizontal) extending from the upper edge of the first
plane for an adciitional distance of forty thousand (40,OD0) feet, said ,
plane to be in the shap� of a sym�etrical trapezoid four thousand
{4000j feet in width at its loyest point and sixteen thousand (i6,U00) .
feet in width at its highest point.
'� b. �itl�-iu the air space above the approach zone to each end of a runYay
not desi��ned to be used for ii,strument landings, no buiidinq or.
, structure shall be erected or .altered to project above` a plane Kith a
slope of one\ (i) {vertical) to forty -(�-Q) (horizontalj � projected froa
a point two hund.ced (200j feet beyoud the end of .the runway for a . -
distance of ten thousand ('10,000j feet, said plaue �to be a sy�metrical
(�) feet wide at its lowest poin� and (*j feet �ide at �its highest
point_ :_ �
a �;� :� .. � -
� (�j The applicable distance �in feet mus.t �be �based on run�ray
lengths as set forth in Section 77.27 ot Part 77 of the
Federal Aviation P.eyuiation.
c. i7ithiu the establist,�d transistian zones adjacent to each instrument
and noninstrument� ruaxay and approach zone, no buildiny or structure
shall be erccted or altered to project abave a plane on a slope of o'ne
(7) (verticalj to seven (7j {horizontal) . Transition zones out�+ard
� and upr�ard from a iiue (*) feet ou either side of the centerline of
noninstrument runuays for the length of such runxay plus tWo hundred
{200) feet an each end; and five huudred {.500) feet on either side of
the centerline of instrument ru��vays for the leagth ot such run�ay
pius tro hundred (200j f eet on each end; to a height one h undred tifty
j150) feet above the elevation of the airport reterence point. Zn
. addition, transition zones are established adjacent to both instrument
and noniastrumzut approach zoues rrhica flare outrard and upVard
sytametrically along tY�e entire length of each approach zone to Where
they intersect the sur�aces of ths horizontal and con}cal zones.
d. &ithin ($�j teet �'ron the established airport reference point, no
building or structure shall be Qrected or altered to project above
a hori�ontal plane one liandred fifty {750j feet above the estabiished
airport elevation. The ha.rizontal zone does not include the approach
or transition zones_
(��) The applicable distance in fe�t must be based on runr�ay
_ iengths as set forth in Section 77_25 of Part 77 of the
Federal Aviation Regulation. - • - •
e_ Aithin the conical. zone, r+hich commences at the periphery of the
horizontal zone and extends outxard therefrom a distance of (�*j feet,
no building or structure shall be erected ar altered to project above
a plane With a slope of one (1) (verticalj to twenty {20) (horizontal) .
Sectiou 730_ Siqns. All siqsis shall be in conf ormance �aith the sign
ordinances of the City vf Brookings except signs in agricultural �districts and
f lood xay areas� Signs in these areas shall, at a �inimnn, meet all Federal
and State lars and regulatious_ - ,
� ,
Section 740� Fences, �alls, f ormal and informal hedges_
Z� MAR 2 0 19�p .
741_ Fences, walls, formal ai�d inf�r�al hedges in any residential zone district
b�txeen the front lot line and the tront building line for structures on
interior lois and betaeen the lot line aiid the buildinq line ou each street for
corner lots, shail i,ot exceed thirty (3D) inches in heiyht. Fences and walls
on any ot}►er part of a lot may uot etceed six (6j icet in heiyht. The height
of su�h xalls or fences shall be determined by measuremen� trorn the ground
level at the lowest grade level wit�in three (3) feet of either side of such
feuces or walls. Any fence or r�all wore than six (b) teet .in height shall be
considered a structure_ If an fc-Aes.idential lot faces into a B-Business or an
I-Zndustrial zone district, the heig��t of the fence or wall in front of the
buildiny line for structures shall �ot exce�d f our (4) teet in height.
Section 750. Service stations. , .
In any district r�hc:re permitted, a service statiou sha.11 bc� subject to the
followiag regulatio�as:
751_ The area tor use by motor vehicles, except access drives thereto, as rrell
as any structures,, shall not eucroach on aiiy reguired �+ard area_
. 752. No tuel delivery pump shall be located �ithia t�enty (20) feet from any
side lot Iine nor �rithin twenty-one {21) feet of any right-of-way line ansi no
uel pump �hall be located within fifty (50) feet of the side or rear lot lir�e
hich lies next to a residence..
53. All major repair �rork shall be 3one vithin a completely enclosed buildinq.
?54.. Al1 automobile parts, dismantled vehicles and merchandise s�all be stored
xithin ihe confines of the building ciuring the hours �hen the Lusiuess is not
operating. . _
Section 760, Sotels and wotels. , �
751. Pfotel developmeut standards. •
. 1 �finimum lot ar�a. The mi.nimum lot area shall be one (1) acreV and the
3ccess an�i eqress shall be located not closer than thirty (30] feet to the
side lot lines. The setb�ck of any str+rcture shall be fitty j50) feet from the
�rout lot li�e ou the street o� �hich the property fronts_ .
_2 Yard requirements. A minimum of twenty-tive {25) feet shall be
�rovided for both side yards and a thir�y {30j f oot rear yard shall be
pro vided. .
_ 3 Lot are �er unit_ � miuimum of one thousa�d (7a00) sguare feet shall
be requircd f or eacL Leadroom unit_
_4 Parking, height and sign reyulations_ See Article YIZ, sections 7U0,
720 and 730 respectively.
Section 770, Designed -shopping cei�ter,
In the case o� a designed sho�ping center, upon examination of the plan
by tne city and count� Flauninq commissions, if such plan meets all other
re�uirements, the side yard requiret�ents for each iLdividual buiiding may be
r•aived. In no case, ho�ever, shall any portion of such a co�bined structure �
be located nearer than thirty {3a) feet to auy side lot line of the tract on
which a building is erected_
Section 780. Special �rovisions tor large-scale residentiai cievelopments_ .
_ 1 i,arge-scale resi�iential deveiopments, vhere permitted, are subject to
the f ollo�iug conditions:
a. The developm�nt shall l�ave a miniaum area of ten (�U) acres_ '
b_ The hunsing ty�e, minimu� lot area� yard, height, and accessory uses .
shall be determir:ed by the requiremer,ts and �rocedvre set belov, �ahich
- shall prevail over conflicting re.1uirEments of this ordinance •or the
ordinance governing tne sutrdivision of the land.
2� MAR 2 0 19�
• c. The fival develo���er►t �.lan shall foliox all a��licable procedures,
standards and requiremc�nts of the or:�inance yoverniag the subdivision
of lacid_ The f1lidl developoent pian shall be prepared by and have the
seal of an architc�ct or enyiii�er duly reyistered to practice in this
state. No building �ermit shall be issued uutil a final plat of the
yroposed development is approved anci recorded.
d. The city and couuty plant�itig commissions shall review the conforaitp
of the proPosed developwent xith the standards ot the otticial land
use plati and recognized yrinciples of civil d�sign, land use planning,
and landscape architecture� Tre minimum yard aud maximum heiqht
re��u:.rements of the district ir, �rhich the development is located shall
not appiy except that minimum yards si�all be provided around the �
boundaries of the area being deve.loped. The city or county commissions
may impose conditions regardiny the layout, .circnlation and pertormance.
of the proposed development and may re�3uire that a�propriate deed
restrictions be ,filed, enforceable by the city or county f or a �eriod
of �.wenty (20) years from the date of filing. � preliminary plat
shall sho� building lines, co�amon land, streets, easements and other
ayplicable features reguired by the ordivance reyulatinq the - _
. " subdivision of land- .
e_ Tt�e buildings �ay be used for single-family dvelling's, tWo-family
dwellings or multiple-d�ellings, and usual accessory uses.� The number
of d�relling units permitted shall be determined by dividiAq the net "
development area by t�e �inimum lot area per family required by the
district of districts in �hich #.he area is locate3_ Net development
area shall be determi�ed by subtractiny the area set aside f or
crurches, schools and other iioizresider,tial uses .trom the gross
development area and deductiny twenty {20) p�r cent of the remaimder
for �treets, reyardless of t�e amount of land actually reYuired tor �
streets. Z'he area of land set aside f or common open space or
recreational use shall be iucluded in determininq the number ot
dvelling units per�itted.
.2 The city and county �lanniny commissious may hold ane or more public
hearings oa a final development plan_ The recommendatious of the city and
county planning comiaissious shall be f orvarded to the Brookings city
commission and the Brookings cauuty coa�mission, �ho s�all approve or disa�prov�e
the ac�tion of the planning commissions, uith or without modification, and af ter
public hearing. After approval by the city aud county co�missions and atter
any reguired restrictions are in effect, the zoning officer may issue permits
enabling the approved f iiial development to be carried out.
Section 790_ Change to external boundary of joint jurisdictional area_
Rny parcel of land added into the joint jurisdiction area shall herQaf ter
becoa�e subject to the ��rovisions of this zoniny ordinance most nEarlp natching
the classification existin� f or the iand in the c�ucity zoniug ciassification
then in effect tor the parcel. Differences bet�een the conditions in county
�onina practices and practices r+ithir. the joint jurisdictional area be
considered �onconforming uses after annexation. �
ARTICLE VIII. GENERAL P.kOVISIO�IS
AND E�iFUItCE�iENT
5ection 800. Amend�ents. .
80i_ P.e�uire�ents f or change. iihenever the . pnblic necessity, safety, general
�relfare or good zoning �:ractice justifies such action, and after consideration
and recommeudation by the city aad county planninq co�missions� as �rovided '
herein, the city and county commissioners may change zone district boundaries,
� �-� MAR 2 0 1980 �
use yrou�s or the regulations establis�ed by this ordi�auce after public ,
- hearing for a�hich public iiotice is yiven as reyu.ired by State laW_
802. Initiation �f cl�anqe. A ��roposed change at zone district boundarie� or
requlations may be initiated by the city or county commissio�ners, the cit�r or
cour�ty planning co��issions, or by application of otie or more ot the o►�ners of
yroperty xith the area requested to be chanqed. Annexation by the city will
automatically alter the inner bour,dary of the joint jusisdiction area to
coincide with t��e ne�r location of the city ,limit.
8�3_ Consideration. Every three (3j n�onths or at the disccetion ot the zoning
ofticer, the city and county �lanning commissions �aill set heacings to
consider requested chauyes or amendments to the zoning ordii:ance or zoninq map
p�rsuant to the provisions of this section: Public notice tor these meetings .
and chauyes to be coi�sidered shall be given by �ublishing same in a �anner
co�isistent �r.ith similar matters before the respective commission. That �is,
tl�e county planr�ii�g c�mmissio� vill follo�r their established ��rocedures and
the city planning commission xill f ollo�r their established procedures� For
pur�oses of couvienience the t�o planning commissions or the tvo elected
commissions may ct:oose to set jointly for the public hearings but �rill vote
�ndependevtlp on each rez�uest for change.
8U4_ Si�e pl�an and schedule_ All re�uests for changes in the zoninq map_.�_shall
be acco�panied bp the followirrg:
_ 1 I�tentions. A complete state�►ent yiviny reasor.s and intentions for
the planned f ut�re use of the area proposed f or amendment.
. 2 Site plan_ A site p1an, draWu to scale, showing existing ahd pr�posed ;
structures, us�s, o�en spaces, tacilities for parking and loading, and �
arrangeme�:ts for pe3estrian and vel�icular circulation of the area proposed fo�r
amendment and all abuttiny properties tiith their use and zoning district
def iued. The site plan re�3uirements taay be �aived i� the area -reguested �or
rezoniu� is large in relation to the site scheduled for immediate use or if the
zoi►ing request is in conformance s�ith the area future land use glan. ,�.
.3 A �roposed time schedule for beginning and completion ot develop�ent_
�
805. Fees and expenses_ t111 re�vests for changes in the zoning ordinanc.e or- ,
map, except those initiated by the city of county commissioners or the city ,
of coua�ty planning com.m.issions, shall be accompanied by a deposit ot twenty ,
dollars (b20,00j xhich shall be used to defray the expeuses of admiuistrative
preparation for consirleration of the reyuest-
805. Fi�aring and recoma�endation_ The plan�iug commissians may recommend
approval or disap��roval of a reyuested chanqe, either in �hole or in part.
�ecowa�endations for chai►�es shall be prese�tea to the city and couuty
ccnmissioners aud a joint ordicance eu�bodping such changes in �rhole or in part
may be adopted by t5e city and county commissioners in separate actions atter
public heariag t�:ereou. Ap.prova.l o-f both con,missiot�s is re�uired for adoptioa
of the amendment. '
8U7. Procedure for ameudment and filiug objections thereto. �ihenever the
owners ot tifty {50) per cent or more of the area of the lots in auy district
or part thereof desire ar�y dII1L'iir3IDt?At.� supplement or change in any of the
�:rovisoiis of this ordinance, applicable to such area, they nay file a Yetition
vith the zo:iiny flfficer re�ue�ting� the city and county commissioners to make
such a�nendment, sup1�le�ent or change; such petition shali be accompauied by
tt�e required maYs aud schedule under section i304 shoxing the area atfected by
�.he �ro�ose d a�endment, s�p�iement or change, together �ith tt�e houndaries
of the said area and the �ames and addresses of all the oWners on recor•d in
the ofiice of the Register of Deeds of Brookinys County, South Dakota; of lots
� 2o MAR 2 0 1980 -
therein a�d aithin a distaiice ot two hundred {2UU) feet outside of the
boundaries of said area ; and such petition shall immediately be transmitted to
the city and cour►ty plani►ing commissioiis for an iuvestigation and report_
808. Protest against change� The city and county planniny co�raissiot�s shall
file their recommendations ap�roving, disappruving or modifying the pro�osed
ameudmerit, supplement or chanye vith the city and counky commissioners within
' forty-five {�15) days thereafter.
, . 1 If any proposed amend�ent, su�.�plement or change shall be adopted, the
same shaZl be published and take effect as other ordinances unless the refer-
' endum be invoked, or unless a �+ritten protest be filed with the City Finance
Officer, signed by at least forty pEr cent of the osaners of equity in the lots
included in any �roposed district and the lands within one hundred tiftp {7S0)
feet from any part of such proposed district measured by excluding streets and .
alleys_ A corporation shall be cons�rued to be a sole owner, and xhen parcels
of land are in the name of more than one person, ownership representatian shall
be iu proportion to the nu�uber of signers �ho join in the �etition in relation
to the uumber of oxners. In the eve�t such a protest be f.iled, the ordinance
shall not become effective as to the proposed district against Which the �rotest
� has been fiZed. Such xritten protest shail not be allo�red as to any ordinar�ce
regulating or establisl�i�g flood plain areas.
_2 Whenever a petition reguesting an amendment, supplement or change of
any regulatiou prescribed by this ordiaance has ' been de�ied by the city and
county comm�.ssions, such petition cannot be rene�+ed for one �1j year thereatter
ui�less it be siyned by at least fifty (50j per cent of the property owners v�o
previouslp objected to the change; tnis provision, houever, shall �ot
prevent the city and coanty c�mmissions from actiny on tlzeir o�rn initiative in
any case or at any time as �rovided by t�is section.
ARTICLE ZX. gD�INISTBATION ,
Section 900. F�Cforcement.
The city commission kith the aFproval of the county co��uission shall
appoint a zoning officer to enforce the provisions ot this ordinance. In all
zoues except thase those zoned agricultural, it shall be the duty of the zoning
o�f icer to examine all application for permits, issue permits oniy for
construction and uses �hich are iu accor�ance vith the reyuirements of this
or3inance, record and file all appiications for permits �ith accompanyiny pla.zs
and docu�ents, and nake such reports as the city and county com�aissions may
reqnire_ Permits f or coiist.ruction and uses �rhich are a special exception or
variance to requiremetits of this ordinance shail be issued only upon order bg
the board of adjustment..Ali permits, plats and sub-division regulations
for land zoned agricultura.l shail .be obtained fro� the Coanty Zoning Officer
and the Co�lntp Planning com�cission. The County Zoning Gtficer shall keep the
zor�ing officer of the .joint jurisdictionai area informed of all actions to
maintain one co��lete set of records f or the joint area_
Nothin� herein contained shall re:�uire auy change in plans oc construction
of a lawful use, the construction of �+hich is start�d before th� effective date
of this ordinance and which is complete �rithin one (7) yeaz of t�e ef�ective
date of this ordinance. '
901_ lhis ordinance shall be enforced by the zoning officer �ho shall in no
case e�cce�t un�er a written order of the t�oard of adjustment or the city and
county commissioners, issus any permit for the erection or structural alteration
of any building, nor graut any zoning and use registration permit for ,any
building or land where the progosed erection, structural alteration, ' or use " `
therevf would be in violation of any provisions of this ordinance_
2 c� MAR 2 0 1980
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902. Meetings, P,ules aiid Hecords. The zoning ofticer shall k�ep a ��_ �
complete record of the reso.lutions, trausactious, findinys and
determiaations made by the t�io planniny commissions on matters relating to the
joint jurisd.ictional area_
903. Cost of Administration. The cost of administration of this ordinance
by the zoning afficer shall be paid in a manner to be joi�tly approved by tt�e
citp and connty commissions. The tr►o coc�u�issions may, from time to time,
jointly adopt inspection fees for'services rendered by various city and county
employees in the enforcement of this ordinance.
904. Future land use map and �uajor street plan_ From time to time the t�o
planning cbrnmissions with the assistance ot the zoning otficer shall update
the future land use e�ap and major street plan for the joint jurisdictional .
area. The develop�ent af the future land use :uap and• major• street plan shall
be made with the general purpose of building and accorrplishiAq a coordinated,
adjusted and harmonious develogment of the area xith and adjoiuinq the joint ,
jurisdictional area_ ,
. 905. P3atting jurisdiction_ From and after the time of adoption of this
ordinance �rhich includes a f uture laud use map and major street pian no plat
of a subdivision of land in the joint jurisdictional area shall be filed �r
recorded until it �as been submitted to and approved by the appropriate �"��'
co�mission. Subdivision plats of land in areas z�ned agriculture must be� .,
submitted aud approved by the county planninq commission and the county ' -
co�nmissiou. Subdivision plats of land in areas not zoued agriculture ma��be
,,:....
submitted and a�groved by the' city planninq co�mission and the city commi��sion. >
�. .
906. Sub-divisiou reyulations. Sub-division of land zoned agricultural sital�l '
be in accordance with the rec�uirewents oi the i3rookings Count�r subdivision`���'-
ardinances and subdivision of all other zoniny class.ifications shall be ia
accordance �ith the Brookinqs City subdivision ordinauces- "
� , �S!}_Y�%,.,-.�: ' . . .
907. Impruvements iu unapproved streets. From and after the time when t�e •
platting jurisdiction of this ordinance becbmes effective Kith its adoption�>
the ci�y, county or other ,�ublic authority shall not accept, lay out, open,"'� �
improye, grade, pave or light any street or lay or autnorize the layinq of
xater mains, seuers, connections or other facilities or uti�ities in any street
Vithin �he joint jurisdictional area unless such street shall have been accepted
or opened, has or shail have othetwise received the le�al status of, a public
street prior to t�e adoption of this ord.inance, or unless such street
corresponds in its loc�tion and lines with a street shoWn oa a subdivision
plat approved by the appropriate commission provided, bo�rever, that the countp
commission may accept any otrer street if t��e ordiisance or other . measure for
such location or construction or for such acceptance be first subnitted to the
city and county planniug commissions for their ap�roval, and, if disa�proved
by the planiiiug comrrissions, be passed by a majority of the entire county " ,
commission. '
908. Nev building. and u�approved streets_ From and after the time xhen
the �platting jurisdiction of this ordinat:ce becomes-etfective �ith its a3option,
no buildinq per�it shali be issued for or no building shall Y,e erected on any
lot �rithiu the joint jurisdictional area unless the street .givinq access to
the Iot in Yhich said buiiding is proposed to be placed shall be accepted or
opened as, or shall have ot�erwise received the le�al status of, a public street
�rior to that time, ar nnless such street corresponds in its location and lines
vith a street sho�n on an approved subdivision plat. . •
Any building erected in viola'tion of this section shall be deemed �an '
unla�ful structure, and the county commission may bring action to enjoin such
� � MAR 2 0 19�
. . ' , . .
erection or cause it to be vacated or removed_
Section 910. Penalties.
For each and every violation ot the }�rovisions of this ordinance, the
uwner, cvntractort or other persous interested as gei►eral ayent, architect,
eiiyineer, land surveyor, building coutractor, oyner, tenant or any other persons
xho comr�it, take part or assist in a�y violation of this ordinance or �+ho
maintain any bnilding or premises or uses o.t any land in violation of this
ordinance, shall for each and every violation be imprisoned for a period not
exceeding thirty {3U) days or be fiued not exceeding one t,undred dollars
($100. 00j or both, at the discretion of the judicial ot�icer betore Whom such
a conviction may be had. ►�henever such person shail have been otficially
notif ied by the zoniug officer or by service ot a summons in a prosecution,
or in any official �anuer, that he lias committed a violation, each day�s .
continuance of such violativn after such nutification shall. constitute a
separate offense �;unishable �y a like �tiae for penalty-
Sect.ion 920_ Permits_ �
' . 921. Zoning and use registration permits. A zoning and use registration
permit shall be obtained from the zoning officer tor ahy of the followin3:
_ '! Gccupancy and nse of a building hereafter constructed, ealarqed,
relocated, reconstructed or altered_
.2 Any cha�ge in the use af an existing bnilding. � �
; _3 Occupancy and use of vacant land, or change in the use of land except
for any use consisting primatily of tilliaq the soil.
_ 4 No such occupancy, use or chanqe or use shall take place until a
zoning and use registration permit therefor has been issued by the zoning
otficer. No zoning and use registration permit shall be issued unless the •
propose� occupancy is in full contormity �ith all the provisions of this
ordinance.
_ S A zoning and use registration permit shall be deemed 'to authorize, and
is required, for both initial and continued occupaucy and use of the building
or lai►d to which it applies, aad shall continue in effect, so lonc� as such
buildiags and tl�e use thereif or the use of such land is in full conformity
with the provisions of this ordinance and any reguirements made pursuant
thereto. H�owever, on the servinq of �rritten notice by the zoninq afficer of
any vioiation of any of said provisons or rea�uiremeuts �ith respect to any
buildiny or the use therof uf land, the zoning and use registration permit for
such use shall thereupon kitt�out turther action, be nnli and void, and a ne�
zoning aud use reyistration permit shall be reCaired for an�y further use of
such building or land_ •
922- �pplication for permits. , �pplicatioti for zoniug permits and use
registration permits shall be made to the zoning otficer in uriting upon
forms approved by the board of adjustment prior to securing building permits,
and such forms shail be fiil�d in by the owner, or authorized ageut, and shall
be accom}�anied by plans and other reyuirements of this ordinauce_ Such plans �
and data shali be final an3 cor�clusive aud any deviation therefrom shall
reguire a neW zo�ing permit_
923e Aypeals. Appeals from the decision of the zoning otticer �ay be made to
the board of adjustment by any person agyrieved, by an otficer of the city or
county or member of the city or coun,ty commissioiiers. The a�plicant shall
file xith the zo;�ing officer and �ith the board of adjustmeut a notice of
� appeal specif�ing the gtound tuereof. The zoning officer shall forth�rith
trans�nit to the board all papers constituting the record upon Which the action
a�pealed from was taken., Such appeal shall be taken r�ithin a reasonable time
as �rovided Y:y the rules of the board.
3/ MAR 2 0, �s8p
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924. Fee for appeal. Any Yerso� desiring to ap�eal trom the decision ot the
zor,ing ofticer shall pay a f�e of ten dollars (:`v10_OU) to the City Fivance
Offic�r and the recei�t for same shall be attached to tl�e notice of appeal to be
delivered to the zoniny oFficer, provided that otficers of the city and county
or memLers of the city aud county co�;missioz�er are exempt f rom the provisions
tcereof. No a�,�eal shall be cor�sidered until the tee has been paid as �rovided
herein.
92S. �uustruction and building practices. All ne� cotistruction, remodelinq
or modificat�un to existiuy stractures in the agricultural zone must conform .
to all the reguirements fvr sic�ilar structures or modifications required bp
Brooicings County ordivances relative to such matters aiid aryroved aad eaforced
by the Brookings County Zoning officer. Ali nev construction, ,
rewodeZing ar modificatiou to existiny structures in all zoues except
ayricultural must conform to ali rec�uirements for similar structures or
modifications re�uired by Brookinys City ordinances� relative to such matters
and approved anfl enforced by the joint area zotiing otficer. ,
Section 930. Board ot adjustment_
��:.
931_ Agric ultural Zone..
All matters requiring administrative reviev, consideration ot special
exce�tions or the cousideration of variances in agriculural zoue areas shall
be considered using procedures established by the Brookings Couuty Zoninq and
Sub-Division �egula�i�ns. s�
932. All zones except Agricultural_
ror all natters re�uiring administrative revie�, cousiderations of special
exceptions or the consideration of variances in all areas except those zoned
agricultural shall be considered using procedures estanlished by the Zoning
Ordi�iar,ce of the City af nrookings.
Section 9�0. Conflict, validity and interpretation.
�41. Conflict �rith other ordinances. All ordinances and parts of ordii�ances
to the extent that they are inconsistent with the provisious hereof, are hereby
superseded.
942_ Yalidity_ Should auy section, ciause or _provision ot this ordinance be
declared invalid, such shall not affect the validity of the remaining portions
of this ordii�ance.
943. I«�er pretation. Iu the inter�retation ai►d application the provisions of
t�is ordinance shall �e held to be mitiimu� rec�uirements adopted f or the
promotiun of the public health, safety, �aorals and qeneral velfare- Among other
purposes, s�ch provisions are intei�ded to �rovide tor ade3�ate light, air and
co�venience of access; to l�ssen con�estion in the streets; to secure satety •
from fire and other 3anyers; tv avoid undue coacentration �f popnlation by
regulating and limitiny the hei�ht and buld of buildings �+herever erected, to
li�ait and determiAe the size of yards, courts and other o�en s�aces; to
regnla�e the density of popnlation; all with reasonable consideration to the
characLer of the district aad its �eclliar suita�ility for �articular uses, and
vith a vie�r to conserving the value of property au� encouraginq the most
appropriate use of laiid throuyF�out the area snrrouuding �he City of Broakings,
South �akota_ AlI zoi►ing chauyes from an agricultural classification to non-
ayricuitural use are intended to be made �ith consideration tor the efficient
and ecouomic grotith of �he City of Pro�kings. •
3z F1AR 2 0 1980
� - : , . / . . .
:nr� e���e��—��ew th c, �.o...Gity o f Rrook i n�G �
R ICL
A T E X. ENACTMENT DATE
Section 1000.
This ordinance shall take effect immediately upon its passage and
publication according to law.
By the county: By the city: • •
First reading (June 3, 1980 ) First reading (May 27, 1980 )
Second reading (June 24, 1980 ) . Second reading (June 24, 1980 )
Passed and Approved (June 24, 1980 ) Passed and Approved (June 24, 1980)
George Messner, Chairman Roger Prunty, Mayor
Attest: Attest:
Alvin Schitltz Boyce Smith
County Auditor City Finance Officer