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For the purpose of promoting the public health, safety, morals, convenience, and the general welfare of the community, the town is hereby divided into districts of ten different types, each being of such number, shape, kind, and area, and such common unity of purpose, and adaptability of use that are deemed most suitable to carry out the purpose of this chapter.
Zoning Districts |
Zoning Districts | |
RS | Residential stick built |
R1 | Stick built or manufactured homes |
R2 | Manufactured homes |
RU | Recreational Use |
CO | Commercial |
GI | General Industrial |
AG | Agricultural |
GP | Government/Public Use |
FW | Floodway District |
RA | Residential Agriculture |
(Ord. 10.6, passed 3-17-2009; Ord. 10.6R.A2, passed 2-17-2015)
(A) The location and boundaries of the zoning districts established by this chapter are denoted and defined as shown in the map entitled "Zoning Map of the City of Hermosa, South Dakota", adopted March 17, 2009, and certified by the City Finance Officer. The map, together with everything shown thereon, is hereby incorporated into this chapter as if fully set forth and described herein.
(B) The zoning map shall be kept and maintained at the Hermosa Town Office and shall be available for inspection and examination by members of the public during office hours as any other public record.
(Ord. 10.6, passed 3-17-2009)
Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the zoning map, the following rules shall apply.
(A) Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the center lines of such streets, highways, or alleys.
(B) Boundaries shown as following or approximately following platted lot lines or other property lines, shall be construed to be said boundary lines.
(C) Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
(D) Boundaries shown as following or approximately following the center line of streams, rivers, or other continuously flowing water courses shall be construed as following the channel center line of such water courses and the said boundaries shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated.
(E) Boundaries shown as following or closely following the limits of political jurisdictions shall be construed as following such limits.
(F) Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive districts shall govern the entire parcel in question, unless otherwise determined by the governing body.
(G) Whenever any street, alley, or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.
(Ord. 10.6, passed 3-17-2009)
DISTRICT REGULATIONS
(A) General description. This district is to provide for residential development. The principal uses of land range from residences, to uses which are functionally compatible with residential uses, recreational, religious, educational facilities, and other related uses in keeping with the residential character of the district may be permitted on review by the governing body. All structures in the RS District will be stick built.
(B) Permitted principal and accessory uses and structures. Property and buildings in the Residential District (RS) area shall be used only for the following purposes:
(1) Detached single-family dwellings, but not including manufactured homes;
(2) Two-family dwellings;
(3) Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work;
(4) Transportation and utility easements, alleys, and rights-of-way; and
(5) Accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.
(C) Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with provisions contained in § 155.86.
(1) Churches or similar places of worship, with accessory structures, but not including missions or revival tents;
(2) Elementary or high schools, public or private;
(3) Public parks, playgrounds and playfields, greenways, and neighborhood and municipal buildings and uses in keeping with the character and requirements of the district;
(4) Libraries, museums, and historical monuments or structures;
(5) Public utilities, substations, and pumping stations, subject to § 155.55(C)(2);
(6) Golf courses or country clubs, with adjoining grounds of not less than 60 acres, but not including miniature courses and driving tees operated for commercial purposes;
(7) Medical facilities, except veterinary hospitals or clinics;
(8) Home occupations as regulated in § 155.64;
(9) Private daycare nurseries and kindergartens, as regulated in § 155.55(C)(3);
(10) A planned residential development as regulated in § 155.55(A); and
(11) Signs, as regulated in § 155.62.
(D) Area regulations. All buildings shall be set back from street right-of-way lines and lot lines to comply with the following line requirements. Setbacks may be reduced up to 10% with the approval of the Planning and Zoning Commission and the Board of Trustees.
(1) Front yard.
(a) For single, two-family dwellings the minimum depth of the front yard shall be 20 feet and in no case shall an accessory building be located to extend into the front yard.
(b) Churches and other main and accessory buildings, other than dwellings, shall have a front setback of 25 feet.
(2) Side yard.
(a) For dwellings, located on interior lots, there shall be side yards of not less than ten feet.
(b) For unattached buildings of accessory use there shall be a side yard of not less than eight feet.
(c) Churches and other main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall set back from all side lot lines a distance of not less than 25 feet.
(3) Rear yard.
(a) For main buildings, there shall be a rear yard of not less than 15 feet.
(b) Unattached buildings of accessory use shall not be located closer to any rear lot line than five feet.
(4) Intensity of use.
(a) For each single-family dwelling and building accessory thereto, there shall be a lot area of not less than 7,500 square feet.
(b) For each two-family dwelling there shall be a lot area of not less than 7,500 square feet.
(c) For churches and other main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this section and the off-street parking areas required in § 155.59; provided, however, that the lot for a church shall not be less than 30,000 square feet.
(5) Maximum lot coverage. Main and accessory buildings shall cover not more than 40% of the lot area.
(E) Height regulations. No main building shall exceed two and one-half stories or 35 feet in height, except as provided in § 155.57.
(Ord. 10.6, passed 3-17-2009)
(A) General description. This district is to provide for residential development. The principal uses of land range from residences, to uses which are functionally compatible with residential uses, recreational, religious, educational facilities, and other related uses in keeping with the residential character of the district may be permitted on review by the governing body. All structures in the R1 District will be on a permanent foundation.
(B) Permitted principal and accessory uses and structures. Property and buildings in the Residential 1 District (R1) area shall be used only for the following purposes:
(1) Detached single-family dwellings, but not including manufactured homes under 24 feet wide;
(2) Two-family dwellings;
(3) Temporary buildings for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work;
(4) Transportation and utility easements, alleys, and rights-of-way; and
(5) Accessory uses and buildings, provided such uses are incidental to the principal use and do not included any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.
(6) Accessory dwelling units:
(a) One, and only one, accessory dwelling unit shall be allowed on any lot containing a single-family dwelling. An accessory dwelling unit shall not be allowed under § 155.54 on a lot that contains more than one dwelling unit. Both the ADU and the primary residence shall comply with state Building Code and Fire Code regulations for construction, minimum living space, fire exits and smoke alarms.
(b) Except as provided elsewhere in § 155.54, in order for a lot to be eligible for an accessory dwelling unit, the lot and all proposed structures and additions to existing structures shall conform to all zoning regulations as follows.
1. Any municipal regulation applicable to single-family dwellings shall also apply to the combination of a principal dwelling unit and an accessory dwelling unit including, but not limited to, lot area, yards, open space, off-street parking, building coverage, and building height.
(c) All accessory dwelling units shall comply with the following standards:
1. The principal dwelling unit and the accessory dwelling unit shall not be separated ownership (including by condominium ownership).
2. Either the principal dwelling unit or the accessory dwelling unit shall be occupied by the owner of the dwelling as his or her principal place of residence. The owner shall provide documentation demonstrating to the satisfaction of the city that one of the units is his or her principal place of residence.
(d) When the property is owned by one or more trusts, one of the dwelling units shall be the principal place of residence of the beneficiary(ies) of the trust(s).
(e) Neither the principal dwelling unit nor the accessory dwelling unit shall be used for any business, except that the property owner may have a home occupation use in the unit that he or she occupies as allowed or permitted elsewhere in this chapter.
(f) An attached accessory dwelling unit (AADU) shall comply with the following additional standards:
1. An interior door shall be provided between the principal dwelling unit and the accessory dwelling unit.
2. The accessory dwelling unit shall not have more than two bedrooms and shall not be larger than 800 square feet gross floor area. For the purpose of this provision, gross floor area shall not include existing storage space, shared entries, or other spaces not exclusive to the accessory dwelling unit. Minimum size is 200 square feet.
(g) Any exterior changes to the single-family dwelling shall maintain the appearance of a single-family dwelling. If there are two or more doors in the front of the dwelling, one door shall be designed as the principal entrance and the other doors shall be designed to appear to be secondary.
(h) A detached accessory dwelling unit (ADU) shall comply with the following additional standards:
1. In a General Residence district, the combination of the principal dwelling and the ADU shall comply with the minimum lot area per dwelling unit specified for the district.
2. The ADU shall not have more than two bedrooms and shall not be larger than 800 sq. ft. gross floor area; except that the maximum gross floor area shall be 1,000 sq. ft. if the lot area is two acres or more. Not covering more than 40% of available land.
3. The ADU shall be separated from the single-family dwelling by at least 20 feet.
4. One off-street parking space shall be required.
(i) Before granting a conditional use permit for an attached or detached ADU, the Planning Board shall make the following findings.
1. Exterior design of the ADU is consistent with the existing principal dwelling on the lot. The site plan provides adequate and appropriate open space, landscaping, and off-street parking for both the ADU and the primary dwelling.
2. The ADU will maintain a compatible relationship to adjacent properties in terms of location, design, and off-street parking layout, and will not significantly reduce the privacy of adjacent properties.
3. The ADU will not result in excessive noise, traffic, or parking congestion.
(j) A certificate of use issued by the Planning Department is required to verify compliance with the standards of this section, including the owner occupancy and principal residency requirements. Said certificate shall be issued by the Planning Department upon issuance of a certificate of occupancy by the Inspection Department.
(7) Planned unit development:
(a) Tiny house subdivision: A subdivision of land which promotes the development of tiny houses 200 to 800 square feet as a primary residential dwelling unit.
(b) Tiny homes, built as a two-story structure (maximum 30 feet) may be allowed in a planned unit development.
(c) Tiny house subdivision standards:
1. Tiny house subdivisions will consist of individual dwelling structures 200 to 800 square feet. The purpose of small lot subdivision is to encourage affordable housing, infill development and sustainable practices. All PUD and subdivision standards shall apply to tiny home subdivisions. Additional standards are required as follows: tiny house subdivisions can occur in R2 zoning.
2. Tiny house subdivisions may only be approved with the review and approval of a planned unit development (PUD) conditional use process.
3. Small lot subdivisions are not condominiums, multi-family, mobile homes or recreational vehicles. Properties are titled in fee simple.
4. Small lot homes must be structurally independent, with no shared foundations or common walls.
5. Lot size will be relative to accommodate the square footage of the tiny home; minimum lot size to accommodate a 400 - 800 square foot house is 1,600 square foot lot.
6. Side setbacks will be five feet and rear setbacks are ten feet.
7. Fifty percent open space is required.
8. Parking density; two on-site parking spaces per lot.
9. Tiny homes are required to connect to City of Hermosa water and sewer service lines.
10. These are private residential homes; not seasonal and not intended for commercial use.
(C) Uses permitted on review. The following uses may be permitted on review by the governing body in accordance with provisions contained in § 155.86:
(1) Churches or similar places of worship, with accessory structures, but not including missions or revival tents;
(2) Elementary or high schools, public or private;
(3) Public parks, playgrounds and playfields, greenways, and neighborhood and municipal buildings and uses in keeping with the character and requirements of the district;
(4) Libraries, museums, and historical monuments or structures;
(5) Public utilities, substations and pumping stations, subject to § 155.55(C)(2);
(6) Golf courses or country clubs, with adjoining grounds of not less than 60 acres, but not including miniature courses and driving tees operated for commercial purposes;
(7) Medical facilities, except veterinary hospitals or clinics;
(8) Home occupations as regulated in § 155.64;
(9) Private daycare nurseries and kindergartens, as regulated in § 155.55(C)(3);
(10) A planned residential development as regulated in § 155.55(A); and
(11) Signs, as regulated in § 155.62.
(Ord. 10.6, passed 3-17-2009; Ord. passed 4-19-2022)
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