§ 159.142 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.

   The maximum height and minimum lot requirements within the RA-1 residential district shall be as follows.

   (a)   General requirements.

	Density (Sq. Ft.)	Lot Area (Sq. Ft.)	Lot Width	Front Yard	Side Yard	Rear Yard	Maximum Height
Multiple dwellings						Smaller of 25 ft. or 25% of lot depth
3 to 8 dwelling units	2,500	7,500	50 ft.	25 ft.*	7 ft.**		45 ft.
9 to 12 dwelling units	2,500	7,500	75 ft.	25 ft.*	15 ft.		45 ft.
Over 12 dwelling units	2,500	30,000	100 ft.	25 ft.*	15 ft.		45 ft.
Rooming houses	200/bed	5,000	50 ft.	25 ft.*	5 ft.**		45 ft.
Single-family dwelling	5,000	5,000	50 ft.	25 ft.*	5 ft.**		45 ft.
Two-family dwelling	2,500	5,000	50 ft.	25 ft.*	5 ft.**		45 ft.
Townhouses	2,400	5,000	16 ft.	25 ft.*	0 ft. or 10 ft. on non-party wall side		45 ft.
Other allowable uses	--	5,000	50 ft.	25 ft.*	15 ft.**		45 ft.
*   The front yard along the side street side of a corner lot may be reduced to 20 feet.
**   The side yard will be required to be increased to ten feet when the building is three stories in height or more.

 

   (b)   There shall be a required front yard on each street side of a double frontage lot.

   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 8.08) (Ord. 20-02, passed 3-18-2002)

C COMMERCIAL DISTRICT

§ 159.155 INTENT.

   This district is intended to provide for a wide variety of commercial uses generally located at major intersections and along major roads. This district will include general commercial uses requiring large land areas, extensive retail operations and outdoor display.

(1992 Code, App. C, § 9.01) (Ord. 20-02, passed 3-18-2002)

§ 159.156 PERMISSIVE USES.

   A building or premises shall be permitted to be used for the following purposes in the C commercial district:

   (a)   Office;

   (b)   Bank or financial institution;

   (c)   Group day care, day care center, group home;

   (d)   Mortuary;

   (e)   Indoor recreational facility;

   (f)   Nursery or greenhouse;

   (g)   Church; and

   (h)   Personal services.

(1992 Code, App. C, § 9.02) (Ord. 20-02, passed 3-18-2002)

§ 159.157 PERMITTED SPECIAL USES.

   A building or premises may be used for the following purposes in the C commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for those uses in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Retail and wholesale trade or service, provided:

      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;

      (2)   There is no storage of a regulated substance; and

      (3)   The building contains 10,000 square feet of area or less.

   (b)   Veterinarian clinic provided there is no outside kenneling of dogs;

   (c)   Frozen food locker provided there is no slaughtering of animals on the premises; and

   (d)   Antenna support structure, subject to, stealth design approved by the county planning director.

   (e)   Medical cannabis dispensary.

      (1)   The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.

      (2)   The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.

      (3)   The facility shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a single-family dwelling, church, elementary, middle, or high school licensed by the state, day care, public use facility, park, or other medical cannabis dispensaries.

      (4)   The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.

      (5)   The facility shall be limited to hours of operation not earlier than 8:00 a.m. and not later than 10:00 p.m.

      (6)   There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.

      (7)   No one under the age of 18 shall be permitted in the facility.

      (8)   No use of medical cannabis shall be permitted on the premises of the facility.

      (9)   The facility shall submit a disposal plan to, and obtain approval from the planning director or his or her designee. Medical cannabis remnants and byproducts shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

      (10)   The facility shall submit a security and fire protection plan to and obtain approval from the planning director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.

      (11)   The facility shall submit a site plan for approval by the planning director or his or her designee and a floor plan for approval by the planning director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(1992 Code, App. C, § 9.03) (Ord. 20-02, passed 3-18-2002; Ord. 114-21, passed 9-28-2021)

§ 159.158 CONDITIONAL USES.

   A building or premises may be used for the following purposes in the C commercial district if a conditional use permit for that use has been obtained in conformance with the requirements in §§ 159.390 through 159.399:

   (a)   Drive-in theater;

   (b)   Warehouse/mini-warehouse;

   (c)   Bar, lounge or adult use;

   (d)   Equipment sales, display and repair;

   (e)   Motor vehicle sales, display, service and rental;

   (f)   Auto body shop;

   (g)   Transportation, including gasoline service station, truck stop and terminal;

   (h)   Recycling facility;

   (i)   Fireworks sales provided sales are conducted from a permanent building when business operations exceed nine days;

   (j)   Uses which store or handle a regulated substance;

   (k)   Lumberyard;

   (l)   Contractor’s shop and storage yard;

   (m)   Car wash;

   (n)   Airport/heliport;

   (o)   Hospital;

   (p)   Hotel or motel;

   (q)   Motor vehicle repair shop;

   (r)   Public utility facility;

   (s)   Campground;

   (t)   Commercial recreation facility;

   (u)   Wind energy conversion system in conformance with § 159.287;

   (v)   Broadcast tower;

   (w)   Electrical substation;

   (x)   Telecommunications tower;

   (y)   Off-premises signs in conformance with §§ 159.350 through 159.355; and

   (z)   Solar energy conversion system.

(1992 Code, App. C, § 9.04) (Ord. 20-02, passed 3-18-2002; Ord. 37-14, passed 6-24-2014)

§ 159.159 ACCESSORY USES.

   Accessory uses permitted in the C commercial district are accessory buildings and uses customarily incident to any permitted uses in this district.

(1992 Code, App. C, § 9.05) (Ord. 20-02, passed 3-18-2002)

§ 159.160 PARKING REGULATIONS.

   Parking within the C commercial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 9.06) (Ord. 20-02, passed 3-18-2002)