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Vermillion, SD Code of Ordinances
VERMILLION, SOUTH DAKOTA CODE OF ORDINANCES
CURRENT OFFICIALS of the CITY OF VERMILLION, SOUTH DAKOTA
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.061 DAKOTA COMMONS PLANNED DEVELOPMENT DISTRICT.
   (A)   The purpose of this district is to provide for mixed use (commercial and high density residential) development in single use and/or mixed use structures. District commercial establishments and high density multi-family residential apartments are intended to be integrated to provide convenient apartment living, along with shopping and dining, located adjacent to the major streets that serve the area, while also serving the general shopping and dining needs of the trade area. Site and architectural design shall be compatible with and sensitive to adjacent residential development, striving to preserve and protect residential property values.
   (B)   All city ordinances apply to the Dakota Commons Planned Development District except for those modified below.
      (1)   Permitted uses. A building or lot shall be permitted to be used for the following purposes (multiple uses may be allowed in 1 building or lot):
Permitted Uses
Applicable Standards
Permitted Uses
Applicable Standards
Retail trade and service
Offices, non-commercial, non- construction and non-industrial
Personal service
Restaurants
Drug store
Arcade
Day care center
Adequate and safe playground area with fence 4 feet high.
A safe pickup and drop off area must be provided for the children.
Commercial recreation facility
Dwelling, multiple-family
Auditoriums, theaters, and places of public assembly
Accessory building or use
Off-premise parking lot
 
      (2)   Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated.
Lot Area
Lot Width
Front yard
Side Yard
Rear Yard
Maximum Height
Lot Area
Lot Width
Front yard
Side Yard
Rear Yard
Maximum Height
Residential structures or portions of structures used for residential
30,000 square feet
50 feet
25 feet
10 feet
10 feet
60 feet
Non-residential structures or portions of structures used for non-residential
7,000 square feet
50 feet
15 feet
5 feet
10 feet
60 feet
Accessory building or use
NA
NA
Not permitted
5 feet
5 feet
12 feet
Off-premise parking lot
NA
10 feet
0 feet
0 feet
NA
Exceptions:
(1) The side yard will be required to be increased to 15 feet when the building is 3 stories in height or more.
(2) No side yard or rear yard is required where a lot is adjacent to or abuts upon a commercial, industrial, or mixed use district.
(3) One required front yard may be reduced to 20 feet on corner lots.
(4) One required parking lot front yard may be reduced to 8 feet on corner or double frontage lots.
(5) Two required front yards may be reduced to 20 feet on lots with more than 2 frontages.
(6) More than 1 main building per lot may be constructed.
 
      (3)   Property re-division. All future property re-division shall require a re-platting of the affected parcels. The Planned Development District may be required to be amended depending on property re-division.
      (4)   Ingress/egress easements. Future transfer of ownership which creates a landlocked parcel shall require a dedicated ingress/egress easement for the issuance of a building permit.
      (5)   Parking regulations. Parking shall comply with § 155.072, except as noted below.
         (a)   Shared parking is encouraged. The total parking required may be provided anywhere within the district, regardless of property lines.
         (b)   The number of required automobile parking spaces may be reduced up to 7% according to the following procedure:
            1.   Two bicycle parking spaces may be provided in lieu of each required automobile parking space; and
            2.   Each bicycle parking space shall include a metal anchor which will secure the frame and both wheels in conjunction with a user-supplied lock.
            3.   Bicycle parking spaces shall be as close to the main building entrance as the most convenient non-handicapped auto space, without interfering with pedestrian movement.
            4.   Bicycle spaces shall be located and designed to prevent damage to bicycles from motor vehicles.
         (c)   Required parking shall be dedicated to the occupants and located as close to the building served as possible.
         (d)   A fence, wall, berm, or shrubbery 4 feet in height and of a character necessary for adequate screening of a parking lot from adjacent residentially used property shall be provided.
      (6)   Visibility at intersections and driveways. Safety zones shall comply with § 155.070.
      (7)   Accessory use and structures. Shall comply with § 155.071.
      (8)   Off-street loading requirements. Shall comply with § 155.073.
      (9)   Fences. Fences shall comply with § 155.074(A), (B) and (C), except for fences used to enclose recreational areas that may comply with § 155.074(G).
      (10)   Site-built dwelling standards. Shall comply with § 155.076.
      (11)   Landscaping standards. Shall comply with § 155.077. Lighting for parking lots shall be constructed so as to prevent light pollution to surrounding properties.
      (12)   Non-conforming uses and structures. Shall comply with § 155.083.
      (13)   Sign regulations. Signs shall be regulated by Chapter 152 of this code. Regulations shall be those used in the NC and R-3 Districts.
(Ord. 1368, passed 2-5-2018; Am. Ord. 1409, passed 12-2-2019)
§ 155.062 JOLLEY PLANNED DEVELOPMENT DISTRICT.
   The purpose of this district is to provide for certain low-density residential areas. All city ordinances apply to the Planned Development District except for those modified below.
   (A)   Area A (low-density, single-family detached residential uses).
 
Permitted Uses
Applicable Standards
Dwelling, single-family detached
Accessory building or use
§§ 155.071, 155.082(A) (see definition)
 
   (B)   Area B (low-density, single-family detached residential uses).
 
Permitted Uses
Applicable Standards
Dwelling, single-family detached
Accessory building or use
§§ 155.071, 155.082(A) (see definition)
 
   (C)   Area C (park space).
 
Permitted Uses
Applicable Standards
Neighborhood utility facility
Public park areas
 
   (D)   Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated.
 
Lot Area
Frontage
Building Line
Front Yard
Side Yard
Rear Yard
Maximum Height
Area A uses
9,100 square feet
65 feet
65 feet
40 feet
8 feet
15 feet
35 feet
Area B uses
7,800 square feet
65 feet
65 feet
25 feet
8 feet
15 feet
35 feet
All other uses
9,100 square feet
65 feet
65 feet
40 feet
8 feet
25 feet
35 feet
Exceptions:
(1)   The side yard will be required to be increased by 10 feet when the building is 3 stories in height or more.
(2)   There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(3)   See also adjustments to yard regulations (§ 155.082) for other specific exceptions.
(4)   One required front yard may be reduced to 25 feet on comer lots.
 
   (E)   Property re-division. All future property re-division shall require a re-platting of the affected parcels. The Planned Development District may require an amendment on property redivision.
(Ord. 1499, passed 12-18-2023)
ADDITIONAL USE REGULATIONS
§ 155.070 VISIBILITY AT INTERSECTIONS AND DRIVEWAYS.
   (A)   Intersection safety zones. No fence, wall, shrub or other obstruction to vision exceeding 3 feet in height above the established street grade shall be erected, planted or maintained within a triangular area of a corner lot that is included by measuring straight lines along the curb lines at points 40 feet distant in each direction from the intersection of the curbs and a straight line connecting the first 2 lines (see Figure 1).
   (B)   Driveway safety zones. No fence, wall, shrub, or other obstruction to vision exceeding 3 feet in height above the established street grade shall be erected, planted, or maintained within the area from the curb line to 10 feet behind the curb line (see Figure 1).
 
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019) Penalty, see § 155.999
§ 155.071 ACCESSORY USE AND STRUCTURES.
   Accessory uses and structures shall conform to the following standards:
   (A)   A private residential garage used only for the accessory storage of the primary structure. Roofing and siding materials shall be of a type customarily used on site-constructed residence.
   (B)   Any accessory building that covers more than 120 square feet shall be secured to the ground to prevent the structure from being moved or damaged by high winds.
   (C)   Accessory buildings may not be used for dwelling purposes.
   (D)   Accessory buildings in excess of 750 square feet in area should be approved only if there is a legitimate residential purpose for accessory buildings. Special care should be taken to ensure that the applicant is not using the structure for the operation of any business and that the applicant understands that any commercial or industrial use would not be permitted in the accessory building.
   (E)   Yard setbacks may be adjusted as according to § 155.082 .
   (F)   Chicken coops.
      (1)   Chicken coops and the attached chicken run shall be considered an accessory structure if more than 120 square feet.
      (2)   Any chicken coop must follow the regulations outlined in Chapter 93 of the City of Vermillion revised ordinances.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1338, passed 6-20-2022)
§ 155.072 OFF-STREET PARKING.
   (A)   General conditions.
      (1)   No parking spaces are permitted in the required front yard in any district, except as follows:
         (a)   Single-family detached dwellings, single-family attached dwellings and multiple-family dwellings (maximum of 2 dwelling units) are permitted to provide off-street parking on driveways constructed according to city standards.
         (b)   Multiple-family dwellings (more than 2 dwelling units) located in the R-3 zoning district may provide no more than 25% of the required area for parking in the required front yard.
         (c)   Commercial uses located in the NRC, GB, NC, GI and HI districts may provide required parking in the required front yard.
      (2)   Parking spaces may be permitted in any required rear yard.
      (3)   All parking spaces shall be connected to a public street or alley.
      (4)   Except in conjunction with a legal nonconforming business, it is unlawful for any person to park, store, leave, or permit the parking, storing or leaving of any commercial vehicle with a gross vehicle weight rating (GVWR) of over 13,000 pounds in a NRC, R-1, R-2, R-3 or R-4 zoning district, unless the vehicle is parked in connection with the performance of a service. The transferring of refuse from a smaller satellite vehicle to a large packer garbage truck is prohibited.
      (5)   All parking, loading, and maneuvering and drive areas thereto shall be hard surfaced with asphalt or concrete.
      (6)   The parking requirements in this section are only applicable for residential uses, motels and boarding houses in the CB Central Business District. All other uses in the CB Central Business District are exempt from the parking requirements in this section.
      (7)   Off-street parking shall be located on the same zoning lot as the principal use served. Parking required in the CB Central Business District only needs to be within the same zoning district.
   (B)   Required parking spaces.
      (1)   In computing the number of required off-street parking spaces, the floor area shall mean the gross floor area of the specific use, excluding any floor or portion used for parking. Where fractional spaces result, the parking spaces required shall be the nearest whole number. For the number of off-street parking and loading spaces required in all other districts, see Table 1 below:
Table 1: Minimum Off-Street Parking and Loading Requirements
Uses and Structures
Minimum Parking Requirements
Uses and Structures
Minimum Parking Requirements
Boarding houses, fraternities and sororities
If a new parcel previously undeveloped, then 1 parking space for each 200 square feet of floor area.
If an existing parcel previously used as a boarding house, or fraternities and sororities, the applicant shall provide the city the current number of residents and the existing number of off-street parking shall be subtracted from the current number of residents to determine the current on- street parking demand. The applicant shall also provide the city the proposed number of residents that will live in the new building. The current on-street parking demand shall be subtracted from the proposed number of residents that will live in the new building. This value will be the required off-street parking that will need to be provided for. In calculating the required parking spaces, these uses may be permitted to include off-street parking available on a different lot, or zoning lot, then the use served, subject to approval of the use through the conditional use permit process. Parking spaces may not count towards more than 1 use.
Bowling alleys
4 spaces per lane
Church or temple
1 space for each 4 seats in main seating area
Private club or lodge
1 parking space for each 300 square feet of floor area
High school (grades 9th through 12th)
4 spaces for each classroom or office room, plus 1 for each 150 square feet of seating area in any auditorium or gymnasium or cafeteria intended to be used as an auditorium
Elementary or middle school (grades up to, and including, 8th grade)
2 spaces for each classroom or office room, plus 1 for each 150 square feet of seating area in any auditorium or gymnasium or cafeteria intended to be used as an auditorium
Eating and drinking places
1 space for each 300 square feet of gross floor area
Hospitals
1 space for each bed
Nursing, convalescent and rest homes
1 space for each 3 beds
Auditoriums, theaters and places of pubic assembly
1 space for each 4 seats of design capacity
Hotels and motels
1 space for each 2 rental rooms
Funeral homes
1 space for each 4 seats in the chapel
Retail sales establishments
1 space for each 300 square feet of floor area
Medical and dental clinics
1 space for each 2 staff members and full-time employees, plus 1 space for each 600 square feet of gross floor area
Manufactured home parks
2 spaces for each
Industrial uses
1 space for each 2 employees on the maximum working shift
Service establishments
1 space for each 300 square feet of floor area
Wholesale and distribution establishments
1 space for each 2 employees on the maximum working shift
 
      (2)   For parking requirements for dwellings (excluding manufactured homes) see Table 2 below.
         (a)   Below are several options for a property owner to take when building off- street parking. The process starts with division 1. below. If the requirements cannot be met, then proceed to division 2. below, and so on. All other ordinances still apply to the construction. Options:
            1.   Off-street parking to be in the existing driveway (side-by-side or back-to-back); if not, then
            2.   Existing driveway may be widened to provide side-by-side parking along the front side of the property. The portion widened may not be in front of the residence; if not, then
            3.   Properties with alleyway access may construct the parking area along the rear of the property with access from the alleyway; if not, then
            4.   Off-street parking may be constructed in the rear yard; if not, then
            5.   Existing driveway may be widened to provide side-by-side parking along the front side of property. A portion widened may be in front of the residence. The maximum distance for the portion in front of the residence to be widened will be 4-feet and shall be hard surface.
      (3)   Alternate parking requirements for those uses listed in division (A)(1)(a) of this section shall allow for 1 parking stall within the garage to count towards the off-street parking requirements. In order for the alternate parking requirements to be utilized, the following criteria must be met:
         (a)   Each dwelling unit shall have the garage located within 10 feet of the unit (measured from the closest point of the dwelling unit to the closest point of the garage unit);
         (b)   Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and
         (c)   The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose.
      (4)   Alternate parking requirements for multiple-family dwellings (larger than 2 dwelling units) shall allow for single stall garages to count as 0.5 off-street parking spots, and for double stall garages, or larger, to count as 1 off-street parking spots. In order for the alternate parking requirement to be utilized, the following criteria must be met:
         (a)   Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and
         (b)   The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose.
Table 2: Minimum Off-Street Parking and Loading Requirements for Residential Uses
 
Uses and Structures
Minimum Parking Requirements
Single-family detached
2 parking spaces per each dwelling unit
Dwelling, single-family attached
2 parking spaces per each dwelling unit
Multiple-family (maximum of 2 dwelling units)
2 parking spaces per each dwelling unit
Multiple-family (three or more dwelling units)
1.5 parking spaces per each 1-bedroom unit;
2 parking spaces per each 2-bedroom unit;
3 parking spaces per each 3-bedroom unit;
4 parking spaces per each 4-bedroom unit;
Plus 10% of the total number of dwelling units
 
      (5)   All other uses not specified in the above tables shall have minimum off-street parking and off-street loading spaces as determined by the City Council.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1276, passed 5-21-2012; Am. Ord. 1340, passed 5-16-2016; Am. Ord. 1354, passed 6-5-2017; Am. Ord. 1367, passed 2-20-2018; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1471, passed 9-19-2022; Am. Ord. 1513, passed 4-1-2024) Penalty, see § 155.999
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