Section
General Provisions
151.001 Title and application
151.002 Chapter provisions
151.003 Official zoning map
Zoning District Regulations
151.020 Application of district regulations
151.021 Non-conforming uses
151.022 District regulations
151.023 “A” Agricultural District
151.024 “R” Single-Family Residential District
151.025 “C” Commercial District
151.026 “HC” Highway Commercial District
151.027 “I” Industrial District
Administration
151.040 General
151.041 Administrative Official
151.042 Board of Adjustment
151.043 Planning Commission
151.044 Procedures for applications
Supplemental Regulations
151.060 Fences
151.061 Accessory uses
151.062 Signs and outdoor advertising
151.063 Parking
151.064 Structures to have access
151.065 Yards
151.066 Erection of more than one principal structure on a lot
151.067 Private wastewater treatment systems (septic tanks)
151.068 Manufactured home provisions
151.069 Permanent foundations required for dwellings
151.070 Utility easements
151.071 Moved-in buildings
151.072 Moved-out buildings
151.073 Screening
151.074 Maintenance
151.075 Refuse
151.076 Exempt structures
151.077 Lighting standards
151.078 Cannabis establishments
151.079 Bed and breakfasts (B&Bs)
151.080 Home occupations
151.081 Caretaker/watchman’s quarters
151.082 Private storage as a conditional use
Definitions
151.100 General definitions
151.999 Penalty
GENERAL PROVISIONS
(A) Title. This chapter shall be known and referred to as "The Zoning Ordinance of the City of Wall, South Dakota."
(B) Jurisdiction. The provisions of this chapter shall apply to all territory within the boundaries of the City of Wall, South Dakota, as established on the official zoning map of the City of Wall.
(C) Purpose and intent.
(1) The Zoning Ordinance is enacted for the purpose set forth and provided for in SDCL Chapters 11-4 and 11-6, that is, among other things to promote the health, safety, and general welfare of the community. Any land use conducted in conformance with the Zoning Ordinance of the City of Wall is hereby deemed to be consistent with the purpose of this chapter.
(2) This chapter has been prepared in accordance with the Comprehensive Land Use Plan for the city and is designed to coordinate physical development of the community with needs for public services and facilities. More specifically, the Zoning Ordinance is adopted to achieve the following objectives:
(a) To assist in the implementation of the City of Wall's Comprehensive Plan which in its entirety represents the foundation upon which this chapter is based.
(b) To foster a harmonious, convenient, workable relationship among land uses.
(c) To promote the stability of existing land uses that conform with the Comprehensive Plan and to protect them from inharmonious influences and harmful intrusions.
(d) To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city as a whole.
(e) To prevent excessive population densities and overcrowding of the land with structures.
(f) To foster the provision of adequate off-street parking and off-street truck loading facilities.
(g) To facilitate the appropriate location of community facilities and institutions.
(h) To protect and enhance real estate values.
(i) To safeguard and enhance the appearance of the city, including natural amenities.
(j) To place the power and responsibility of the use of land in the hands of the property owner contingent upon the compatibility of surrounding uses and the Comprehensive Plan.
(k) To regulate and restrict the height, number of stories, and bulk of building and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; and the location and use of other purposes.
(l) To regulate and restrict the erection, construction, reconstruction, alteration, repair, and use of buildings, structures, and land.
(Ord. 24-01, passed 9-5-2024)
Provisions of chapter declared to be minimum requirements. Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall govern (see SDCL § 11-4-6).
(Ord. 24-01, passed 9-5-2024)
(A) Official zoning map.
(1) The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
(2) The official zoning map shall be identified by the signature of the Mayor of the city attested by the City Finance Officer under the following words: "This is to certify that this is the official zoning map referred to in § 151.003,” together with the date of the adoption of this chapter. The official zoning map shall be on file at the office of the City Finance Officer.
(3) If, in accordance with the provisions of this chapter and SDCL Chapter 11-4, as amended, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall not become effective until after said changes have been made on the official zoning map by the City Finance Officer or in his or her absence a person designated by the City Council. Any unauthorized change by any person or persons shall be considered a violation of this chapter and punishable as provided under § 151.999.
(4) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the city offices, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
(B) Rules where map designation uncertain. Where uncertainty exists with respect to the various zoning districts as shown on the zoning map, the following rules shall apply:
(1) The district boundaries are either streets or alleys, highways, rights-of-way, railroad rights-of-way, waterways, lot lines, property lines, quarter section lines, half section lines, or full section lines, unless otherwise shown.
(2) Where the designation on the zoning map indicates the various districts are approximately
bounded by lot lines, the lot lines shall be the boundaries of such districts unless boundaries are otherwise indicated on the map.
(C) Changes and/or replacement of official zoning map.
(1) If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the Mayor attested by the City Finance Officer, under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Wall, State of South Dakota."
(2) Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
(3) In the event the official zoning map becomes difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the original official zoning map or any subsequent amendment thereof.
(4) Changes to the official zoning map shall require amendments of this regulation by ordinance, as provided for in § 151.044(K).
(D) Annexation. Subsequent of the effective date of these regulations, any land annexed into the municipal boundaries of the City of Wall shall be automatically placed into the "A" Agricultural Zoning District, unless and until such time as the area is rezoned by amendment of these regulations by ordinance, as provided for in § 151.044(K).
(Ord. 24-01, passed 9-5-2024)
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