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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)
ZONING DISTRICT REGULATIONS
(A) Applicability of regulations. The regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
(B) Compliance; generally.
(1) No building, structure, land, or any part thereof shall hereafter be used or occupied; nor
(2) Shall any building, structure, land, or any part thereof shall hereafter be erected, constructed, reconstructed, converted, altered, enlarged, extended, raised, moved, or used; nor
(3) Shall any premises be used for any purpose other than a purpose permitted in the district in which said building or premise is located, except as hereinafter provided.
(C) Structures and lots; construction or alteration; limitations of.
(1) No building or other structure shall hereafter be erected or altered:
(a) To exceed the height or bulk;
(b) To accommodate or house a greater number of families;
(c) To occupy a greater percentage of lot area; or
(d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.
(2) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. 24-01, passed 9-5-2024)
(A) Intent.
(1) Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival.
(2) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of structure and land in combination shall not be extended, expanded, or enlarged after passage of this chapter by the addition of other structures or uses, or a nature of which would be prohibited generally elsewhere in the district involved.
(3) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter.
(B) Repairs and maintenance.
(1) On any non-conforming structure or portion of a structure containing a non- conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding 10% of the replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
(2) If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by the City Council to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
(C) Uses and structures. A lawful use or structure existing at the time this chapter is adopted or amended may continue even though such use does not conform to the district regulations subject to the following provisions:
(1) Whenever a non-conforming use or structure has been changed to a conforming use, it shall
not be changed back to a non-conforming use.
(2) If any non-conforming building is destroyed or damaged by any casualty, such building may be repaired or replaced and use continued providing said reconstruction shall not add to the non-conformity or add to the cubic contents of said building as the same existed at the time of such casualty; and provided further that such repair or reconstruction of such building shall begin within six months after such casualty and completed within a reasonable time thereafter. However, if the damage caused by such casualty is such as to cause a loss in value exceeding 50% of the replacement value immediately prior to such casualty then it cannot be rebuilt for a non-conforming use. The loss in value shall be computed as the difference between the actual cash value of the structure immediately before and after the casualty. Cash value shall be the same as that used for insurance purposes as approved by the State of South Dakota Insurance Code.
(3) When a non-conforming use or the use of a non-conforming structure is discontinued for a period of one year, it shall not be continued unless in conformance with the requirements of this chapter and SDCL § 11-6-39 which states, "The lawful use of land or premises existing at the time of the adoption of the Zoning Ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the Zoning Ordinance. If the non-conforming use is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall be in conformance with such regulation."
(4) Any non-conforming use may be extended throughout any part of a structure, which was arranged or designed for such use prior to the adoption of this chapter but shall not be extended outside such structure.
(5) No existing non-conforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted or conditional use. This does not include normal repairs and maintenance, which do not enlarge, move, or structurally alter a non-conforming use.
(6) NON-CONFORMING LAND USE shall be deemed to include non-conforming manufactured home courts existing at the time of the adoption of this chapter, and the substitution or replacement of Type I and Type II manufactured homes to said manufactured home court shall not be deemed to have changed the use thereof from a non-conforming to a conforming use.
(7) Non-standard uses existing immediately prior to the effective date of this chapter may be continued, although such uses do not conform to the provisions hereof. Non-standard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:
(a) Enlargements, extensions, conversions, or structural alterations may be made as required by law or ordinance.
(b) Structural alteration of buildings or structures may otherwise be made if such changes do not further encroach into an existing front yard, side yard, or rear yard which is less than the minimum required yards for the district in which they are located.
(c) Enlargement, extension, conversion of buildings or structures may otherwise be made if such changes comply with the minimum required yards, lot area, height, landscaping, parking, and density for the district in which they are located.
(8) Nothing contained in this section shall be so construed as to abridge or curtail the powers of the Administrative Official, Enforcing Officer (City Council), or Planning Commission as set forth elsewhere in this chapter.
(D) Uses under conditional use provisions not non-conforming uses. Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a non-conforming use in such district but shall without further action be considered a conforming use.
(E) Non-conforming lots of record.
(1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such a lot fails to meet the requirements of area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained; however, the governing board is not obligated to grant said variance(s).
(2) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements in this chapter.
(Ord. 24-01, passed 9-5-2024)
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