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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)
(A) Generally.
(1) The district regulations included in this section may be qualified or supplemented by additional regulations appearing elsewhere in this chapter.
(2) Any use or uses not expressly permitted in a particular district shall be prohibited, unless such uses are existing at the effective date of these regulations and qualify as non-conforming uses, or unless a conditional use permit is granted as provided for in § 151.044(A) of these regulations.
(3) The Board of Adjustment may establish additional requirements and standards for uses and
structures permitted by conditional use permit in accordance with § 151.044(A).
(B) Zoning districts.
(1) The following zone and use districts are hereby established for the purposes of administration and enforcement of this chapter.
(a) “A” Agricultural District.
(b) “R” Residential District.
(c) “C” Commercial District.
(d) “HC” Highway Commercial District.
(e) “I” Industrial District.
(2) These districts shall be designated as zoning overlay districts, imposing special regulations on the properties that fall within these overlay districts without abrogating the requirements imposed by the underlying land use district regulations.
(Ord. 24-01, passed 9-5-2024)
(A) Permitted uses. The following uses and structures shall be permitted in the "A" Agricultural District:
(1) Any form of agriculture activity and related farm buildings, but excluding animal feed lots and auction yards/barns;
(2) Site-built single-family dwellings;
(3) Orchards and tree farms;
(4) Public parks, recreation areas, open space, non-motorized trails; and
(5) Utilities substations.
(B) Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "A" Agricultural District:
(1) Accessory uses and structures customarily incidental to permitted uses and structures when established within the space limits of this district;
(2) Roadside stands for sales of agricultural products grown or produced on the premises; and
(3) Signs conforming to § 151.062.
(C) Conditional uses. The following uses may be permitted by conditional use permit in the "A" Agricultural District by the Board of Adjustment subject to such requirements as the Board deems necessary to protect adjacent property, prevent objectionable or offensive conditions and promote the health, safety, and general welfare.
(1) Type I and Type II manufactured homes;
(2) Veterinary clinics with outside runs;
(3) Public or private stables and kennels with outside runs;
(4) Religious institutions, churches and/or cemeteries;
(5) Public buildings or facilities erected or established and operated by any governmental agency;
(6) Utility substations, railroad, and other public utilities facilities;
(7) Wireless communications towers;
(8) Commercial nurseries and greenhouses;
(9) Golf course and driving range;
(10) Game propagation areas;
(11) Privately operated outdoor recreational facilities, including campsite;
(12) Telecommunication facilities;
(13) Home occupations (§ 151.080); and
(14) Horticulture services.
(D) Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "A" Agricultural District.
(E) Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:
Table 151.023.1
Minimum lot area | Minimum lot width | Maximum height | |
Single-family residential | 43,560 square feet | 75 feet | 24 feet |
Towers or steeples | To be determined by the Board of Adjustment | 75 feet | |
Principal building excluding tower or steeple | 25 feet | ||
Other conditional uses | To be determined by the Board of Adjustment | ||
Table 151.023.2
Minimum front yard | Minimum rear yard | Minimum side yard | ||
Primary | Secondary
| |||
Permitted uses | 50 feet | 30 feet | 50 feet | 30 feet |
Conditional uses | To be determined by the Board of Adjustment | |||
(Ord. 24-01, passed 9-5-2024)
(A) Permitted uses. The following uses and structures shall be permitted in the "R" Single-Family Residential District:
(1) Site-built single-family dwellings;
(2) Two-family dwellings;
(3) Modular homes;
(4) Type I manufactured homes (in a permitted manufactured home park);
(5) Public park and recreation areas including public swimming pools;
(6) Public and private schools;
(7) Public utilities and services required by the resident population; and
(8) Multiple-family dwellings including condominiums and townhouses, not to exceed eight units.
(B) Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "R" Single-Family Residential District:
(1) Accessory uses and structures customarily incidental to permitted uses in accordance with § 151.061;
(2) Signs conforming to § 151.062; and
(3) Detached accessory structure with 16-foot sidewalls, provided written consent of all adjoining property owners is submitted with the application.
(C) Conditional uses. The following uses may be permitted by conditional use permit in the "R" Single-Family Residential District by the Board of Adjustment, subject to such requirements as the Board deems necessary to protect adjacent property, prevent objectionable or offensive conditions and promote the health, safety, and general welfare.
(1) Bed and breakfast establishments;
(2) Home occupations (See § 151.080);
(3) Hospitals, nursing homes, and homes for the aged. Any building approved for such use shall be set back not less than 50 feet from the street on which it fronts and shall have side and rear setbacks of not less than 30 feet and shall meet other requirements of this chapter;
(4) Licensed commercial daycare facilities and daycare homes caring for children, provided that such facilities shall provide not less than 25 square feet of floor area not including halls or bathrooms and outdoor recreation space for each child. In addition, such facilities shall supply at least one off-street parking space per six children cared for at the daycare home unless the Board of Adjustment approves some other suitable plan for the loading and unloading of children so as not to obstruct public streets or create other traffic or safety hazards;
(5) Religious institutions and/or cemeteries;
(6) Public and private golf courses including clubhouses, community center, and country club;
(7) Public buildings or facilities established and operated by a governmental agency;
(8) Public and private swimming pools;
(9) Utility substations;
(10) Museums;
(11) Licensed residential treatment or group home;
(12) Hospitals, convalescent and nursing homes, supervised care facilities and congregate housing;
(13) Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures;
(14) Private storage buildings used exclusively for storage and not for performance of any other services, provided siding consists of that customarily used for site-built single-family dwellings. See § 151.082;
(15) Personal services operated in a structure occupied as a single-family residence prior to October 9, 2024; and
(16) Contractor shop and yard in operation as of October 9, 2024.
(D) Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "R" Single-Family Residential District."
Table 151.024.1
Minimum lot area | Minimum lot width | Maximum height | Maximum percent lot coverage | |
Single-family residence | 6,000 square feet | 75 feet | 24 feet | 30% |
Two dwelling units (DU) | 6,000 square feet | 85 feet | 24 feet | 30% |
Three to four dwelling units | 6,00 square feet (first DU); 1,000 square feet (each additional DU)* | 75 feet* | 24 feet | 30% |
Greater than four dwelling units | 6,000 square feet (first DU); 1,000 square feet (each additional DU)* | 24 feet | 30% | |
Conditional uses | To be determined by the Board of Adjustment | |||
*Maximum height for steeples and towers shall be 75 feet; anything over 45 feet requires a conditional use permit. Where individually owned, attached single-family units (i.e., condominium, townhouse, duplex, etc.) are constructed, minimum lot area, width, and coverage area are calculated on the basis of the lot upon which the shared structure is constructed. | ||||
Figure 151.024.1
Table 151.024.2
Minimum front yard | Minimum rear yard | Minimum side yard | ||
Primary | Secondary
| |||
Permitted uses and two-family dwellings | 25 feet | 15 feet | 25 feet | 7 feet* |
Three to eight-family dwellings | 25 feet | 15 feet | 25 feet | 5 feet* |
Conditional uses | To be determined by the Board of Adjustment | |||
*Upon subdivision into individual units, two-family dwellings will be allowed one “shared” wall (required yard = zero feet) provided all other yard requirements are met. | ||||
(Ord. 24-01, passed 9-5-2024)
(A) Permitted uses. The following uses and structures shall be permitted in the "C" Commercial District:
(1) Retail and wholesale sales;
(2) Finance, insurance and real estate services;
(3) Business services excluding any warehousing and storage services;
(4) Religious institutions, welfare and charitable services; business associations, professional membership organizations, labor unions, and similar labor organizations, and civic, social and fraternal associations;
(5) Eating establishments;
(6) Communication and utility uses;
(7) Public buildings and grounds;
(8) Service establishments;
(9) Professional, governmental and education services;
(10) Bar or tavern;
(11) Printing and publishing establishments;
(12) Offices;
(13) Parking lot and/or parking garages;
(14) Bed and breakfast;
(15) Hotels and motels;
(16) Theaters, bowling alleys, and pool halls;
(17) Fitness facilities, yoga studios, massage therapy; and
(18) Clinic.
(B) Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "C" Commercial District.
(1) Accessory buildings and uses customarily incidental to permitted uses; and
(2) Signs conforming to § 151.062.
(C) Special permitted uses. None.
(D) Conditional uses. The Board of Adjustment, subject to such requirements, may permit the following uses as a conditional use in the "C" Commercial District as the Board deems necessary to protect and promote the health, safety, and general welfare:
(1) Apartments;
(2) Licensed daycare centers;
(3) On/off-sale liquor establishments;
(4) Lumberyards;
(5) Repair shops, gas and service stations;
(6) Car washes provided that their operative machinery is within an enclosed structure and adequate drainage is provided;
(7) Second floor apartments;
(8) Nursing home;
(9) Assisted living center;
(10) Group home;
(11) Laundromat;
(12) Public and private hospitals;
(13) Public and private business or trade schools;
(14) Wholesale business;
(15) Bus depot; and
(16) Vehicle sales.
(E) Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "C" Commercial District.
(F) Area/construction regulations.
(1) Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:
Table 151.025.1
Minimum lot area | Minimum lot width | Maximum height | Maximum percent lot coverage | |
Permitted uses | 2,640 square feet | 22 feet | 24 feet | 75% |
Conditional uses | To be determined by the Board of Adjustment | |||
Figure 151.025.1
Table 151.025.2
Minimu m front yard | Minimum rear yard | Minimum side yard | ||||
Frontage on Main Street | All other streets | Adjacent to Industrial, Agricultural, or Commercial Districts | Adjacent to and shared with Residential Districts | Adjacent to Industrial, Agricultural, or Commercial Districts | Adjacent to and shared with Residential Districts | |
Permitted uses | 10 feet | 20 feet | 15 feet | 25 feet | 15 feet | 25 feet |
Conditional uses | To be determined by the Board of Adjustment | |||||
(2) All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.
(3) Screening. Where any use in the "C" Commercial District is adjacent to any Residential Zone, that use (building, parking, or storage) shall be appropriately screened from the Residential Use District by plantings or fencing, except where plantings and/or fencing may be in conflict with §§ 151.060 and 151.061.
(4) Block 4, Original Township, is exempt from the side yard requirement except when a structure abuts a residential district. A commercial building may be built to the lot line if after examination of the plans, it is determined there is an acceptable firewall and the building is being built next to another commercial building.
(Ord. 24-01, passed 9-5-2024)
Highway Commercial is intended for land adjacent to Highway 240 south of Interstate 90 and the east/west frontage/service road located between Glenn Street and Stone Drive south of Interstate 90.
(A) Permitted uses. The following uses and structures shall be permitted in the "HC" Highway Commercial District:
(1) Horticulture and the raising of field crops;
(2) Vehicle service stations and vehicle repair not to include auto-body repair;
(3) Utility substations;
(4) Wholesale or retail sales and warehouse;
(5) Hotel, motel, conference/banquet hall;
(6) New and used vehicle, recreational vehicle sales and farm equipment and implement sales;
(7) Mortuaries and funeral homes;
(8) Truck or bus terminal;
(9) Offices and clinics;
(10) Eating or drinking establishment and bar/tavern;
(11) Electronic and appliance repair;
(12) Personal services;
(13) Car or truck wash, fuel station;
(14) Parking lot or parking garage;
(15) Hospital; and
(16) Religious institutions.
(B) Permitted accessory uses. The following accessory uses, and structures shall be permitted in the "HC" Highway Commercial District.
(1) Accessory buildings and uses customarily incidental to permitted uses; and
(2) Signs conforming to § 151.062.
(C) Special permitted uses. None.
(D) Conditional uses. The following uses may be permitted by conditional use permit in the "HC" Highway Commercial District by the Board of Adjustment subject to such requirements, as the Board deems necessary to protect and promote the health, safety, and general welfare.
(1) Assisted living, nursing, or convalescent home;
(2) Veterinary services and kennels;
(3) Light manufacturing;
(4) Public utility building and storage;
(5) Grain elevators and terminal;
(6) Bowling alley;
(7) Private and public recreational facilities;
(8) Butcher shop/meat locker;
(9) Private or commercial campground and recreation;
(10) Cannabis dispensary (See § 151.078);
(11) Contractor shop and yards;
(12) Communication towers or antenna over 45 feet in height;
(13) Public buildings or facilities erected or established and operated by any governmental agency;
(14) Propane distribution facility;
(15) Convenience stores;
(16) Filling/service stations; and
(17) Signs on an otherwise vacant lot. See § 151.062.
(E) Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "HC" District.
(F) Area/construction regulations.
(1) Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:
Table 151.026.1
Minimum lot area | Minimum lot width | Maximum height | Maximum percent lot coverage | |
Permitted uses | 20,000 square feet | 100 feet | 24 feet | 75% |
Conditional uses | To be determined by the Board of Adjustment | |||
Figure 151.026.1
Table 151.026.2
Minimum front yard | Minimum rear yard | Minimum side yard | |||
Adjacent to Industrial, Agricultural, or Commercial Districts | Adjacent to and shared with Residential Districts | Adjacent to Industrial, Agricultural, or Commercial Districts | Adjacent to and shared with Residential Districts | ||
Permitted uses | 25 feet | 20 feet | 35 feet | 10 feet | 35 feet |
Conditional uses | To be determined by the Board of Adjustment | ||||
(2) All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.
(3) Screening. Where any use in the "HC" Highway Commercial District is adjacent to any Residential Zone, that use (building, parking, or storage) shall be appropriately screened from the Residential Use District by plantings or fencing, except where plantings and/or fencing may be in conflict with § 151.060.
(Ord. 24-01, passed 9-5-2024)
(A) Permitted uses. The following uses and structures shall be permitted in the Industrial District:
(1) Ag biotechnology businesses;
(2) Architectural firms;
(3) Horticulture and raising crops;
(4) Basic services and utilities;
(5) Farm implement dealer and machinery repair services;
(6) Freighting or trucking yards or terminals;
(7) Medical or dental laboratories;
(8) Precision ag technologies;
(9) Service and repair shops/garages;
(10) Truck, trailer, equipment, rentals;
(11) Value-added ag businesses;
(12) Warehouses;
(13) Motor freight terminals, fuel stations, garaging and equipment maintenance;
(14) Contractor shops and offices;
(15) Storage facilities, lumber yards, distributing stations and warehouses;
(16) Wholesale business;
(17) Research facilities;
(18) Light manufacturing. Light assembly work, machine shops doing assembling or shaping and light cutting and sampling with all phases of manufacture, assembly and storage of materials performed indoors;
(19) Woodworking shops or facilities;
(20) Public utility buildings and storage;
(21) Public highway/public works garages;
(22) Vehicle garages, repair shops;
(23) Vehicle, truck, and machinery sales;
(24) Welding shops;
(25) Uses operated by a governmental entity;
(26) Grain elevator;
(27) Wholesale distributing companies, all commodities, except live animals;
(28) Commercial communication towers and transmitters; and
(29) Auto and farm equipment service, storage, and/or body repair, not to include salvage operation.
(B) Permitted accessory uses. The following accessory uses and structures shall be permitted in the Industrial District:
(1) Buildings and structures customarily incidental to permitted uses; and
(2) Signs conforming to § 151.062.
(C) Special permitted uses. None.
(D) Conditional uses. The following uses may be permitted by conditional use permit in the Light Industrial District by the Board of Adjustment, subject to such requirements as the Board deems necessary to protect and promote the health, safety, and general welfare:
(1) Meat processing establishments (meat locker);
(2) Communication towers over 45 feet in height;
(3) Contractor yards;
(4) Auto and truck wash;
(5) Bulk fuel, oil, and other liquid storage;
(6) Grain and feed milling;
(7) Parking lots and garages;
(8) Signs on an otherwise vacant lot (see § 151.066);
(9) Caretaker/watchman's quarters in accordance with § 151.081;
(10) Cement, lime, gypsum, or plaster of Paris manufacture;
(11) Distillation, coal, or tar asphalt;
(12) Fertilizer manufacture from organic material;
(13) Glue or adhesive manufacture;
(14) Paper manufacture;
(15 ) Petroleum or asphalt refining;
(16 ) Petroleum products terminal;
(17 ) Storage or processing of raw hides or furs;
(18 ) Animal hospital, pet shops, kennels; and
(19 ) Railroad facilities.
(E) Prohibited uses. All uses and structures not specifically permitted by permitted use, special permitted use, or conditional use shall be prohibited in the "ID" Industrial District.
(F) Area/construction regulations.
(1) Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:
Table 151.027.1
Minimum lot area | Minimum lot width | Maximum height | Maximum percent lot coverage | |
Permitted uses | 10,000 square feet | 75 feet | 24 feet | 75% |
Conditional uses | To be determined by the Board of Adjustment | |||
Figure 151.027.1
Table 151.027.2
Minimum front yard | Minimum rear yard | Minimum side yard | |||
Adjacent to Industrial, Agricultural, or Commercial Districts | Adjacent to and shared with Residential Districts | Adjacent to Industrial, Agricultural, or Commercial Districts | Adjacent to and shared with Residential Districts | ||
Permitted uses | 25 feet | 25 feet | 35 feet | 10 feet | 35 feet |
Conditional uses | To be determined by the Board of Adjustment | ||||
(2) All commercial buildings/structures shall be constructed on-site. Off-site constructed or moved-in structures may be allowed only as a conditional use.
(3) Screening. All outdoor storage within 500 feet of a residential district must be completely enclosed in a building or by a solid walled fence at least two feet above the highest point of the stockpile which fence shall be maintained in safe and good repair.
(G) Performance standards for "I" Zone; purpose. The guiding of urban development to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts; conditional and accessory uses shall conform to the following standards. These standards shall apply in the Industrial District.
(1) Noise. Any use established shall be so operated that no noise resulting from said use is perceptible beyond the boundaries of that plat line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operations.
(2) Odor. The emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.
(3) Air pollution. State emission standards shall be met by all possible sources of air pollution. In any case, there shall not be discharged from any sources whatsoever such quantities of air contaminants, smoke or detriment, nuisance or annoyance to any considerable number of persons or to the public in general to endanger the comfort, health or safety of any such considerable number of persons or have a natural tendency to cause injury or damage to business, vegetation or property.
(4) Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For purpose of grading the density of the smoke, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be a density greater than number 2 on the Ringelmann Chart.
(5) Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.
(6) Vibration. Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.
(7) Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from residentially zoned districts and public streets.
(8) Explosives. Any use requiring the storage utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any residentially zoned district line provided that this section shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.
(9) Sewage and liquid wastes. No operation shall be carried on which involves the discharge into a sewer, watercourse, river or the ground of liquid wastes of any radio-active nature, or liquid wastes of chemical nature, which are detrimental to normal sewage plant operations or corrosive or damaging to sewer pipes and installations.
(10) Fire hazard. All flammable substances involved in any activity or use, shall be handled in conformance with the standard of the National Board of Fire Underwriters and any additional regulations that may from time to time be adopted by the City Council.
(11) Physical appearance. All operations shall be carried on within an enclosed building except new or operable equipment and waste materials stored in enclosed containers, not readily visible from the street, may be displayed or stored in the open.
(Ord. 24-01, passed 9-5-2024)
ADMINISTRATION
(A) Permits required.
(1) No building or other structure shall be erected, moved, or added to without a permit issued by the Administrative Official. No permit shall be issued by the Administrative Official except in conformity with the provisions of this chapter, unless a written order from the Board of Adjustment is issued in the form of an administrative review, conditional use permit, or variance as provided by this chapter.
(B) Applications. All applications for permits shall be accompanied by a site plan drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of the lot and buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information necessary to determine conformity with and provide for the enforcement of this chapter as lawfully may be required by the Administrative Official.
(C) Issuance of permits. Permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction at variance with that which has been
authorized shall be deemed violation of this chapter, and punishable as provided by § 151.999.
(D) Fee schedule.
(1) The City Council shall by resolution establish a schedule of fees, charges, and expenses and a collection procedure for building/use permits, conditional use permits, variances, amendments, appeals, and other matters pertaining to this chapter. The schedule of fees may be altered or amended only by the City Council.
(2) The current fee schedule shall be available from the Administrative Official. All fees shall be the property of the city and shall be paid over to the City Finance Officer for credit to the general fund of the city, which under no condition shall be refunded. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(E) Expiration of permits.
(1) If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be canceled by the Administrative Official. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new permit has been obtained. A building/use permit may be extended for a period of up to one year provided application is made prior to the expiration of said permit.
(2) Unless otherwise specified by the Board of Adjustment, any variance, conditional use permit, or other use permit shall expire if actual construction or occupancy of the land in accordance with the permit has not occurred within two years from the date of issuance of the applicable use permit or variance, or two years from the date of completion of any final appeal to said decision (whichever is later).
(Ord. 24-01, passed 9-5-2024)
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