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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)
(A) Establishment and purpose. The position of Administrative Official is hereby established for the City of Wall. The Administrative Official shall be appointed by the Mayor subject to the approval of the City Council. Further, he or she may be provided with the assistance of such persons as the City Council may direct. The Administrative Official shall administer and assist City Council with enforcing this chapter. It is the intent of this chapter that questions of interpretation and enforcement shall be first presented to the Administrative Official and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official and/or Planning Commission.
(B) Duties.
(1) The powers and duties of the Administrative Official shall be as follows:
(a) Review applications.
(b) Issue all building/use permits and make and maintain records thereof.
(c) Revoke any permit, which was unlawfully issued, or any permit wherein defective work has been performed, and when such work has not been corrected.
(d) Conduct inspections of buildings, structures, and the use of land to determine compliance with this chapter (with the assistance of the Public Works Department and/or City Engineer if necessary).
(e) Notify in writing persons responsible for violations, indicating the nature of the violation and ordering action necessary to correct.
(f) Order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions; alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(g) Maintain permanent and current records of this regulation, including, but not limited to, all maps, amendments, variances, appeals, and applications.
(h) Provide public information relative to all matters arising out of this chapter.
(i) Forward to the Planning Commission all applications for amendments to this chapter.
(j) Forward to the Board of Adjustment, applications for appeals, variances, conditional uses, or other matters on which the Board of Adjustment is required to pass under this chapter.
(k) Initiate, direct, and review, from time to time, a study of the provisions of this chapter, and to make such reports available to the Planning Commission. The Administrative Official shall receive applications for building permits, conditional uses, variances, and zoning amendments.
(2) For building/use permits, the Administrative Official shall issue building/use permits only in accordance with the provisions of this chapter.
(3) For conditional uses and variances, the Administrative Official shall review the application, and shall provide a review of the application to the Board of Adjustment.
(4) For zoning amendments, the Administrative Official shall review the application, and shall
provide a review of the application to the Planning Commission to make a recommendation to City Council.
(C) Powers.
(1) If the Administrative Official shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the persons responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it.
(2) The Administrative Official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Ord. 24-01, passed 9-5-2024)
(A) Establishment. A Board of Adjustment is hereby established. The Wall City Council and Mayor shall act as Board of Adjustment.
(B) Procedures for meetings.
(1) The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(2) The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions. A draft of the unapproved, unofficial minutes will be prepared and available for public inspection ten days following each meeting. Upon adoption by the Board of Adjustment, all of which shall be a public record and immediately filed in the office of the City Finance Officer of the City of Wall, South Dakota.
(3) The Mayor (or in his or her absence, the Chairperson) may administer oaths and compel the attendance of witnesses by subpoena. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of the examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.
(C) Powers and duties of Board of Adjustment. The Board of Adjustment shall have the following powers and duties:
(1) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, determination, or refusal made by the Administrative Official in the carrying out or enforcement of any provision of this chapter, and for the interpretation of the zoning map.
(2) Conditional uses. To hear and decide only such conditional uses as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether conditional use permits should be granted; and to grant conditional use permits with such conditions and safeguards as are appropriate under this chapter, or to deny conditional use permits when not in harmony with the purpose and intent of this chapter.
(3) Variances. To hear requests for variances from this chapter in instances where strict enforcement would cause unnecessary hardship; and to authorize upon appeal in specific cases such variance from the terms of this chapter as which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(D) Hearings; appeals; notice.
(1) Appeals to the Board of Adjustment concerning interpretation or administration of this chapter may be taken by any person meeting the definition of an AGGRIEVED PERSON within this chapter or by any member of the City Council affected by any decision of the Administrative Official. Such appeals shall be taken by filing with the Administrative Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.
(2) The Board of Adjustment shall fix a reasonable time for the hearing on the appeal, give notice thereof as well as due notice to the parties in the same reasonable. At the hearing, any party may appear in person or by agent or attorney.
(E) Stay of proceedings. Per SDCL § 11-4-20, "an appeal stays (stops or suspends) all proceedings in furtherance of the action appealed from unless the Administrative Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause an imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Administrative Official from whom the appeal is taken and on due cause shown."
(Ord. 24-01, passed 9-5-2024)
(A) City Planning Commission created. There is hereby created a city Planning Commission for the City of Wall, South Dakota and for land within its corporate limits.
(B) Membership of the Planning Commission. The city Planning Commission shall consist of five members appointed by the Mayor, subject to the approval of the City Council. The members of this Planning Commission shall be resident electors of the city qualified by knowledge or experience to act in matters pertaining to the development and administration of a Comprehensive Plan for development of the city. The commission shall not include more than two sitting City Councilpersons.
(C) Terms of members.
(1) The term of each member of the Planning Commission shall be for five years, except that when such Planning Commission is first appointed, two members shall be appointed to serve a term of five years, two members shall be appointed for a term of three years, and one member will be appointed for a term of two years. Thereafter appointment of each member shall be for five years so that there will be an overlapping of tenures.
(2) Any vacancy in a membership on the Planning Commission shall be filled for the unexpired
term in the same manner as for appointment.
(3) The Mayor, with the confirmation of the City Council, shall, after public hearing, have authority to remove any member of the Planning Commission for cause, which cause shall be stated in
writing and made a part of the record of such hearing.
(D) Compensation. All members of the Planning Commission shall serve as such without compensation, except for actual expenses, which shall be subject to approval by the City Council.
(E) Organizations, rules, staff and finances.
(1) Upon appointment, the Planning Commission shall be called together by the Mayor and shall organize by electing a Chairperson from among its members for a term of one year with eligibility for re-election, and may fill such other of its office as it may create in a manner prescribed by the rules of such Planning Commission.
(2) The Planning Commission shall meet as needed. Subject to the approval of the City Council, it shall adopt such rules for transactions, findings, and determinations which shall be a public record.
(3) The Planning Commission shall each year on or about the first day of January, make a report to the City Council of its proceedings, with a statement of progress of its work during the preceding year including, at minimum, the number of permits issued.
(4) Subject to the approval of the City Council, the Planning Commission may employ such technical, engineering, clerical and other assistance as may be deemed essential to carry on its work. Such employment shall be governed by the same rules and regulations governing all other municipal employees. The compensation of all such employees shall be fixed by the City Council.
(F) Duties of Planning Commission. The Planning Commission shall have the following duties:
(1) Comprehensive Land Use Plan. To propose a plan for the physical development of the city, including areas within its planning jurisdiction which, in the commission's judgment bear relation to the planning of the municipality.
(2) Zoning Ordinance. To develop and adopt a Zoning Ordinance for the regulation of the height, area, bulk, location, and use of private and public structures and premises, and of population density as may be provided by law may be included as an adjunct to the Comprehensive Plan.
(3) Subdivision.
(a) To adopt regulations governing the subdivision of land within its jurisdiction.
(b) To review proposals for subdivision to determine whether such subdivisions comply with the Subdivision Ordinance of the City of Wall and make recommendation relating to the approval of subdivisions.
(4) Amendments.
(a) The Planning Commission may from time to time propose amendments, extensions, or additions to the Comprehensive Plan, Zoning Ordinance, and subdivision regulations.
(b) To review and forward recommendation to the City Council relating to amendments to the Comprehensive Plan, Zoning Ordinance, and subdivision regulations when initiated.
(Ord. 24-01, passed 9-5-2024)
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