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It shall be unlawful to move any house or other building off of any lot within the city unless and until a permit to do so has been obtained from the Administrative Official. No permit shall be issued until the following requirements are met.
(A) The fee for said permit as prescribed in the fee schedule, shall have been paid.
(B) That the work is to be completed within one year after the permit has been issued by the Administrative Official.
(C) The applicant shall also file with the Administrative Official a map of roadways upon which the building will be carried within city limits. Further, the applicant may be required to provide documentation of condition of said roadways, including right-of-way, utilities, private property, etc., both prior to, and following the moving of the structure.
(D) If damage occurs, the applicant shall be held financially responsible for the repair of roadways, including right-of-way, utilities, private property, etc. to their respective condition prior to the damage. All work shall be performed to the standards of the City of Wall.
(E) No building shall be moved other than during the period from daylight to sundown. Before any permit is granted under this section, the applicant must furnish proof that all taxes legally assessed against the property have been paid. If a building or structure is to be moved onto any lot within the city, the City Council shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this chapter.
(F) When no replacement structure is to be moved in or constructed, the applicant shall agree to restore the lot to a buildable condition. This may include but is not limited to concrete basement removal, collapsing of the basement walls, earthwork, landscaping and/or reseeding.
(Ord. 24-01, passed 9-5-2024)
(A) Where any commercial or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front as determined by the City Council. Exception: screening is not required if written consent from the affected property owner is provided in lieu of providing the screening.
(B) The screening required herein shall consist of a solid fence or wall at least 50% opaque not less than five feet nor more than six feet in height but shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right-of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type approved by the Planning Commission may also be required in addition to or in lieu of fencing.
(Ord. 24-01, passed 9-5-2024)
In all zoning districts, refuse (rubbish, garbage, trash, waste or debris) shall be kept within a complete enclosed building or specially designed closed container made for such purpose. Owners of vacant lots shall be responsible for keeping their property free of trash.
(Ord. 24-01, passed 9-5-2024)
The following structures or uses are exempt from the regulations of this chapter and shall be permitted in any district:
(A) Poles, wires, cables, conduits, laterals, pipes, mains, valves or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by the City of Wall, the Public Utilities Commission, or public utilities.
(B) Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way.
(C) Public street identification signs, traffic signs and directional signs in any parking area where such signs are necessary for the orderly movement of traffic.
(D) Any other uses or structures listed as exempt elsewhere in this chapter.
(Ord. 24-01, passed 9-5-2024)
Except for single-family residential structures (for the purposes of this chapter, manufactured homes and modular homes are included as SINGLE-FAMILY STRUCTURES,) exterior lighting shall not be directed upon adjacent land or the public right-of-way.
(Ord. 24-01, passed 9-5-2024)
(A) Maximum number of cannabis establishments.
(1) In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(2) The City of Wall shall limit the number of dispensaries to one.
(3) Cannabis cultivation, manufacturing, growing, and testing are not permitted uses by this chapter.
(B) Required separation distances.
(1) A cannabis establishment shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis establishment application;
(2) A cannabis establishment shall be located not less than 500 feet from a single or multi-family residence, church, child daycare facility, library, public park, hospital, clinic, long term care facility, mental health facility, substance abuse facility, correctional facility, drug education and/or counseling center, funeral home, shelter, group home, other cannabis establishment existing before the dale of the cannabis establishment application;
(3) Exemption from separation requirements. Any separation distance requirement, other than the state requirement from schools (1,000 feet), may be waived, provided: The applicant provides documentation waiving the setback requirement from the title holder of the land benefitting from the separation; and
(4) Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the cannabis establishment is proposed.
(C) Other locational requirements.
(1) Permanent or temporary cannabis establishment are prohibited in all other zoning districts and not eligible for a home occupation use.
(2) It shall be unlawful to operate a cannabis establishment in a building which contains a residence or a mixed-use building with commercial and residential uses.
(3) It shall be unlawful to operate any portion of a cannabis establishment outdoors. All business activity and operational activity shall occur in a secure building/structure not accessible to the public.
(D) Controlled access. No cannabis establishment shall share premises with or permit access directly from another cannabis establishment or business that sells alcohol or tobacco.
(E) Hours of operation. Cannabis dispensaries are allowed to be open between the hours of 9:00 a.m. and 9:00 p.m. on Monday through Sunday.
(F) Documentation of state licensure. No cannabis establishment shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, or paraphernalia without providing documentation of licensure from the State of South Dakota.
(G) The Administrative Official is authorized to issue permits (building/use) for cannabis establishments subject to following:
(1) Submission of a site plan containing the following:
(a) Any information required for applicable building permit;
(b) Ingress and egress plan;
(c) Parking plan;
(d) Lighting plan (including security lighting);
(e) Screening/security fencing plan;
(f) Refuse plan;
(g) Hours of operation; and
(h) Any other information as lawfully may be required by the Administrative Official to determine compliance with this chapter and state law.
(2) Documentation of ability to meet setback/separation requirements.
(3) Documentation of state licensure.
(H) All cannabis establishments are required to be constructed in conformance with the most recent edition of the International Building Code and International Fire Code.
(Ord. 24-01, passed 9-5-2024)
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