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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)
A bed and breakfast (B&B) is a private single-family residence, which is used to provide limited meals and temporary accommodations for a charge to the public. Such establishments should be located where there will be minimal impact on surrounding residential properties and should comply with the following conditions:
(A) B&Bs shall be limited to residential structures with an overall minimum of 1,800 square feet of floor. Preference will be given to structures with historic or other unique qualities.
(B) B&Bs shall be in compliance with applicable state laws including registration with the South Dakota Department of Health, maintaining a guest list, and providing a smoke detector in each sleeping room.
(C) Accessory use signs shall be based on similar requirements for a home occupation permit and shall not be more than two square feet in area.
(D) Such uses shall be an incidental use with an owner-occupied principal dwelling structure provided that not more than four bedrooms in such dwelling structure shall be used for such purpose.
(E) Off-street parking requirements shall be one space per guestroom and shall be in addition to parking requirements for the principal use. Off-street parking shall not be located in a required front or side yard and screening shall be required when adjacent to residentially used property.
(F) The length of stay shall not exceed 14 days during any 120-day consecutive period.
(G) Meals shall be limited to breakfast, which is prepared in a common facility (household kitchen). Meals may be served only to overnight registered guests and cooking is not permitted in the sleeping rooms.
(H) The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and floor plan showing a location of the sleeping rooms, lavatories, and bathing facilities, and kitchen shall be submitted with application.
(Ord. 24-01, passed 9-5-2024)
(A) A home occupation is a business conducted in a dwelling unit, provided that the occupation is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of such secondary use. For the purposes of minimizing conflicts with neighboring residentially used property, the City of Wall has established minimum performance standards for home occupations.
(B) Performance standards.
(1) No person other than members of the family residing on the premises shall be engaged in such occupation;
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinated to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. Exception: in-home daycares providing care for less than 12 children in a 24-hour period may utilize more than 25% of the floor area of the dwelling unit;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square foot in area, non-illuminated, and mounted flat against the wall of the principle building;
(4) No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises;
(5) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street; and
(6) Notwithstanding the preceding standards, any operation that provides care for more than 12 children in a 24-hour period shall not be considered a home occupation.
(Ord. 24-01, passed 9-5-2024)
(A) Caretaker/watchman's quarters on parcels in any commercial or industrially zoned property shall require a conditional use permit.
(B) Caretaker or watchman's living quarters shall be limited to not more than one dwelling unit.
(C) The dwelling unit shall be occupied by person(s) associated with the operation or maintenance of the business or building. If it is found that the occupant(s) are not associated with such operation or maintenance the living area shall be removed.
(D) The total area of the dwelling unit shall consist of not more than 30% of the total area of the building.
(E) (1) The dwelling unit shall maintain an entrance other than that of the business associated with the caretaker or watchman's living quarters.
(2) Exceptions.
(a) If a single entrance enters into a common hallway or corridor in which the business and dwelling unit are entered separately, the dwelling unit may be allowed to use the same entrance as the business.
(b) Entrance to the dwelling unit is accessible only by employees of the business.
(Ord. 24-01, passed 9-5-2024)
Private storage structures may be permitted on a lot or lots not adjacent to the lot to which the structure is accessory if done so in accordance with § 151.044(F) in any district where this use is listed as a conditional use subject to the following minimum requirements established by this chapter:
(A) Each private storage structure shall require a conditional use permit.
(B) The structure shall be used exclusively for personal storage by the owner of the lot.
(C) The structure may not be used to operate a business of any kind.
(D) The structure shall consist of a maximum sidewall height of 14 feet.
(E) Private storage structures may exceed the maximum area established by this section and/or be constructed with a sidewall height of 16 feet provided:
(1) The applicant submit with the application the written consent of two-thirds of all of the owners of property adjoining the lot upon which the proposed structure will be constructed shall be submitted with the application;
(2) The minimum required side yard (setback) shall be doubled; and
(3) The minimum required secondary front yard (setback) shall be doubled on lots with more than one frontage.
(F) If at any time after the construction of the private storage structure it should become accessory to an allowable primary use on the same lot, the use of the structure shall conform with the accessory use provisions of this chapter.
(Ord. 24-01, passed 9-5-2024)
DEFINITIONS
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