Ordinance No. 474
An ordinance zoning the City of Vermillion in the manner authorized by [SDCL 1967, 3] 45.26 dividing the city into districts deemed best suited to carry out the purposes of this ordinance and fixing the boundaries thereof; regulating and restricting the erection, con­struction, reconstruction, alteration, repair and use of buildings, structures and land in said districts and repealing all ordinances in conflict herewith; creating a board of adjustment and defining its powers; provid­ing for the enforcement of the zoning ordi­nance of the city and for amending the same; and fixing the penalty for violation of said zoning ordinance. Be it ordained by the governing body of the City of Vermillion, South Dakota:

Sec. 14.0101. Purpose.
This ordinance has been made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare, to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concen­tration of population; and to facilitate the ade­quate provision of transportation, water, sew­erage, schools, parks and other public require­ments. These regulations are made with rea­sonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and en­couraging the most appropriate use of land throughout the City of Vermillion.

Sec. 14.0102. Short title.
This ordinance shall be known and may be cited and referred to as the “Zoning Ordi­nance” of the City of Vermillion.

*Editor’s note-Ordinance No. 474 is printed herein as enacted by the city council. The original arrangement, article numbers and titles, section numbers, catchlines and sub-catchlines have been retained. Amendments have been worked into their proper places and are indicated by history notes appearing in parentheses following the amended sections or subsections. Brackets have been used to enclose certain matter which has been included for clarity. Cross references-Administration, Ch. 2; airport, Ch. 5; buildings and general building regulations, Ch. 7; electricity, Ch. 9; fire prevention and protection, Ch. 10; garbage and trash, Ch. 11; gas, Ch. 12; housing, Ch. l21/2; mobile homes, Ch. 14; planning, Ch. 16; plumbing, Ch. 17; railroads, Ch. 20; signs, Ch. 21; streets and sidewalks, Ch. 22; traffic, Ch. 23; water, sewers and sewage disposal, Ch. 25; extraterritorial zoning, App. B; subdivision regulations, App. C; airport zoning, App. E. State law references-Municipal planning and zoning generally, SDCL 1967, §§ 11-4-1-11-4-29; comprehensive city planning, §§ 11-6-1-11-6-38.

Sec. 14.0103. Definitions.
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word building shall include the word structure and the word shall is mandatory and not directory.

(a) Accessory buildings: A subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

(b) Accessory use: A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

(c) Basement: A story having part but not more than one-half of its height below grade. A basement is counted is a story for the pur­pose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

(d) Bed and breakfast establishment: A pri­vate, single-family owner-occupied residence which is used to provide limited meals and temporary accommodations for a charge to the public.

(d) Boarding house: See Lodging house.

(e) Building: Any structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, ani­mals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely sep­arated from any other portion thereof by a division wall without openings or by a fire wall, then each such portions shall be deemed to be a separate building.

(f) Building, height of: The vertical dis­tance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roof.

(g) Building official: The individual desig­nated by the city council to administer this ordi­nance and who is responsible for the enforcement of the regulations imposed by this ordinance.

(h) Cellar: A story having more than one­-half of its height below grade.

(i) Clinic: An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine to­gether.

(j) Dwelling: Any building or portion there­of which is designed and used exclusively for residential purposes. Cross Ref. Sub-section (e).

(k) Dwelling, single-family: A building de­signed for or occupied exclusively by one fam­ily. Cross Ref. Sub-section (e).

(l) Dwelling, two-family: A building de­signed for or occupied exclusively by two (2) families.

(m) Dwelling, multiple: A building designed for or occupied exclusively by more than two (2) families.

(n) Dwelling unit: One (1) or more rooms in a dwelling occupied or intended to be occu­pied as separate living quarters by a single family as defined herein.

(o) Family: One (1) or more persons re­lated by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A family may include no more than four (4) persons not related by blood, marriage or adoption. No more than two (2) persons per bedroom, not related by blood, marriage or adoption may occupy any dwelling unit.

(p) Farm: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, and grain and their storage on the area, as well as f or the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term “farming” includes the oper­ating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or stor­ing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming ac­tivities, and provided further, that farming does not include the feeding of collected gar­bage or offal to swine or other animals.

(q) Filling station: Any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not in­cluding the repairing or replacement of motors, bodies or fenders of motor vehicles, or paint­ing motor vehicles, and excluding public ga­rages.

(r) Floor area: The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

(s) Frontage: All the property on one (1) side of a street between two (2) intersecting streets crossing or terminating, measured along the line of the street, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting streets and the dead end of the street, but not includ­ing property more than four hundred (400) feet distant on either side of a proposed build­ing or structure.

(t) Garage, private: A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.

(u) Garage, public: Any building or prem­ises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding, disman­tling or storage of wrecked or junked vehicles.

(v) Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the ele­vation of the street at the center of the wall adjoining the street shall be grade.

(w) Home occupation: An occupation in a dwelling unit provided that:

(1) Not more than one person other than members of 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 subordinate to its use for resi­dential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit or two hundred fifty (250) sq. ft. of an accessory building shall be used in the conduct of the home occupation;

(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 (1) sign not exceeding one (1) square foot in area, nonilluminated, and mounted flat against the wall of the principal building;

(4) There shall be no commodity sold on the premises except that which is furnished in connection with the serv­ice rendered therein;

(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 other thin in a re­quired front yard;

(6) 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, if the occu­pation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which create vis­ual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line volt­age off the premises.

(x) Hotel: A building in which lodging is provided and offered to the public for com­pensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.

(y) Institution: A building occupied by a nonprofit corporation or a nonprofit estab­lishment for public use.

(z) Lodging house: A building or place where lodging, or lodging and boarding is provided by prearrangement for definite per­iods of time for compensation for three (3) or more persons, but not open to transient guests, in contradistinction to hotels open to tran­sients. The term shall include residence clubs, fraternities and sororities.

(aa) Lot: A parcel of land occupied or in­tended for occupancy by a use permitted in this ordinance, including one (1.) main building together with its accessory buildings, open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street.

(bb) Lot, corner: A lot abutting upon two (2) or more streets at their intersection.

(cc) Lot, depth of: The mean horizontal distance between the front and rear lot lines.

(dd) Lot, double frontage: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

(ee) Lot of record: A lot or parcel of land, the deed of which has been recorded in the office of the County Register of Deeds of Clay County, South Dakota, prior to the adoption of this ordinance.

(ff) Motel, motor court, motor lodge or tourist court: Any building or group of build­ings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the build­ing with garage or parking space conveniently located on the lot, and designed, used, or in­tended wholly or in part for the accommoda­tion of automobile transients.

(gg) Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto which does not conform after the pas­sage of this ordinance or amendment thereto with the use regulation of the district in which it is situated.

(hh) Nursing home: A home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation; but not including hospitals, clinics or similar institutions.

(ii) Parking space: An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connect­ing the parking space with a street, road or alley and permitting ingress and egress of an automobile. A required parking space and ac­cess driveway shall be paved or surfaced with an all -weather material.

(jj) Premises: A lot, together with all buildings and structures thereon.

(kk) Sign: An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a build­ing, structure or land, and which directs at­tention to a product, place, activity, person, institution or business.

(ll) Story: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor -next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

(mm) Story, half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is furnished off for use. A half story may be used f or occupancy only in con­junction with and by the occupancy of the floor immediately below.

(nn) Street: A public way which affords the principal means of access to abutting prop­erty.

(oo) Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attached to some­thing having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

(pp) Structural alteration: Any change ex­cept those required by law or ordinance, that would prolong the life of the supporting mem­bers of a building or structure, such as bearing walls, columns, beams or girders, not includ­ing openings in bearing walls as permitted by other ordinances.

(qq) Trailer or mobile home park: An area where one (1) or more trailer homes can be or are intended to be parked, designed or intended to be used as living facilities for one (1) or more families.

(rr) Yard: An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance.

(ss) Yard, front: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

(tt) Yard, rear: A yard extending the full width of the lot between a main building and the rear lot line.

(uu) Yard, side: A yard between the main building and the side line of the lot, and ex­tending from the front yard line to the rear yard line.

(vv) Automobile trailer, mobile home, trail­er coach or trailer means any vehicle or struc­ture designed and constructed in such manner as will permit occupancy thereof as adequate living quarters, or for one (1) or more per­sons, or the conduct of any business or profes­sion, occupation, or trade, or used as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, pro­pelled or drawn by its own or other motive power, excepting a device used exclusively upon rails or tracks, and excepting unoccupied camper units mounted on truck or automobile chassis and fold out or expanding camping trailers. (Ord. No. 481, 6-20-66; Ord. No. 556, 8-16-71; Ord. No. 594, 2-19-73; Ord. No. 945, § 1, 11-27-89)

Sec. 14.0104. Districts.
In order to classify, regulate and restrict the locations of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and de­termine the areas of yards, courts and other open spaces surrounding such buildings, the city is hereby divided into districts of which there shall be ten (10) in number known as: A-1 Agricultural district R-0 Single-family residential district R-1 Residential district R-2 General residential district R-3 Multiple dwelling district B-1 General business district B-2 Central business district I-0 Industrial park district I-1 Light industrial district I-2 Heavy industrial district. (Ord. No. 496, 8-7-67; Ord. No. 549, 3-15-71; Ord. No. 810, § 5, 8-17-81)

Sec. 14.0105. Incorporated by reference.
The following documents are hereby adopted by reference and are declared to be a part of this ordinance.

(a) The official zoning map of the City of Vermillion, together with all the explanatory matter thereon and attached thereto.

(b) The approved plans submitted in conjunction with any planned unit development. Sec. 14.0105.5.Boundaries of districts; maps The boundaries of the districts are shown upon the maps, which have been made a part hereof by reference. That part of the maps designating the different districts and their boundaries and that part of the legend designating the symbol title shall have the same force and effect as if they were all fully set forth herein. Other notations in references thereon are for information only.

Sec. 14.0106. General regulations relating to boundaries and districts.
Where uncertainty exists with respect to the boundaries of the various districts shown on the district map accompanying and made a part of this title by reference, the following rules apply:

(a) The district boundaries are either dedicated streets or alleys unless otherwise shown; and where the districts designated on the map made a part of this title, by reference are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district, unless the boundaries are otherwise indicated on the maps with dimensions.

(b) Where the property has been or may hereafter be divided into blocks and platted lots, the district boundary shall be construed to coincide with the nearest platted lot lines; and where the districts designated on the district map made a part of this title by reference are bounded approximately by platted lot lines, the platted lot lines shall be construed to be the boundary of the district, unless the boundaries are otherwise indicated on the maps with dimensions.

(c) In unsubdivided property the district boundary lines on the map made a part of this title by reference shall be determined by use of the scale appearing on the map.

(d) Where a public street or alley is officially vacated, the district designation of the vacated portion shall be the same as the property it attaches to.

(e) Except as hereinafter provided:

(1) No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose per­mitted in the district in which the building or land is located.

(2) No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area per family, parking and other regulations prescribed here­in for the district in which the build­ing is located.

(3) The minimum yards and other open spaces including lot areas per family required by this ordinance shall be lot areas for each and every build­ing or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every build­ing or structure whether existing at the time of passage of this ordinance or hereafter erected shall not be en­croached upon or be considered as a yard or open space requirement for any other building or structure.

(4) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless other­wise provided in this ordinance.

(f) All territory which may hereafter be annexed to the City of Vermillion shall automatically be placed and continued in the same zoning classification that now exists in the Extraterritorial Zoning Ordinance until otherwise changed by ordinance. (Ord. No. 810, § 1, 8-17-81; Ord. No. 1045, 5-20-96)

Exception: Territory zoned as A-1 in the Exterritorial Zoning Ordinance shall be automatically placed in the R-0 zoning district. (Ord. No. 810, § 1, 8-17-81; Ord. No. 1045, 5-20-96)

Sec. 14.0107. A-1 agricultural district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the A-1 agricultural district.

(a) Use regulations: A building or premises shall be used only for the following purposes:

(1) Farming, truck gardens, and orchards, including the usual farm building and structures.

(2) Single-family dwellings.

(3) Churches, and parish halls, temples, con­vents, and monasteries.

(4) Public parks, playgrounds, and com­munity centers.

(5) Public schools, elementary and high, and private educational institutions hav­ing a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.

(6) Home occupations.

(7) Golf courses, except miniature courses or practice driving tee operated for commercial purposes.

(8) Forests, nurseries, orchards, and green­houses upon a lot, tract, or a parcel of land containing an area of not less than three (3) acres.

(9) Hospitals or clinics for animals, pro­vided that if large animals are to be treated such hospital shall be located on a tract of land of not less than ten (10) acres and that no treatment rooms or pens for large animals shall be main­tained closer than two hundred (200) feet to any property line, and further provided that if open kennels are to be provided, no kennel shall be located closer than two hundred (200) feet to any property line.

(10) Roadside stands for seasonal sale of farm products which are produced upon the premises.

(11) Railroad right-of-way, including a strip of land with tracks and auxiliary facili­ties for track operations, but not in­cluding passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations.

(12) Temporary signs pertaining to the lease, hire or sale of a building or premises on which such sign is located.

(13) Accessory buildings and uses, including customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area.

(14) Signs not exceeding four (4) square feet in area indicating the type of plant being grown or the type of fertilizer being used.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 14.0116.

(c) Height regulations: No building shall exceed two and one-half (2-½) stories nor shall it exceed thirty-five (35) feet in height except as provided in Section 14.0115.

(d) Area regulations:

(1) [Yards:] Subject to the modifications set out in Section 14.0115, the yard regulations are as follows:

(a) Front yard. There shall be a front yard of not less than thirty (30) feet.

(b) Side yard. There shall be a side yard on each side of a lot of not less than eight (8) feet.

(c) Rear yard. There shall be a rear yard of not less than twenty-five (25) feet.

(2) Minimum lot area: A residential lot shall contain not less than one (1) acre in area.

Sec. 14.0107-1. R-0 Single-family residential district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the R-0 single-family residential district.

(a) Use regulations: A building or premises shall be used only for the following purposes:

(1) Single-family dwellings.

(2) Churches.

(3) Public buildings, parks, playgrounds and community centers.

(4) Public schools, elementary and high, and private educational institutions having a curriculum the same as ordinarily given in public schools.

(5) Home occupations.

(6) Golf courses, except miniature courses or practice driving tees operated for commer­cial purposes.

(7) Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations.

(8) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during the development being con­ducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time or erection of such temporary buildings, which­ever is sooner.

(9) Temporary signs pertaining to the lease, hire or sale of a building or premises on which such sign is located.

(10) Accessory buildings and uses including but not limited to accessory private garages, servants’ quarters, guest houses, swimming pools, home barbecue grills, customary church bulletin boards, or identification signs not exceeding thirty (30) square feet in area for permitted public and semipublic uses, accessory storage, and accessory off-street park­ing and loading spaces.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 14.0116.

(c) Height regulations: No building shall exceed two and one-half (21/2) stories nor shall it exceed thirty-five (35) feet in height except as provided in section 14.0115.

(d) Area regulations:

(1) [Yards:] Subject to the modifications set out in section 14.0115, the yard regulations are as follows:

(a) Front yard. There shall be a front yard of not less than thirty (30) feet.

(b) Side yard. There shall be a side yard on each side of a lot of not less than eight (8) feet.

(c) Rear yard. There shall be a rear yard of not less than twenty-five (25) feet.

(2) Minimum lot area:

(a) A lot occupied by a single-family dwelling shall contain not less than seventy two hundred (7,200) square feet and shall be not less than seventy-five (75) feet in width.

(b) A lot having an area or width less than herein required and which was recorded under separate ownership from adjoin­ing lot at the effective date of this or­dinance may be occupied by a single­-family dwelling or by any other per­mitted nonresidential use. (Ord. No. 810, § 2, 8-17-81)

Sec. 14.0108. R-1 residential district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the R-1 residential district.

(a) Use regulations: A building or premises shall be used only for the following purposes:

(1) Single-family dwellings.

(2) Churches.

(3) Public buildings, parks, playgrounds and community centers.

(4) Public schools, elementary and high, and private educational institutions hav­ing a curriculum the same as ordinarily given in public schools.

(5) Home occupations.

(6) Golf courses, except miniature courses or practice driving tees operated for commercial purposes.

(7) Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations.

(8) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during the development being conducted on the same or adjoin­ing tract or subdivision and which shall be removed upon completion or aban­donment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.

(9) Temporary signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located.

(10) Accessory buildings and uses including, but not limited to, accessory private garages, servants’quarters, guest houses, swimming pools, home barbecue, grills, customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area for permitted pub­lic and semipublic uses, accessory storage, and accessory off-street parking and load­ing spaces.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 14.0116.

(c) Height regulations: No building shall exceed two and one-half (2-½) stories nor shall it exceed thirty-five (35) feet in height except as provided in Section 14.0115.

(d) Area regulations:

(1) Subject to the modifications set out in section 14.0115, the yard regulations are as follows:

(a) Front Yard. There shall be a front yard of not less than thirty (30) feet.

(b) Side Yard. There shall be a side yard on each side of a lot of not less than eight (8) feet.

(c) Rear Yard. There shall be a rear yard of not less than twenty-five (25) feet.

(2) Minimum lot area:

(a) A lot occupied by a single-family dwelling shall contain not less than seventy-two hundred (7,200) square feet and shall be not less than sixty (60) feet in width.

(b) A lot occupied by a two-family dwelling shall contain not less than ten thousand (10,000) square feet and shall be not less than seventy-five (75) feet in width.

(c) A lot having an area or width less than herein required and which was recorded under separate ownership from adjoining lot at the effective date of this ordinance may be occu­pied by a single-family dwelling or by any other permitted nonresidential use. (Ord. No. 873, § 1, 10-21-85)

Sec. 14.0109. R-2 general residential district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when re­ferred to in this section, are the regulations of the R-2 general residential district.

(a) Use regulations. A building or premises shall be used only for the following purposes:

(1) Any use permitted in the R-1 residential district.

(2) Two-family dwellings.

(3) Multiple dwellings.

(4) Boarding and lodging houses.

(5) Fraternities and sororities.

(6) Private clubs and lodges.

(7) Hospitals, nursing homes, clinics and educational, philanthropic or religious institutions, except those for criminals or for the mentally ill.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Sec­tion 14.0116.

(c) Height regulations: No building shall exceed three (3) stories nor shall it exceed forty-five (45) feet in height except as pro­vided in Section 14.0115.

(d) Area regulations:

(1) Yards: The front, side and rear yard regulations are the same as those in the R-1 residential district.

(2) Minimum lot area:

(a) A lot occupied by a single-family dwelling shall contain not less than six thousand (6,000) square feet and shall be not less than sixty (60) feet in width.

(b) A lot occupied by a two (2) family dwelling shall contain not less than ten thousand (10,000) square feet and shall be not less than seventy (70) feet in width. A lot occupied by a three (3) family dwelling shall contain not less than thirteen thousand (13,000) square feet and a four (4) family dwelling shall contain not less than fifteen thou­sand five hundred (15,500) square feet of lot area. For each additional family unit over four (4), there shall be an additional two thousand (2,000) square feet of lot area. A lot occupied by a multiple-family dwelling shall be not less than sixty (60) feet in width.

(c) A lot occupied by a boarding or lodging house, or a fraternity or sorority, shall contain not less than seven thousand two hundred (7,200) square feet and shall be not less than seventy (70) feet in width.

(d) A lot having an area or width less than herein required and which was recorded under separate ownership from adjoining lots at the effective date of this ordinance may be occu­pied by a single-family dwelling or by any other permitted non-residential use. (Ord. No. 873, § 2, 10-21-85)

Sec. 14.0109-1. R-3 multiple dwelling district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when re­ferred to in this section, are the regulations of the R-3 multiple dwelling district.

(a) Use regulations: A building or premises shall be used only for the following purposes: (1) Any use permitted in the R-2 general residential district.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 14.0116.

(c) Height regulations: No building shall exceed three (3) stories nor shall it exceed forty-five (45) f et in height except as provided in Section 14.0115.

(d) Area regulations:

(1) [Uses:] Subject to the modifications set out in section 14.0115, the yard regula­tions are as follows:

(a) Front yard: There shall be a front yard of not less than thirty (30) feet.

(b) Side yard: There shall be a side yard on each side of the lot of not less than ten (10) feet for a one­ story building; fifteen (15) feet for a two (2) story building, and twenty (20) feet f or a three (3) or four (4) story building.

(c) Rear yard: There shall be a rear yard of not less than twenty-five (25) feet.

(2) Minimum lot area:

(a) A lot occupied by a single-family dwelling shall contain not less than six thousand (6,000) square feet and shall be not less than sixty (60) feet in width.

(b) A lot occupied by a two-family dwelling shall contain not less than seven thousand two hundred (7,200) feet and shall be not less than sixty (60) feet in width.

(c) A lot occupied by a multiple dwell­ing shall contain not less than two thousand (2,000) square feet per family unit for a one-story build­ing, and not less than one thousand (1,000) square feet per family unit for a multi-story building. A lot occupied by a multiple family dwelling shall contain not less than seven thousand two hundred (7,200) square feet and shall be not less than sixty (60) feet in width.

(d) A lot occupied by a boarding or lodging house, or a fraternity or sorority, shall contain not less than seven thousand two hundred (7,200) square feet and shall be not less than seventy (70) feet in width.

(e) A lot having an area or width less than herein required and which was recorded under separate owner­ship from adjoining lots at the ef­fective date of this ordinance may be occupied by a single-family dwelling or by any other permitted nonresidential use. (Ord. No. 496, 8-7-67)

Sec. 14.0109-2. PUD planned unit de­velopment.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations of the PUD planned unit development dis­trict.

(a) Use Regulations: (1) Any use permitted in the R-3 zone.

(b) Height Regulations: No building shall exceed three (3) stories nor shall it exceed forty-five (45) feet in height except as provided in section 14.0115.

(c) Area Regulations:

(1) Minimum size of any planned unit development shall be five (5) acres.

(2) Minimum lot size, width, depth, front yard, side yard and rear yard shall be as determined by the governing body.

(3) Zero lot lines may be established, provid­ed the following:

a. A five-foot easement appropriate for maintenance of a zero lot line wall shall be established as a deed restric­tion on property adjacent to a zero lot line.

b. Any protrusion of more than one (1) foot out from a zero lot line wall shall require additional easement depth equal to the distance of protrusion from said wall in excess of one (1) foot.

c. No part of any structure shall be closer than ten (10) feet from any other structure.

d. Side lot lines of lots which provide maintenance easements for other lots shall be considered to be on the inside of said easement.

(d) Development Plan:

(1) An applicant for a PUD zoning designa­tion shall submit a development plan to the city engineer.

(2) The development plan shall consist of a scaled drawing showing the following:

a. Boundaries and legal description of all property to be developed including adjacent land uses and structures.

b. Size, location and use of proposed structures.

c . Parking lot arrangement.

d. Streets and sidewalks.

e. Landscaping.

f. Existing and proposed utilities, drainageways and watercourses.

g. Documentation of the ownership and maintenance responsibility of any common open spaces, structures or facilities.

(e) General Considerations: The following shall be considered when reviewing and approving a development plan:

(1) Provision for sitting of structures to assure sufficient solar access to permit use of active and passive solar heating devices.

(2) Provision of adequate open spaces.

(3) Provision of direct, convenient pedestrian access from each dwelling unit to open spaces.

(4) Determination of street widths, required resident and visitor parking spaces, and sidewalks.

(5) Provision of adequate storage facilities.

(6) The use, terrain and densities of existing developed properties in the city in deter­mining requirements for density of de­velopment and open space requirements.

(f) Completion of Improvements: An appli­cant for a PUD zoning designation shall submit, as a part of the development plan, a listing of the anticipated sequence of develop­ment within the proposed PUD area. All proposed structures, open spaces, land­scaping, and any other improvements and amenities shall be included on such list. Improvements to be installed shall include at least the following:

(1) Permanent markers. All PUD boundary corners and the intersections of street center lines shall be marked with perma­nent markers approved by the city engineer.

(2) Street improvements. Roadway surfacing shall be concrete or asphalt meeting the standard specifications of the City of Vermillion and shall include standard curb and gutter.

(3) Sidewalks. Sidewalks approved in the development plan shall be constructed according to the standard specifications of the City of Vermillion.

(4) Waterlines. Each lot shall be served with a water main of the Vermillion Municipal Water System. All fire hydrants shall be installed under the supervision of the superintendent of water distribution of the City of Vermillion.

(5) Sewers. Adequate sewer lines accessible to each lot, connected to the sanitary sewer system of the City of Vermillion, [shall be] constructed in accordance with the standard specifications of the city engineer, and subject to his approval.

(6) Drainage. Adequate provision shall be made for drainage of storm water subject to the approval of the city engineer. Drainage improvements shall maintain any natural watercourse and shall pre­vent the collection of water in any low spot.

(g) Procedures:

(1) Procedure for approval of a planned unit development shall be the same as that required for an amendment to this ordinance and that required for approval of a subdivision plat in the Land Subdivision Ordinance of the City of Vermillion [Appendix C].

(2) Any change in the type of uses or location of uses or sequence of develop­ment shown on an approved development plan shall be approved by the governing body. (Ord. No. 794, 11-3-80)

Sec. 14.0109-3 Country Side Planned Unit Development

AREA A
The purpose of this district is to provide for low-density manufactured homes and residential areas within Planned Unit Developments. All City ordinances apply to the Planned Unit Development except for those modified below.

Permitted uses

(1) Single Family Dwellings

(2) Accessory Structures

Lot and Yard Regulations
All measurements shall be taken from the lot line to the building line at the closest point.

Property Re-division

1. All future property re-division shall require a re-platting of the affected parcels.

Additional use regulations:

1. Each dwelling shall be no less than 22’ in width.

2. Each dwelling unit shall have a continuous and complete foundation to include a minimum 20x24 garage foundation installed at the time of home construction. Foundations shall comply with diagram 14-A.

3. One accessory building may in built in the required rear yard. This accessory building may not exceed 10’x10’ and shall have house type siding. Metal accessory buildings are not allowed.

4. Garages must be sided and shingled with the same material and color as the main dwelling unit.

5. Main dwellings, Garages and accessory buildings must have a minimum roof pitch of 3” of rise for every 12” of horizontal run. Roofing material shall be asphalt, fiberglass, or wood shingles.

6. Each dwelling shall have a minimum of two trees planted in the front yard located 24 feet from the curb. Trees must be planted within the first year of occupancy and maintained for the life of the home. No trees are permitted any closer to the street or in the City right of way. (Between the sidewalk and the curb). All trees shall be of an approve type listed in the City’s tree planting ordinance no. 846

7. Driveways and sidewalks are required at the time of home construction and shall be constructed and located in compliance with diagram 14-B. Driveway width shall be a minimum of 20’ wide. Only Lots 11 and 12 may have driveways onto the Burbank Road.

8. Fences may not exceed 6’ in height or extend beyond the front line of the structure.

AREA B
The purpose of this district is to provide for low impact Business, Medium-density manufactured homes and residential areas within Planned Unit Developments. All City ordinances apply to the Planned Unit Development except for those modified below. Permitted uses Business uses

1. Convenience Stores

2. Drug Stores

3. Markets

4. Retail Stores.

Residential uses

1. Single Family Dwellings

2. Duplex

3. Accessory Structures

Lot and Yard Regulations
All measurements shall be taken from the lot line to the building line at the closest point.

Property Re-division
All future property re-division shall require a re-platting of the affected parcels Additional use regulations

Residential uses

1. Each dwelling shall be no less than 22’ in width.

2. Each dwelling unit shall have a continuous and complete foundation to include a minimum 20x24 garage foundation installed at the time of home construction. Foundations shall comply with diagram 14-A.

3. One accessory building may in built in the required rear yard. This accessory building may not exceed 10’x10’ and shall have house type siding. Metal accessory buildings are not allowed.

4. Garages must be sided and shingled with the same material and color as the main dwelling unit.

5. Main dwellings, Garages and accessory buildings must have a minimum roof pitch of 3” of rise for every 12” of horizontal run. Roofing material shall be asphalt, fiberglass, or wood shingles.

6. Each dwelling shall have a minimum of two trees planted in the front yard located 24 feet from the curb. Trees must be planted within the first year of occupancy and maintained for the life of the home. No trees are permitted any closer to the street or in the City right of way. (Between the sidewalk and the curb). All tree shall be of an approve type listed in the City’s tree planting ordinance no. 846. 7. Driveways and sidewalks are required at the time of home construction and shall be constructed and located in compliance with diagram 14-B. Driveway width shall be at least 20’ wide. Only Lots 11 and 12 may have driveway onto the Burbank Road. 8. Fences may not exceed 6’ in height or extend beyond the front line of the structure.

Business uses

1. When abutting Residential uses a privacy barrier approved by the City Building Inspector shall be required as near as possible to the lot line abutting the residential zone and extend to the front yard setback lines as shown on the plat.

2. Lighting shall be directed away from residential zones.

3. No accessory buildings are permitted in conjunction with business uses.

4. Only the following signs are permitted in Area B.

(a) Signs attached flat against the wall or window pertaining to a use within the building and not extending more than eighteen (18) inches from the building to which they are attached.

(b) One permanent freestanding on-premises sign per lot shall be allowed, Minimum height to the bottom of the sign shall be 12 feet. Sign supports shall not interfere with visibility at street s and driveways. Signs shall be located a least 50 feet from any abutting residential uses

(c) Awnings extending no more than three feet from the building.

5. One (1) parking space for each two hundred (200) square feet of floor area.

6. Dumpsters must be concealed behind a solid walled area with a solid gate and be located behind the setback lines.

Sec. 14.0110. B-1 general business district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when re­ferred to in this section, are the regulations in the B-1 general business district.

(a) Use Regulation. A building or premises shall be used only for the following purposes:

(1) Any use permitted in the R-3 multiple dwelling district.

(2) Automobile parking lots.

(3) Bowling alleys, pool halls, dance halls, or skating rinks.

(4) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (5) Farm implements, trailers or mobile homes, sale and repair.

(6) Filling stations.

(7) Funeral homes or mortuaries.

(8) Hotels or motels.

(9) Hospitals or clinics for small animals.

(10) Laboratories, research, experimental or testing.

(11) Public garages and automobile repair shops.

(12) Theatres and assembly halls.

(13) Drive-in restaurants.

(14) Truck terminals.

(15) Wholesale merchandising or storage warehouses.

(16) General service and repair establish­ments including dyeing or cleaning, laundry, plumbing and heating, print­ing, upholstering or tinsmithing.

(17) Outdoor advertising sign or structure.

(18) Offices and office buildings.

(19) Personal service uses including barbershops, banks, beauty parlors, photo­graphic or artists’ studios, messengers, taxicabs, newspaper or telegraphic serv­ice stations, dry cleaning, receiving sta­tions, restaurants, and other personal service uses of a similar character.

(20) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store.

(21) Self-service laundries and dry cleaning establishments.

(22) Accessory buildings and uses.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 14.0116.

(c) Height regulations: No building shall exceed six (6) stories nor shall it exceed seventy-five (75) feet in height except as pro­vided in Section 14.0115.

(d) Area regulations:

(1) Yards:

(a) The front and rear yard regula­tions for dwellings are the same as those in the R-2 residential district.

(b) The side yard regulations for dwell­ings are the same as those in the R-1 residential district. No side yards for commercial buildings are required except on the side of a lot abutting an R-1 or R-2 district, in which event a side yard of not less than six (6) feet shall be pro­vided.

(2) Minimum lot area: The minimum lot area for dwelling requirements are the same as those in the R-3 multiple dwell­ing district. (Ord. No. 496, 8-7-67)

Sec. 14.0111. B-2 central business district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the B-2 central business district.

(a) Use regulations. A building or premises shall be used only for the following purposes:

(1) Any use permitted in the R-3 multiple dwelling district.

(2) Bakeries whose products are sold at re­tail on the premises.

(3) Banks.

(4) Barber shops or beauty parlors.

(5) Business or commercial schools.

(6) Dancing or music academy.

(7) Electrical and shoe, repair shops.

(8) Interior decorating shops.

(9) Messenger or telegraph service stations.

(10) Photographic galleries.

(11) Storage garages.

(12) Restaurants.

(13) Sales show rooms.

(14) Laundry, dry cleaning, and dyeing shops or laundromats.

(15) Theatres, except open-air drive-in theatres.

(16) Taverns.

(17) Plumbing shops.

(18) Advertising signs shall comply with section 21-13.

(19) Hotels or motels.

(20) Printing shops and newspaper printing shops.

(21) Automobile parking lots.

(22) Offices and office buildings.

(23) Conduct of any retail business or com­mercial enterprise similar to the above listed uses.

(b) Parking regulations: Off-street parking spaces for single-family, two-family and mul­tiple dwellings shall he provided in accordance with the requirements for specific uses set out in Section 14.0116. No off-street parking spaces are required for any other use.

(c) Height regulations: The height regula­tions are the same as those in the B-1 general business district.

(d) Area regulations:

(1) Yards. No yards are required.

(2) Minimum lot area. The minimum lot area requirements for dwellings are the same as those in the R-3 multiple dwell­ing district. (Ord. No. 496, 8-7-67; Ord. No. 779, 12-17-79)

Sec. 14.0111-1. I-0 industrial park district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the I-0 industrial park district.

(a) Use regulations: A building or premises shall be used only for the following purposes and only when conducted within a completely enclosed building:

(1) Any use permitted in the B-1 general business district, except residential uses.

(2) Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

(3) Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.

(4) Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dyes, machinery and hardware products, sheetmetal products and vitreous enameled metal products.

(5) Manufacture or storage of food products including beverage blending or bottling, bakery products, candy manufacture, dairy products and ice cream, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

(6) Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and printing and finishing of textiles and fibers into fabric goods.

(7) Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of a similar nature.

(8) Generally those light manufacturing uses similar to those listed in Items (2) to (7) above which do not create any outside storage of material used in the manufacturing process or products resulting from the manufacturing process nor any danger to health and safety in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, lint, odors, heat or glare.

(9) Accessory buildings and uses.

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in section 14.0116.

(c) Height regulations: The height regulations are the same as those in the B-2 central business district.

(d) Area regulations: Subject to the modifications set out in section 14.0115, the area regulations are as follows:

(1) Front yard. There shall be a front yard of not less than thirty (30 feet).

(2) Side yard. There shall be a side yard on each side of a lot of not less than ten (10) feet.

(3) Rear yard. There shall be a rear yard of not less than twenty-five (25) feet.

(e) Screening and landscaping: All yard required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in a neat condition. (Ord. No. 549, 3-15-71)

Sec. 14.0112. I-1 light industrial district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the I-1 light industrial district.

(a) Use regulations. A building or premises shall be used only for the following purposes:

(1) Laboratories, research, experimental or testing.

(2) Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

(3) Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.

(4) Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dyes, machinery and hardware products, sheetmetal products and vitreous enameled metal products.

(5) Manufacture or storage of food products including beverage blending or bottling, bakery products, candy manufacture, dairy products and ice cream, fruit and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals.

(6) Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, and printing and finishing of textiles and fibers into fabric goods.

(7) Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of a similar nature.

(8) Generally those light manufacturing uses similar to those listed in Items (2) to (7) above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odors, heat, or glare than that which is generally associated with light industries of the type specifically permitted.

(9) Accessory buildings and uses.

(10) Truck terminals.

(11) Wholesale merchandising or storage warehouses.

(12) Electrical plumbing, heating, and general contractors. Editor’s note—Ord. No. 698, enacted Sept. 6, 1977, § 14.0112

(a) by adding provisions designated as items (11)-(13), which provisions have been re­designated by the editors as items (10)-(12) due to the fact that said § 14.0112(a) did not contain an item (10).

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Sec­tion 14.0116.

(c) Height regulations: The height regula­tions are the same as those in the B-2 central business district.

(d) Area regulations: The area regulations are the same as those in the B-1 general busi­ness district. (Ord. No. 689, 9-6-77)

Sec. 14.0113. 1-2 heavy industrial district regulations.
The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the regulations in the 1-2 heavy industrial district.

(a) Use regulations: Any building or prem­ises may be used for any purpose not in con­flict with any ordinance of Vermillion regulat­ing nuisances or laws of the State of South Dakota; provided, however, that no building shall be erected, converted, reconstructed or structurally altered for church, library, school, hospital, or residential purposes, except for resident watchmen and caretakers employed on the premises and except for farms; provided, that no building or occupancy permit shall be issued for any of the following uses or manu­facture, compounding, processing, packaging or treatment of the following products until and unless the location of such use shall have been approved by the city council after public hearing and report by the city plan commission as provided in Section 14.0117. The council shall review the, plans and statements and shall not permit such buildings, structures, or uses until it has been shown that the public health, safety, morals and general welfare will be properly protected, and that necessary safe­guards will be provided for the protection of surrounding property and persons. The council in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety:

Chemicals, petroleum, coal, and allied products:
Acid and derivatives Acetylene Ammonia Carbide Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fuel gas) and coke oven products storage Distillation, manufacture, or refining of coal, tar, asphalt, wood and bones Explosives (including ammunition and fire­works) and explosives’ storage Fertilizer (organic) Fish oils and meal Glue, gelatin (animal) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nature, and storage Petroleum, gasoline, and lubricating oil re­fining, and wholesale storage Plastic materials and synthetic resins Potash Pyroxylin Rendering and storage of dead animals, offal, garbage, or waste products Wells, gas and oil

Clay, stone and glass products:
Brick, firebrick, refractories, and clay prod­ucts (coal fired) Cement, lime, gypsum, or plaster of paris Minerals and earths: quarrying, extracting, grinding, crushing, and processing

Food and beverage:
Fat rendering Fish curing, packing, and storage Slaughtering of animals Starch manufacture

Metals and metal products:
Aluminum powder and paint manufacture Blast furnace, cupolas Blooming mill Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction or smelting Steel works and rolling mill (ferrous)

Wood and paper products:
Match manufacture Wood pulp and fiber, reduction and process­ing

Unclassified industries and uses:
Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage Stockyards Junkyards and auto wrecking yards Refuse disposal grounds

(b) Parking regulations: Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 14.0116.

(c) Height regulations: The height regula­tions are the same as those in the B-1 general business district.

(d) Area regulations: No yards are required except on the front, rear or side of a lot abutting an R-1 or R-2 district in which event the yard regulations of the R-1 residential district shall apply.

Sec. 14.0114. Nonconforming uses.
The following general rules and regulations shall apply with respect to nonconforming uses.

(a) The lawful use of a building existing at the time of the adoption of this ordinance may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a nonconform­ing use of a building may be changed to an­other nonconforming use of the same or more restricted classification. The foregoing provi­sions shall also apply to nonconforming uses in districts as may be hereafter changed. When­ever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not there­after be changed to a less restricted use.

(b) No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five (65) percent of its assessed value, shall be re­stored except in conformity with the regula­tions of this ordinance.

(c) In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(d) A nonconforming use occupying only a portion of a building may be extended through­out the building if the same has been lawfully acquired and actually devoted to such use, previous to the adoption of this ordinance or to any affecting amendments thereof.

Sec. 14.0115. Additional height and area regulations.
The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.

(a) Public, semipublic or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches may be erected to a height not exceed­ing seventy-five (75) feet, provided that the front yard depth shall be thirty (30) percent in excess of those specified in this ordinance, and further provided that the side yard of an interior lot shall be twenty (20) feet and the side yard on a corner lot shall be equal to the front yard requirements as stated hereinabove.

(b) Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monu­ments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.

(c) Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty (30) percent of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage is entered from an alley at right angles, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.

(d) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes other than by domestic servants employed entirely on the premises.

(e) Every part of a required yard shall be open to the sky, unobstructed by any struc­ture, except for the projection of sills, belt course, cornices and ornamental features which are not to exceed twelve (12) inches.

(f) No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially com­pleted.

(g) Open-lattice enclosed fire escapes, fire­proof outside stairways, and balconies opening upon fire towers, and the ordinary projec­tions of chimneys and flues into the rear yard may be permitted by the building official for a distance of not more than three and one half (31/2) feet and where the same are so placed as not to obstruct light and ventilation.

(h) An open unenclosed porch or paved ter­race may project into a front yard for a dis­tance not exceeding ten (10) feet. An en­closed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.

(i) Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.

(j) For the purpose, of the side yard regu­lations, a two-family dwelling, or a multiple dwelling, shall be considered as one (1) build­ing occupying one (1) lot.

(k) Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space re­quirements around the lot for the district in which the lot or tract is located.

(l) In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional motel or hotel purposes, there may be more than one main building on the lot provided, however, that the open space between build­ings that are parallel or within forty-five (45) degrees of being parallel, shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story build­ings and forty (40) feet for three or four-story buildings.

(m) Where, an open space is more than fifty (50) percent surrounded by a building, the minimum width of the, open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three, or four-story build­ings.

(n) No side yards are required where dwell­ing units are erected above commercial and industrial structures.

(o) Where lots have, double frontage, the required front yard shall be provided on both streets.

(p) The required side yard on the street side of a corner lot shall be one-half the re­quired front yard on such street, provided that no adjacent structures front on the same street, in which case the entire required front yard must be provided, except that the build­ing width shall not be reduced to less than thirty-two (32) feet, and no accessory build­ing shall project beyond the required front yard on either street.

(q) Whenever a lot at the effective date of this ordinance has a width of less than sixty (60) feet, the side yards may be reduced to a width of not less than ten (10) percent of the width of the lot, but in no instance shall it be less than five (5) feet.

(r) The front yards heretofore established shall be adjusted in the following cases:

(1) Where forty (40) percent or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more build­ings that have, with a variation of five (5) feet or less, a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.

(2) Where forty (40) percent or more of the frontage on one side of a street be­tween two (2) intersecting streets is de­veloped with two (2) or more buildings that have a front yard of less depth than herein required, then:

(a) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the mini­mum front yard shall be a line drawn between the two (2) closest front corners of the adjacent build­ing on each side, or

(b) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an exist­ing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(s) In erecting and locating buildings and structures on the streets or portions thereof within B-1 general business district, B-2 cen­tral business district, I-1 light industrial dis­trict, and I-2 heavy industrial district, owners and contractors shall adhere to the following limitations, restrictions and setbacks, viz:

(1) No building shall be erected with the street wall nearer than one hundred fifty (150) feet to the center line of the following streets, avenues and highways: Cherry Street from east city limits to west city limits; Stanford Street from north city limits to south city limits.

(2) No building shall be erected with the street wall nearer than one hundred thirty-three (133) feet to the center line of the following streets, avenues and highways: Dakota Street from Cherry Street to north city limits.

(3) No building shall be erected with the street wall nearer than thirty (30) feet to the street line on the side abutting on the following streets, avenues and highways: Cottage Avenue from Dartmouth Street to north city limits.

(4) No building shall be erected with the street wall nearer than ten (10) feet to the street line on that side abutting on the following streets, avenues and highways: Crawford Road from north city limits to south city limits; Norbeck Street from north city limits to south city limits; Jefferson Street from north city limits to Lincoln Street; Princeton Street from north city limits to Dartmouth Street; Carr Street from north city limits to Dartmouth Street; National Street from Franklin Street to Dakota Street; Duke Street from Stanford Street to east city limits; Cornell Street from Stanford Street to High Street.

(5) No portion or projection, temporary or permanent, of any building or structure shall be so constructed as to extend beyond the front building wall unless the building official shall determine that such projection will in no manner inter­fere with the public use of any street, sidewalk or way; and no permit shall be granted for the construction of any such projection or portion of any such building or structure unless the owner shall agree in writing that he or his suc­cessor in interest, will, at his expense, remove the same in the event the gov­erning body of the city, in its sole discretion, shall determine that such portion or projection interferes or has come to interfere with public interest and welfare and the use of said street, side­walk or way.

(t) Single-family dwellings constructed with a zero lot line special use shall conform to the following:

(1) A five-foot easement appropriate for main­tenance of a zero lot line wall shall be es­tablished as a deed restriction on property adjacent to a zero lot line.

(2) Any protrusion of more than one (1) foot out from a zero lot line wall shall require additional easement depth equal to the dis­tance of protrusion from said wall in excess of one (1) foot.

(3) No part of any structure shall be closer than ten (10) feet from any other structure.

(4) Side lot lines of lots which provide mainte­nance easements for other lots shall be con­sidered to be on the inside of said easement.

(5) Minimum lot width in the R-0 district shall be seventy-five (75) feet. One (1) sixteen foot side yard shall be required on each lot.

(6) Minimum lot width in the R-1 district shall be thirty-six (36) feet. Minimum lot size shall be five thousand (5,000) square feet.

(7) Density of development in other zones where dwelling units are permitted shall not ex­ceed that of the most dense type of dwell­ing units permitted in the R-2 district. (Ord. No. 510, 5-6-68; Ord. No. 572, 4-3-72; Ord. No. 810, § 3, 8-17-81)

Sec. 14.0116. Parking regulations.
No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty (50) percent, or changed in use unless there is provided on the lot, space for the park­ing of automobiles or trucks in accordance with the following minimum requirements:

(a) Bowling alley: five (5) parking spaces for each alley.

(b) Business, professional or public office buildings, studio, bank, medical or dental clinic: three (3) parking spaces plus one additional parking space for each four hundred (400) square feet of floor area over one thou­sand (1,000).

(c) Church: one (1) parking space for each eight (8) seats in the main auditorium.

(d) College or school: one (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, which­ever is greater.

(e) Community center, library, museum or ­art gallery: ten (10) parking spaces plus one additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.

(f) Dwellings: Two (2) parking spaces for each dwelling unit.

(g) Hospital, sanitarium, home for the aged or similar institution: one (1) parking space for each three (3) beds.

(h) Hotel: one (1) parking space for each three (3) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained herein.

(i) Manufacturing or industrial establish­ment, research or testing laboratory, creamery, bottling plant, warehouse or similar establish­ment: one (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

(j) Mortuary or funeral home: one (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.

(k) Private club or lodge: one (1) parking space for every ten (10) members.

(l) Restaurant, night club, cafe or similar recreation or amusement establishment: one (1) parking space for each one hundred (100) square feet of floor area.

(m) Retail store or personal service establishment: one (1) parking space for each two hundred (200) square feet of floor area.

(n) Rooming house, lodging house, fraternity or sorority: one (1) parking space for each two (2) beds.

(o) Sports arena, stadium or gymnasium except school: one (1) parking space for each five (5) seats or seating spaces.

(p) Theatre or auditorium, except school: one (1) parking space for each five (5) seats or bench seating spaces.

(q) Front yard and side yard parking: Except for presently existing uses of front yard space for vehicle parking preserved under the noncon­forming use provisions of the law, no off-street parking of any vehicle defined in section 23-2 shall be permitted in the front yard of any R-0, R-1, or R-2 residential district, except on a normal driveway providing access to the garage or to the year of the lot; provided further, that on a corner lot no off-street parking of a vehicle shall be per­mitted between the side yard lot line and the side street building line, or the side street lot line and the principal building, whichever is greater. Drive­ways may be placed on a lot line. (Ord. No. 557, 11-1-71; Ord. No. 931, 1-3-89)

Sec. 14.0117. Special uses.
The city council of Vermillion may, by special permit, after public hearing before the council and after study and report by the city planning commission, and subject to such rea­sonable conditions and protective restrictions as are deemed necessary, authorize the following special uses in any district from which they are otherwise prohibited:

(a) Cemetery or mausoleum on sites of not less than twenty (20) acres.

(b) Greenhouse or nursery.

(c) Hospital, clinic or institution not primarily for the mentally ill or those with contagious diseases, provided that less than forty (40) percent of the total land area is occupied by buildings and that all of the required yards are increased by one (1) foot for each foot of building height in excess of height limits specified in this ordinance.

(d) Landing field or strip for aircraft. (e) Nursery school. (f) Radio tower or broadcasting station.

(g) Removal of gravel, topsoil or similar natural material, with safeguards for the pro­tection of adjoining property and the com­munity as a whole.

(h) Riding stable.

(i) Marinas, yacht clubs, boat houses and bait shops.

(j) Sanitary fill for the disposal of gar­bage or trash.

(k) Trailer or mobile home park, but only when complying with the following and such additional requirements as may be deemed necessary for its proper development and the protection of the surrounding area:

(1) All appropriate state and county sani­tation regulations shall be strictly ob­served.

(2) At least two thousand (2,000) square feet of lot area per trailer shall be pro­vided; no trailer shall be parked closer to the street or highway than the re­quired front yard setback and in a resi­dential or apartment district no closer than twenty-five (25) feet to any prop­erty line; and a clearance of not less than twenty (20) feet shall be main­tained between trailer coaches on all sides.

(3) Trailer coach spaces shall abut upon a hard-surfaced driveway or accessway of not less than twenty-five (25) feet in width.

(4) Service buildings or other facilities for bathing laundry and sanitation, as re­quired by state and county health regu­lations, shall be located at least twenty-five (25) feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard-surfaced walks. Cross reference—Mobile homes, Ch. 14.

(l) Certain heavy industrial uses as required in Section 14.0113.

(m) Outdoor drive-in theatres, but only in the A-1 district when along a state highway and after approval by the state highway de­partment.

(n) Automobile trailer, trailer coach, trailer, or mobile home meeting the building require­ments and restrictions provided by section 7.0205(b) and amendments thereto, but not in the R-1 and R-0 districts.

(o) Small animal outpatient clinics when operating in an entirely enclosed structure, provided this use shall not be permitted in or adjacent to any residential zone.

(p) Single-family dwelling units constructed on zero lot lines. (q) Two-family dwelling in the R-1 district.

(r) Funeral homes in the R-2 and R-3 district. (s) Bed and breakfast in the R-2 and R-3 districts.

(t) Off premises parking for R-1 and R-2 uses in R-2 and R-3 districts. (Ord. No. 962, 1-7-91) (u) Martial arts schools and clinics in the R-2 District. (Ord. No. 1062, 9-22-97) in addition to those special uses previously autho­rized. (Ord. No. 550, 4-5-71; Ord. No. 810, §§ 6, 7, 8-17-81; Ord. No. 873, § 3, 10-21-85; Ord. No. 945, § 1, 11-27-89)

Sec. 14.0118. Board of adjustment.
A board of adjustment, to be constituted for the purposes and in the manner specified in this section and having powers and functioning in the manner herein provided is hereby created.

(a) The governing body of the City of Ver­million shall act as and perform all the duties and exercise all the powers of the board of adjustment.

(b) The board of adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings, decisions and proceed­ings, showing the vote of each member on each question, or, if absent, indicating such fact, all of which shall be a public record. Meetings of the board shall be held at the call of the mayor or president of the council, and at such other times as the board may determine. Each ses­sion of the board of adjustment at which an appeal is to be heard shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the city, at least one (1) time, not less than seven (7) nor more than fourteen (14) days prior to the meeting, and by mailing copies of the notice of hearing to the parties in interest at their last known address at least seven (7) days before the time fixed for hearing.

(c) An appeal may be taken to the board of adjustment by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by the decision of the building official. Such appeal shall be taken within such time as may be prescribed by the board by general rule, by filing with the build­ing official a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all papers con­stituting the record upon which the action ap­pealed from was taken. A concurring vote of two-thirds (2/3) of the members of the board is necessary to reverse any order, requirement, decision or determination of the building offi­cial, or to decide in favor of the applicant upon any matters upon which it is required to pass under this ordinance or to effect any variation in this ordinance. Unless otherwise provided by the board by general rule, an appeal shall be taken within fifteen (15) days after a de­cision by the building official, by filing with said building official a notice of appeal as here­in provided.

(d) The board of adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building official in the en­forcement of this ordinance, and may affirm or reverse, in whole or part, said decision of the enforcement officer.

(2) To hear requests and authorize upon appeal in specific cases such variances from the literal provisions of the zon­ing ordinance as will not be contrary to the public interest in instances where strict enforcement of the zoning ordi­nance would cause undue hardship due to circumstances unique to the individ­ual property under consideration, and authorize such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordi­nance. The board of adjustment shall not permit, as a variance, any use in a district that is not permitted under the ordinance. The board of adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

(3) To hold public hearings on, and decide the following exceptions to or variations of this ordinance:

(a) To permit the extension of a dis­trict where the boundary line there­of divides a lot held in a single ownership at the time of adoption of this ordinance.

(b) Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning dis­trict map where the street layout on the ground varies from the street layout as shown on this map.

(c) Permit reconstruction of a noncon­forming building otherwise pro­hibited by section 14.0114 where such action would not constitute continuation of a monopoly.

(d) Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not gen­erally prevalent in the neighbor­hood, which condition when related to the, yard regulations of this ordi­nance would prevent a reasonable or sensible arrangement of buildings on the lot.

(e) Vary the parking regulations by not more than fifty (50) percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this ordinance, or where it can be con­clusively shown that adequate off­-street parking to serve a particular use has been provided by or is con­trolled by the municipality.

(f) Decisions of the board in respect to the above shall be subject to appeal to the circuit court of Clay County within thirty (30) days after the filing of the decision in the office of the board, which shall be in the same office as the finance officer.

Sec. 14.0119. Enforcement, applications and permits.
There are hereby established the following general rules and regulations relating to the enforcement of this ordinance and for the ap­plication for and issuance of building permits, viz:

(a) It shall be the duty of the person desig­nated by the city council as building of­ficial to administer and enforce the regula­tions contained herein.

(b) It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, en­largement, extension, raising or moving of any building or structure, or of any por­tion thereof, without first having applied in writing to the building official for a building permit to do so and a building permit has been granted therefor.

(c) Every application for a building permit shall be in writing and delivered to the building official and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the materials of which it is to be constructed and the details and type of construction to be used. On the issuance of a permit, one set of said plans shall be retained by the building official as a permanent rec­ord and one set shall be returned to the applicant. In cases of any building or structure to be located outside the fire districts, the building official may, at his own discretion, permit the substitution of a written statement covering the essen­tial information required in place of said plans.

(d) Blank forms shall be provided by the building official for the use of those ap­plying for permits as provided for in this ordinance. Any permits issued by the building official shall be on standard forms for such purpose and furnished by the city.

(e) A record of all such applications, plans and permits shall be kept in the office of the building official. The fees to be charged for building permits shall be set by resolution of the City Council.

(f) Any building permit, under which no con­struction work has been commenced within six (6) months after the date of issue of said permit or under which the proposed construction has not been completed with­in two (2) years of the date of issue shall expire by limitation; and no work or op­eration shall take place under such per­mit after such expiration. Upon payment of ten cents ($0.10) per month for each one thousand dollars ($1,000.00) of the construction cost on which the original permit was issued, but not less than one dollar ($1.00) per month in any case, a building permit may be once extended for a period not exceeding six (6) months by the building official.

(g) For a permit for the demolition of a building or structure, the fee shall be ten dollars ($10.00).

(h) For the demolition or removal of a building that is furnished with sewer, a permit may be granted; provided, however, that in such case a deposit guaranteeing the abandonment of the sewer service, shall be deposited at appli­cation for such permit, said deposit to be in an amount to be determined by policy of the city council. Such deposit will be refunded upon comple­tion of the work or the city will arrange for such work at actual cost, plus ten (10) per cent to be paid for from such deposit, work to be completed within thirty (30) days after the issuance of permit. If sewer service is to be reused or new service required for a new structure in the imme­diate future at the same location, deposit may be waived by the building official. (Ord. No. 664, 9-15-75; Ord. No. 786, 1-21-80; Ord. No. 948, 3-19-90; Ord. No. 949, 5-21-90; Ord. No. 1021, 9-19-94)

Sec. 14.0120. Changes and amendments.
Amendments to this ordinance shall be made pursuant to the procedure established by [SDCL 1967] and to the following provisions of this ordinance, viz:

(a) The city council may, from time to time, on its own initiative, on petition or on recommendation by the city planning com­mission, after public notice and hearings provided by ordinance, and after a report by the city plan commission or after thirty (30) days written notice to said commis­sion, amend, supplement, or change the regulations or districts herein or subse­quently established.

(b) Whenever the owners of fifty (50) percent or more of the area of the lots in any district or part thereof desire any amend­ment, supplement, or change in any of the provisions of this ordinance applicable to such area, they may file a petition with the city auditor [finance officer] requesting the city council to make such amendment, supplement or change. Such petition shall be accompanied by a fee in an amount to be set by resolution, a map or diagram showing the area affected by the pro­posed amendment, supplement or change, together with the boundaries of the said area and the names and addresses of all the owners on record in the office of the register of deeds of Clay County, South Dakota, of lots therein and within a dis­tance of one hundred fifty (150) feet outside of the boundaries of said area excluding streets and alleys; and such petition shall immediately be transmitted to the city planning commission for an in­vestigation and report. The city planning commission shall file its recommendations approving, disapproving or modifying the proposed amendment, supplement, or change with the city council within thirty (30) days thereafter.

(c) If a written protest against any proposed amendment, supplement or change shall have been filed with the city finance of­ficer, signed by at least forty (40) per­cent of the owners of equity in the lots included in any proposed district and the land is within one hundred fifty (150) feet from any part of such proposed dis­trict measured by excluding streets and alleys [such proposed amendment, supple­ment or change shall not become effec­tive]. A corporation shall be construed to be a sole owner, and when parcels of land are in the name of more than one person, ownership representation shall be in pro­portion to the number of signers who join in the petition in relation to the number of owners. In the event such a protest be filed, the ordinance shall not become ef­fective as to the proposed district against which the protest has been filed.

(d) In any event or circumstance where there shall be a conflict between the directives contained in this section and the statutes of this state insofar as they shall relate to the procedure for amending this ordi­nance, the statute shall control.

(e) *If a petition for rezoning is rejected by the city council, a petition to rezone the same parcel to the same zone as previously rejected may not be presented for at least six (6) months after being rejected. (Ord. No. 723, 10-3-77; Ord. No. 727, 10-3-77; Ord. No. 1026, 9-19-94)

Sec. 14.0121. Violation and penalty.
Any person whether acting directly or through employees or agents, that violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provi­sion of this ordinance shall be deemed guilty of a public offense and upon conviction thereof shall for each offense be fined a sum not ex­ceeding one hundred dollars ($100.00) or im­prisonment in the city or county jail for a term not to exceed thirty (30) days. Each and every day that such violation continues after notification shall constitute a separate offense.

*Editor’s note-Ord. No. 727, enacted Oct. 3, 1977, amended § 14.0120 by adding provisions designated as subsection (g), which provisions the editors have redes­ignated as subsection (e) due to the fact that said § 14.0120 did not contain a subsection (e).

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