City of Milbank Ordinance #848

City of Milbank Ordinance #848

 

 

 

 

 

ORDINANCE #848

 

An ordinance to amend Ordinance 842, establishing zoning regulations for the city of Milbank, South Dakota.  

 

BE IT ORDAINED BY THE CITY COUNCIL of the City of Milbank, Grant County, South Dakota, that Chapter 17 Tables 17.07.06.1, 17.07.06.2, 17.08.06.1, 17.08.06.2, 17.09.06.1, 17.09.06.2, 17.10.06.1, 17.10.06.2, 17.11.06.1, 17.11.06.2, 17.12.06.1, 17.12.06.2, 17.13.06.1, 17.13.06.2, 17.14.06.1, 17.14.06.2, 17.15.06.1, 17.15.06.2, 17.17A.07.1, 17.17.A07.2., Section 17.24.7a. Figure 17.24.7.A, 17.22.02 be amended to read as follows:

 

17.07.06 Area/Construction Regulations. 

 

Table 17.07.06.1

	Minimum Lot Area	Minimum Lot Width	Maximum Height
Single Family Residential	43,560 square feet	150'	35'
Towers or Steeples	To be determined by the Board of Adjustment		75'
Principal building excluding tower or steeple			45'

 

Table 17.07.06.2

	Minimum Front Yard		Minimum Rear Yard	Minimum Side Yard
	Primary	Secondary
Permitted Uses	75'	37.5’	50'	30'

 

 

 

17.08.06 Construction/Area Regulations.

 

 

Table 17.08.06.1

	Minimum Lot Area	Minimum Lot Width	Maximum Height	Maximum Percent Lot Coverage
Single Family Residence	7,500 square feet	65'	35'	30%
Two-Family Residence	15,000 square feet (a)	130’ (a)	35’	30%

*Maximum height for steeples and towers shall be seventy-five (75) feet

 

Table 17.08.06.2

	Minimum Front Yard*		Minimum Rear Yard	Minimum Side Yard
	Primary	Secondary (b)
SYMBOL
Permitted Uses and Two-Family Dwellings	25'	12.5’	25'	8'(a)
Hospitals, convalescent and nursing homes, supervised care facilities and congregate housing	50’	25’	30’	30’

1. Upon subdivision into individual units, two family dwellings will be allowed one “shared” wall (required yard = zero (0) feet) provided all other yard requirements are met.
2. See Section 17.27.5 for lots created prior to 1968.

 

17.09.06 Area/Construction Regulations.

 

Table 17.09.06.1

	Minimum Lot Area	Minimum Lot Width	Maximum Height	Maximum Percent Lot Coverage
Single Family Residential	5,750 square feet	50'	35'	35%
Two (2) Dwelling Units (a)	5,000 square feet/dwelling unit	85'	35'	40%
Three (3) - Eight (8) Dwelling Units (a)	10,000 plus 1,000 square feet for each dwelling unit over four (4)	100'	45'	40%
Assisted Living, Nursing and Rest Homes, etc.	2,000 square feet/dwelling unit	60'	35'	40%
Churches, synagogues, chapels, and other similar places of worship	87,120 square feet (2 acres)	75'	35'*	30%

3. *Maximum height for steeples and towers shall be seventy-five (75) feet
4. **Construction between 35’ and 45’ is allowed only if fire suppression sprinklers are installed and maintained with the most recently published version of the International Fire Code.

Table 17.09.06.2

 

	Minimum Front Yard		Minimum Rear Yard	Minimum Side Yard
	Primary	Secondary (a)		Party Wall Side	Non-Party Wall Side
SYMBOL
Single Family Residential	25'	12.5’	25'	8'
Two (2) Dwelling Units	25'	12.5’	10'	0'	8'
Three (3) or More Dwelling Units	25'	12.5’	25'	0'	10'
Hospitals, convalescent and nursing homes, supervised care facilities and congregate housing	50’		30’	30’

1. 1. See Chapter 17.27.5 for lots created before 1968.

 

17.10.06 Area/Construction Regulations.

 

Table 17.10.06.1

 

	Minimum Lot Area	Minimum Lot Width	Maximum Height	Maximum Percent Lot Coverage
Single Family Residential	5,750 square feet	50'	35'	35%
Two (2) Dwelling Units (A)	5,000 square feet/dwelling unit	85'	35'	40%
Three (3) – Eight (8) Dwelling Units (a)	10,000 square feet	100'	45'	40%
Nine (9) – Twelve (12) Dwelling Units (a)	20,000 square feet	125'	45'	40%
Thirteen (13) or more Dwelling Units (a)	30,000 square feet	150’	45’	40%
Assisted Living, Nursing and Rest Homes, etc.	2,000 square feet/dwelling unit	60'	35'	40%
Churches, synagogues, chapels, and other similar places of worship	87,120 square feet (2 acres)	75'	35'*	30%

*Maximum height for steeples and towers shall be seventy-five (75) feet

**Construction between 35’ and 45’ is allowed only if fire suppression sprinklers are installed and maintained with the most recently published version of the International Fire Code.

 

 

 

 

 

 

Table 17.10.06.2

	Minimum Front Yard		Minimum Rear Yard	Minimum Side Yard
	Primary	Secondary (a)		Party Wall Side	Non-Party Wall Side
SYMBOL
Single Family Residential	25'	12.5’	25'	8'
Two Dwelling Units	25'	12.5’	25'	0'	8'
Three (3) to Eight (8) Dwelling Units	25'	12.5’	25'	0'	10'
Nine (9) or more Dwelling Units	25'	12.5’	25'	0'	15'
Hospitals, convalescent and nursing homes, supervised care facilities and congregate housing	50’	25’	30’	30’

1. See Chapter 17.27.5 for lots created before 1968.

 

17.11.06 Area/Construction Regulations.

 

Table 17.11.06.1

 

 

Table 17.11.06.2

 

	Minimum Front Yard	Minimum Rear Yard			Minimum Side Yard
		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts
Symbol
Permitted Uses	30'	40'		40'	10'	35'

 

17.12.06 Area/Construction Regulations.

 

Table 17.12.06.1

Table 17.12.06.2

	Minimum Front Yard	Minimum Rear Yard			Minimum Side Yard
		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts
Symbol
Permitted Uses	0'	0'		30'	0'	30'

 

17.11.06 Area/Construction Regulations.

Table 17.13.06.1

Table 17.13.06.2

	Minimum Front Yard	Minimum Rear Yard			Minimum Side Yard
		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts
Symbol
Permitted Uses	50'	30'		35'	10'	35'

 

17.14.06 Area/Construction Regulations.

 

Table 17.14.06.1

 

 

Table 17.14.06.2

 

	Minimum Front Yard	Minimum Rear Yard			Minimum Side Yard
		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts
Symbol
Permitted Uses	50'	30'		35'	10'	35'
Storage yards for junk or salvage	100’	35’		50’	35’	50’

 

 

17.15.06 Area/Construction Regulations.

 

Table 17.15.06.1

 

	Minimum Lot Area	Minimum Lot Width	Maximum Height	Maximum Percent Lot Coverage
Permitted Uses	220,000 sq. ft.	300'	50'	50%

 

Table 17.15.06.2

 

	Minimum Front Yard	Minimum Rear Yard			Minimum Side Yard
		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts
Symbol
Permitted Uses	75'	10'		50'	35’                               50’
Storage yards for junk or salvage	100’	35’		50’	50’	50’

 

17.17.06 Area/Construction Regulations.

 

Table 17.17A.07.1

 

 

 

 

 

 

Table 17.17A.07.2

	Minimum Front Yard	Minimum Rear Yard		Adjacent to Railroad Right-of-way	Minimum Side Yard
		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts		Adjacent to Industrial, Ag, or Commercial Districts	Adjacent to and Shared with Residential Districts
Permitted Uses	25'	10'	30'	1’	10'	30'
Loading Docks (facing the specified “yard”)	125’ (A)	100’ (B)	Prohibited	100’ (B)	100’ (B)	Prohibited

 

17.24. Accessory Uses. 

 

7. Height and Placement Regulations for Accessory Structures.

 

1. General Requirements. Except as otherwise provided in this Ordinance, accessory uses shall meet the standards specified below. See Figure 17.24.7.A

 

 

17.22.02 Conditional Uses 

Conditional Uses are allowed for certain uses in some districts, as identified in Article II District Regulations. Uses not listed in Article II District Regulations as eligible for a Conditional Use Permit shall not, in any circumstances, be granted a Conditional Use Permit.  Any Conditional Use approved by the Planning Commission must conform to the minimum requirements of the zoning district in which the use is located and to minimum Conditional Use standards. Additionally, the Planning Commission can add other requirements that are appropriate. In all cases, the impact of the proposed use on adjacent properties will be a major consideration.

The following procedure for requesting a Conditional use Permit shall be followed:

 

1. The Board of Adjustment shall adhere to the following procedure in considering a Conditional Use Permit. A Conditional Use Permit is intended by this Ordinance to be granted by the Board of Adjustment provided:

 

1. A written application for a Conditional Use Permit is submitted, indicating the section of this Ordinance under which the Conditional Use Permit is sought and stating the grounds on which it is requested.

 

2. Property owners adjacent to the proposed site shall be notified of the Conditional Use Permit request by mail, at the cost of the applicant.

 

3. Notice of hearing shall be published once, not less than ten (10) days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected.

 

4. The public hearing shall be held. Any party may appear in person, or by agent or attorney.

 

5. The Board of Adjustment shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the Conditional Use Permit, and that the granting of the Conditional Use Permit will not adversely affect the public interest.

 

6. The granting of any Conditional Use Permit, by the Board of Adjustment shall be based upon written findings certifying compliance with the specific rules governing individual Conditional Use Permits and that satisfactory provision and arrangements have been made concerning the following, where applicable:

 

1. Access:

 

1. The roads providing access to the property shall be determined to be adequate to meet the transportation demands of the proposed Conditional Use.  The Board of Adjustment may require the applicant to enter into a written contract with the applicable road authority regarding the upgrading and continued maintenance of any roads used for Conditional Use requested prior to issuance of a Conditional Use Permit. 

 

2. Reasonable provisions have been made for safe vehicular and pedestrian entrance and exit of the property for daily and emergency traffic.

 

2. Parking and internal traffic:

 

1. The parking areas and driveways will be covered in materials appropriate for the internal traffic generated by the use.  

 

2. The number of parking spaces is appropriate for the proposed use of the property. 

 

3. Utilities and refuse:

 

1. The manner by which electricity, water, sewer, natural gas and other utilities will be provided has been described. 

 

2. Consideration has been given to the location of refuse and service areas and manner for disposing of trash, junk, or other debris. 

 

4. Screening, buffering, and open space: 

 

1. The type, dimensions, and character of any fences, walls, hedges, or other materials used for screening; and/or open space is appropriate for the proposed use in reference the specific property.  

 

5. Lighting:

 

1. Lights associated with the use will not create a nuisance nor distract traffic.

 

2. Brightness, intensity, glare of lights will be similar to lighting which would be customarily used for permitted uses in the applicable zoning district. 

 

6. General compatibility with adjacent properties and other properties in the district.

 

1. Any use listed as a Conditional Use is generally compatible in the district it is listed in.

 

2. General compatibility is used when prescribing conditions for approval of a permit.

 

2. In granting any Conditional Use Permit the Board of Adjustment may prescribe conditions and safeguards in conformity with this regulation. Violation of such conditions and safeguards may result in revocation of the permit.  Violation of such conditions, when made a part of the terms under which the Conditional Use Permit is granted, shall further be deemed a violation of this regulation and punishable under the terms of the City of Milbank Zoning Ordinance.  

 

3. The concurring vote of a majority of the present and voting members of the Board of Adjustment is required to pass any application for a Conditional Use Permit.  

 

1. 1. If no work has commenced, unless otherwise specified by the Board of Adjustment, a Conditional Use Permit shall expire two (2) years from the date upon which the Conditional Use Permit becomes effective or two (2) years following completion of any final appeal of the decision of the Board of Adjustment to issue the permit.

 

Passed and adopted this 10^th day of July 2023.

 

Aye: 6        Nay:  0 Absent:  none

 

________________________________

Pat Raffety, Mayor

ATTEST:

 

_____________________________________

Cynthia Schumacher, Finance Officer

 

First Reading: 6/12/23

Second Reading: 7/10/23

Adopted & Approved: 7/10/23

Published: 7/29/23 & 7/26/23

Effective: 8/7/23

 

Published twice at an approximate cost of $1,009.34 and can be viewed free of charge at www.sdpublicnotices.