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Zoning Ordinance
Brule County South Dakota

BRULE COUNTY ZONING RESOLUTION  

TABLE OF CONTENTS
 
Adoption

Section 1
-District Establishment - Zoning Map
Section 2
-District Boundaries
Section 3
-District Regulations 
Section 4
-Non-conforming uses
Section 5
-Schedule of District Regulations
-Agriculture
-Residential
-Highway Commercial
-Industrial
-Environmental Conservation District
-Industrial Reserve District
-Signs

Penalties
 
Farmstead Occupation
 
Section 6
-Supplementary District Regulations
-Visibility at Intersections
Section 7
-Administration and Enforcement
-Building Permits and Certificates of Zoning Compliance
Section 8
-Establishment of Board Adjustment
Section 9
-Board of Adjustment
-Powers and duties
Section 10
-Appeals from Board of Adjustment
Section 11
-Duties of Administration
-Board of Adjustment, City Commission
-Courts on Matter of Appeal
Section 12
-Schedule of Fees, Charges, and Expenses
Section 13
-Amendments
Section 14
-Provisions of Ordinance - Minimum Requirements
Section 15
-Complaints Regarding Violations
Section 16
-Penalties for Violations
Section 17
-Separability Clause
Section 18
-Definitions
________________________________________________________________________________________________
 
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR BRULE COUNTY, SOUTH DAKOTA, AND PROVIDING FOR THE ADMINISTRATION, ENFOREMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 11-2, S.D.C.L. OF 1967, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
 
Whereas, Chapters 11-2, S.D.C.L. OF 1967, empowers the County to enact a zoning ordinance and to provide for its administration, enforcement, and amendment, and
 
Whereas, the County Commissioners deem it necessary, for the purpose of promoting the health, safety, morals, or the general welfare of the County to enact such ordinance, and
 
Whereas, the Planning Commission, pursuant to the provisions of Chapter 11-2, S.D.C.L. of 1967, is the Zoning Commission and recommends the boundaries of the various original districts and appropriate regulations to be enforced therein, and
 
Whereas, the Zoning Commission has divided the County into districts and has prepared regulations pertaining to such districts 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 overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements, and
 
Whereas, the Zoning Commission has given reasonable considerations, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the county, and 
 
Whereas, the Zoning Commission has made a preliminary report and held public meetings thereon, and submitted its final report to the County Commissioner, and
 
Whereas, the County Commissioners have given due public notice of hearings relating to zoning districts, regulations, and restrictions, and have held such public hearings, and
 
Whereas, all requirements of Chapters 11-2, S.D.C.L. of 1967, with regard to the preparation of the report of the Zoning Commission and subsequent action of the County Commissioners have been met, and
 
NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF BRULE COUNTY,
 
SECTION 1- ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
1. OFFICIAL ZONING MAP. The County is hereby divided into zones, or districts, as shown in the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.
The Official Zoning Map shall be identified by the signature of the County Commissioners attested by the County Auditor, and bearing the seal of the County under the following words:  "This is to certify that this is the Official Zoning Map referred to in Section 1 of Resolution No.______ of Brule County, South Dakota," together with the date of the adoption of this ordinance.
The Official Zoning Map, and all changes, amendments, or additions thereto, shall be located in the office of the County Auditor (or other place easily accessible to the public).
 
SECTION2- RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
2. Boundaries indicated as approximately following city limits shall be construed as following such city limits.
3. Boundaries indicated as following shore lines shall be construed to follow such shore lines and, in the event of change in shore line, shall be construed as moving with the actual shore line; boundaries indicted as approximately following the center lines to streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines.
4.Boundaries indicated as parallel to or extensions of features indicated in Subsection 1 though 3 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
5. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 4 above, the Board of Adjustment shall interpret the district boundaries.  
SECTION 3 - APPLICATION OF DISTRCIT REGULATIONS
The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
1. No building, structure, or land shall hereafter be used or and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located: provided, however, that the use of land for farming or agricultural purposes, except commercial feed lots, is specifically exempt from the provision of this ordinance.
2. No building or other structure shall hereafter be erected or altered:
    a. to exceed the height or bulk:
    b. to accommodate or house a greater number of families:
    c. to occupy a greater percentage of lot area:
    d. to have narrower or smaller rear yards, front yards, side yards, or other open
        spaces
than herein required; or in any other manner contrary to the provisions of this ordinance.
3. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
4. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective data of this ordinance shall meet at least the minimum requirements established by this ordinance.
SECTION 4 - NON-CONFORMING USES
INTENT. A non-conforming use of a building at the time of the adoption of the zoning ordinance incorporated in this Section may be continued although such use does not conform with the provisions hereof. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made therein. And the following additional regulations shall apply:
1. Whenever a district shall be hereafter changed, any then existing non-conforming use in such changed district may be continued, provided all other regulations governing the use are complied with;
2. A non-conforming use if changed to a conforming use shall not there after be changed back to any non-conforming use;
3. A non-conforming use if changed to a more restricted non-conforming use shall not thereafter be changed unless to a still more restricted use;
4. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than one-half of its assessed value, a permit may be granted for its reconstruction within a period of not to exceed six months from the date of such fire or other calamity;
5. Where a non-conforming use has existed and such non-conforming use is not exercised or continued for a period of one year, such non-conforming use shall cease to exist and the premises and building or buildings which have been subjected to such non-conforming use shall thereafter conform to the use and regulation of the district in which such premises or building is located.
SECTION 5 - SCHEDULE OF DISTRICT REGULATIONS ADOPTED
District regulations shall be as set forth in the Schedule of District Regulations, hereby adopted by reference and declared to be a part of ordinance and in Section 6 of this ordinance, entitled "Supplementary District Regulations".
 
For the purpose of this ordinance the following zoning districts and zoning map designations are established.
A   - Agricultural
R   - Residential
HC - Highway Commercial
I     - Industry
E   - Environmental Conservation
 
5.10  A - AGRICULTURE
5.11  INTENT. This District is intended to provide for general agricultural use and for the protection of agricultural resources from detrimental effects of urban development.
5.12  PRINCIPAL PERMITTED USES
1. All agricultural uses except sales and auction yards or barns.
2. Plant nurseries and truck gardens.
3. Riding Stables
4. Single family dwellings and mobile homes.
5. Lumbering, mining and extraction of minerals or raw materials.
6. Hospital
5.13 PERMITTED ACCESSORY USES AND STRUCTURES
1. Uses and structures customarily incident to the principal use of the district.
2. Temporary roadside stands for retail sale of produce.
3. Customary home or farmstead occupations.
5.14 SPECIAL EXCEPTION USES AND STRUCTURES
1.    Temporary fairgrounds and amusement parks not closer than 500 feet to any residential district, with no structure or apparatus within 30 feet of any property line.
2.    Cemeteries
3.    Golf Courses or country clubs
4.    Sanitary landfills for the proper disposal of refuge, provided such use shall not be located nearer than 1,000 feet to any residential district or dwelling.
5.    Utility substance or facilities including gas, electric, water, sewage, telephone and television necessary to the functioning of the utility provided they are located in conformance to the yard requirements.
6.    Transmission and/or service lines for the utilities as noted immediately above.
7.     Provide for lines including gas, electrical, water, sewage, telephone, T.V. distribution lines necessary to the functioning of a utility.
8.    Airports
9.    Amphitheaters, stadiums, drive-in movies, arenas and field house.
10.  Campgrounds.
11.  Churches or other places of worship.
12.  Commercial feedlots and commercial holding pens as defined by this ordinance, provided, however, that no such special exception shall be issued unless and until the proprietor of such a feedlot has complied with the amendments or additions thereto, and provided further that no such special exception shall be issued if said feedlot would constitute a public nuisance in the opinion of the Zoning Commission.
13.  Federal government grain storage.
14.  Mobile home parks as provided in Section 6-9.
5.15 MINIMUM LOT AREA AND WIDTH
1.    The minimum lot area shall be one and one-half (1 1/2) acres and the minimum lot width at the front building line shall be two hundred (200) feet. This paragraph does not apply to farmsteads established prior to adoption of this ordinance.
5.16  MINIMUM FRONT, SIDE, AND REAR YARDS
1.    The minimum yard dimensions shall be a front yard of not less than seventy(70) feet depth, a side yard of not less than forty (40) feet depth, and a rear yard of not less than fifty (50) feet depth.
5.17  MAXIMUM HEIGHT
1.    The height of any dwelling unit shall not exceed thirty-five (35) feet or two and one-half (2 1/2) stories.
5.18  SIGNS PERMITTED
All signs shall be maintained in a neat and presentable condition. In the event that they shall become illegible or their use shall cease, they shall be removed within 15 days or be subject to a penalty as set forth in Section 1600 or this ordinance.
5.19  OTHER REQUIREMENTS
5.19.01  ANIMAL FEEDING OPERATION 
An operation that stables confines, and feeds or maintains and/or poultry in either an open or housed lot for a total of 45 days or more in any 12-month period. The open lot does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more facilities under common ownership are a single animal operation if they adjoin each other, are within one mile of each other, or if they use a common area or system for the disposal of manure.
For the purpose of these regulations, Animal Feeding Operation are divided into the following classes:
 
CLASS                                ANIMAL UNITS
CLASS A                            1,000 OR MORE
CLASS B                               700 TO 999
CLASS C                                 10 TO 699
 
Animal Feeding Operation Requirements
Owners of Animal Feeding Operations are required to complete a Special Exception application whenever any of the following occur;
1.    A new Class A or B Animal Feeding Operation is proposed where one does not exit.
2.    An Expansion is proposed beyond what a current permit allows.
3.    An Expansion by 300 animal units, after adoption of this ordinance, of an exiting animal feeding operation, when the total animal units will meet or exceed the requirements for a Class A or B animal feeding operation.
4.   A change in ownership
5.   An exiting Animal Feeding Operation is to be restocked after being idle for five (5) or more years.
6.   A signed complaint has been received by the County Zoning Officer or South Dakota Department of Environment and Natural Resources and after inspection reveals that the Animal Feeding Operation is in violation of County or State regulations.
ANIMAL UNITS
A unit of measure for livestock equated as follows; one animal unit is equivalent to:
1 cow, feeder, or slaughter beef animal, excluding calves under 300 pounds;
1 horse, excluding colts one year and/or under;
0.7 mature dairy cattle, excluding dairy calves under 300 pounds;
1 swine over 300  pounds;
2.5 swine over 300 pounds;
10 sheep or lambs;
30 laying hens or broilers;
5 ducks;
55 turkeys.
PUBLIC WELLS
A well which provides water to at least fifteen (15) connections and twenty-five (25) users for a minimum of sixty (60) days in a year.
PRIVATE WELLS
Any well not classified as public.
ANIMAL WASTE FACILITY
Any piping, containment structures, and disposal appurtenances associated with the collection, storage, treatment, and disposal of mature or waste water at an animal feeding operation.
 
CLASS A                            ANIMAL FEEDING OPERATIONS
Are considered Special Exceptions and shall comply with the Special Exception process and Section 5.19.01 letter(s) a,b,c,d,e,f and g Section 7.8, in addition to all applicable State and Federal requirements.
CLASS B                            ANIMAL FEEDING OPERATIONS
Are considered Special Exceptions and shall comply with the Special Exception
process and Section 5.19.01 letter(s) d, Section 7.8, in addition to all applicable State and Federal requirements.
CLASS C                            ANIMAL FEEDING OPERATIONS
Are considered Principal Permitted Uses therefore are exempt from Brule County Animal Feeding Operation Performance Standards. They must comply with all State and Federal requirements.
1.     Performance Standards
 
a) Animal feeding operation shall submit animal waste management system
plans and specification for review and approval prior to construction, and a Notice of Completion for a  Certificate of Compliance, after construction, to the South Dakota Department of Environment and Natural Resources.
 
b) Prior to construction, Animal Feeding Operations shall obtain a storm water permit for construction activities from the South Dakota Department of Environment and Natural Resources. The storm water pollution prevention plan required by the permit must be developed and implemented upon the start of construction. 
 
c) All Animal Waste Facilities shall comply with the following setbacks;
 
Public Wells                       2,640 feet
All Property Lines                  660 feet
Private Wells                         500 feet
Lakes, River, and Streams   
Classified as Fisheries        2,640 feet
 
d) Applicants must present a nutrient management plan which will assure offensive odors and runoff will be kept to a minimum.
 
Examples of such management shall include at least:
1. Proposed maintenance of holding ponds.
2. Nutrient transportation equipment free of leaks or spillage hazards.
3. Land application process and /or methods.
4. Legal description and map, including documented proof of area to be utilized
    for nutrient application.
e) Animal waste facilities shall be located no closer than two (2) miles from any incorporated municipality or rural residential district.  
 
f) Animal waste facilities shall be located no closer than one (1) mile from any residential dwelling; two dwelling units are allowed on the facility site. The owner of a residential dwelling may request the Planning Commission to review the facility and the Commission may, by variance waive or decrease the required separation distance. The waiver must then be recorded with the County Register of Deeds in order that any future owners can be informed.
 
g) Animal waste shall be transported no further than five (5) miles from the point of origination for land application.
 
5.19.02  APPROACHES
For all parcels of more than 40 acres but less than 161 acres along all county roads, one approach will be provided. An approach permit will be required for all approaches. Mail box pads or wider approaches may be required upon inspection by the Brule County Highway Superintendent. Applicant accepts all responsibility of damages, expense, claims, and all liabilities or work of said approach.
5.19.03 SERVICE ROADS
For safety, service roads may be required at the discretion of the Planning Commission.
5.19.04 SEWAGE DISPOSAL REGULATIONS
It is the responsibility of the landowner to conform with State and Federal sewage disposal regulations.
5.20 R - RESIDENTAL
5.21 INTENT
This district is intended to provide for single-family residential dwellings within the existing ranges of municipal services, or where municipal services can be obtained or developed economically.
5.22 PRINCIPAL PERMITTED USES
1. Single-family dwellings;
2. Churches and places of worship.
3. Public and private schools.
4. Public parks, playgrounds, or play fields.
5. Community buildings owned and/or occupied by public agencies.
6. Nursing, convalescent, and retirement homes.
5.23 REQUIRED OFF - STREET PARKING
1. Single dwellings: 1 space per unit
2. Churches and places of worship; 1 space for each six seats in principal assembly area.
3. Public and Private Schools; 1 space for each classroom plus 1 space for each 6 seats in auditorium or stadium.
4. Public Parks, Playgrounds, or Playfield; 1 space for each six seats in grandstand or stadium; 8 spaces per acre if a family picnic area; 20 spaces per acre if a group picnic area; none required for playgrounds or play fields.
5. Community Building Owned and/or Occupied by Public Agencies; 1 space for each 300 square feet floor area.
6. Nursing, Convalescent, and Retirement Homes: 1 space for each 4 beds.
5.24 PERMITTED ACCESSORY USES AND STRUCTURES
1. Private garage containing not more than three vehicle spaces.
2. Customary home occupations.
3. Temporary buildings for uses incidental to construction work provided such buildings are removed promptly upon termination of construction work.
5.25 SPECIAL  EXCEPTION USES AND STRUCTURES
Subject to Section 9.00 of this ordinance and to other requirements contained herein, the Board of Adjustment may permit the following:
1. Professional offices on lots of 5,000 square feet or more, that provides 1 parking space for each 300 square feet of floor area and are in conformance with the yard requirements for dwellings.
2. Funeral homes and mortuaries on lots of 12,000 square feet of more, that provide 1 parking space for each 50 square feet of parlor area and conform to the yard requirements for dwellings.
3. Nursery schools of day-care centers operated as an accessory use to private, single-family residence on lots of 12,000 square feet or more.
4. Electrical and gas distribution lines and substations, and other public utility installations provided that any building, substation, or other installation shall conform to the front and rear yard requirements for dwellings and have side yards of not less than 25 feet, but shall not include equipment storage, maintenance yards of buildings, or general administrative or sales office.
5. Mobile home parks as defined in Section 6-9.
6. Transmission and/or service lines for utilities as noted in item (4) immediately above.
5.26 MINIMUM LOT AREA AND WIDTH
1. Single family dwellings
Area               10,000 square feet
Width              75 feet
5.27 MINIMUM REQUIRED FRONT, SIDE, AND REAR YARDS
 1. Dwellings
     Front                     25 feet
     Side-Interior Lot      10 feet
     Side-Corner Lot      15 feet
     Rear                      20 feet
2. Accessory Structures- All accessory structures shall conform to the same yard requirements as dwellings, except that a private garage may be built within 2 feet to a rear lot line and no closer than 20 feet to any street line.
5.28 MAXIMUM HEIGHT
1. All Structures
    35 feet or 2 1/2 stories
5.29 PERMITTED SIGNS
1. Name plate or home occupation sign not larger than 1 square foot in area.
2. Temporary sign advertising the sale or lease of the premises, not larger than 8 square feet in area.
3. Church and public building bulletin boards not larger than 20 square feet in area.
4. All signs shall be maintained in a neat and presentable condition. In the event that they shall become illegible or their use shall cease, they shall be removed within 15 days or be subject to a penalty as set forth in Section 1600 of this ordinance.
5.29A OTHER REQUIREMENTS
5.29A.01 MINIMUM SHELTER BELT SETBACK
Shelter belts consisting of one or more rows shall be set back a minimum of Twenty-Five (25) feet from the right-of-way line.
5.29A.02 APPROACHES
Along all roads, approaches shall be a minimum of One Hundred Fifty (150) feet apart. Applicant accepts all responsibility of damages, expense, claims, and all liabilities or work of said approach. An approach permit will be required for all approaches. Mail box pads or wider approaches may be required upon inspection by the Brule County Highway Superintendent.
5.29A.03 SERVICE ROADS
For safety, service roads may be required at the discretion of the Planning Commission.
5.29A.04 SEWAGE DISPOSAL REGULATIONS
It is the responsibility of the landowner to conform with State and Federal sewage disposal regulations.
5.30 HC - HIGHWAY COMMERCIAL
5.31 INTENT:
The Highway Commercial District is intended to provide for commercial area for those businesses which normally function with and need major highway access.
5.32 PRINCIPAL PERMITTED USES:
1. Automobile and truck sales, service, and repair
2.   Auto wash
3.   Bus Terminals
4.   Contract construction services
5.   Farm machinery and equipment sales and service
6.   Feed, grain, and fertilizer sales
7.   Lumber yards and construction materials sales
8.   Plumbing and heating services
9.   Railroad and truck terminals, excluding stockyards
10. Veterinary services and small animal hospital
11. Wholesale distribution and warehousing
12. Garden supplies and nurseries
13. Golf driving ranges
14. Marine craft and accessories
15. Mobile home sales
16. Miniature golf courses
17. Motels
18. Public utility installations, and equipment storage
19. Restaurants, including drive-ins
20. Theatres, drive-in
21. Airports and Landing strips and other structures incidental to airport activities
5.33 MINIMUM OFF STREET PARKING REQUIREMENTS
1. Parking shall be provided in the ratio of not less than one space for each two hundred square feet of floor space in the building used for commercial purposes. Such parking space may be located on the same lot as the building or within 300 feet of the building, provided it does not cross a divided street or divided highway.
5.34 PERMITTED ACCESSORY USES AND STRUCTURES
1. Uses and structure customarily incidental to the principal uses of this district.
2. Storage warehouses in conjunction with permitted principal uses.
3. Vehicle storage garages or vehicle lots enclosed by a 5 feet high opaque fence or planted screen.
4. Temporary buildings for uses incidental to construction work provided such buildings are removed promptly upon termination of construction work.
5.35 SPECIAL EXCEPTION USES AND STRUCTURES
Subject to Section 900 of this ordinance and to other requirements contained herein, the Board of Adjustment may permit the following:
1. Tourist campgrounds on Lots of 3 acres provided adequate public utilities are available to the site.
2. Fairgrounds amusement parks not closer that 500 feet to any residential district, with no building structure, or apparatus within 30 feet of any property line.
3. Commercial outdoor recreation facilities not specifically listed.
4. A dwelling unit, including a mobile home, for use by the owner or operator of the commercial establishment, provided an open yard of a least 3,000 square feet is maintained in conjunction with the dwelling
5. Utility substations or facilities including gas, electric, water, sewage, telephone, and television necessary to the functioning of the utility provided they are located in conformance to the yard requirements.
6. Transmission and/or service lines for the utilities as noted immediately above.
5.36 MINIMUM LOT AREA AND WIDTH
1. Area     10,000 square feet
2. Width    100 feet
5.37 MINIMUM REQUIRED FRONT, SIDE, AND REAR YARD
1. Front     40 feet
2. Rear      20 feet
3. Side      10 feet
5.38 MAXIMUM HEIGHT
1. 35 feet or 2 stories
5.38 OTHER REQUIREMENTS
5.38.01 MINIMUM SHELTER BELT SETBACK
Shelter belts consisting of one or more rows shall be set back a minimum of One hundred (100) feet from the right-of-way line.
5.38.02 APPROACHES
Along all roads, approaches shall be a minimum of One hundred (100) feet apart. Applicant accepts all responsibility of damages, expense, claims, and all liabilities or work of said approach. An approach permit will be required for all approaches. Mail box pads or wider approaches may be required upon inspection by the Brule County Highway Superintendent.
5.38.03 SERVICE ROADS
Service roads may be required at the discretion of the Planning Commission.
5.38.04 SEWAGE DISPOSAL REGULATIONS
It is the responsibility of the landowner to conform with State and Federal sewage disposal regulations.
5.40 I- INDUSTRIAL
5.41 INTENT:
This district is intended to provide for the future development of new industrial and certain commercial activities in areas where ingress and egress can be provided in a safe and convenient manner. The activities located in this district should be engaged in either manufacturing, wholesale commercial trade, or commercial trade, with the majority of the trade or commerce having a market area external to the immediate Brule County Area. It is further intended that activities proposing to locate in any of the areas designated Industrial shall satisfy the Planning Commission and the County Commissioners that the activities conducted in the aforementioned areas shall conform to the pollution control standards in existence for the State of South Dakota. No use shall be permitted that does not conform to these minimum pollution control standards.
5.42 PRINCIPAL PERMITTED USES
1.   Terminal yard, trucking
2.   Wholesale distribution and warehousing
3.   Manufacture and/or assembly of component parts
4.   Food processing and packaging
5.   Fertilizer Production or Mixing
6.   Concrete Batch Plant
7.   Cement or Clay products Manufacture
8.   Contract construct equipment storage
9.   Fuel storage yard
10. Machine Shops
11. Truck and tractor repair
12. Mobile Home Manufacturing
13. Beverage Bottling or distribution
14. Utility substation or facilities including gas, electric, water, sewage, telephone and television necessary to the functioning of the utility provided they are located in conformance to the yard requirements.
15. Transmission and/or service lines for the utilities as noted immediately above.
5.43 MINIMUM OFF-STREET PARKING REQUIREMENTS
1. Parking requirements contained in Section 600 of this ordinance apply to all permitted uses in this district.
5.44 PROHIBITED USES
1. Any residential use except caretaker or watchman quarters.
2. Hotels, motels, mobile homes, and mobile parks
3. Churches, schools, institutions and other public and semi public uses except for trade and vocational schools.
4. Restaurants, unless for private use of one industrial or commercial establishment it serves.
5. Taverns
5.45 PERMITTED ACCESSORY USES
1. Uses and structures customarily incidental to the principal uses of this district.
2. Temporary buildings for uses incidental to construction work provided such buildings are removed promptly upon termination of construction work.
3. Vehicle storage garages or lots enclosed by a 5 feet high opaque fence or planted screen.
5.46 MINIMUM LOT AREA AND WIDTH
1. Area          10,000 square feet
2. Width         100 feet
5.47 MINIMUM REQUIRED FRONT, SIDE, AND REAR YARD
1. Front          20 feet
2. Rear           20 feet
3. Side           10 feet
5.48 MAXIMUM HEIGHT
1. 45 feet or 3 stories
5.49 OTHER REQUIREMENTS
5.49.01 MINIMUM SHELTER BELT SETBACK
Shelter belts consisting of one or more rows shall be set back a minimum of One Hundred (100) feet from the right-of-way line.
5.49.02 APPOACHES
Along all roads, approaches shall be a minimum or One Hundred (100) feet apart. Applicant accepts all responsibility of damages, expense, claims, and all liabilities or work of said approach. An approach permit will be required for all approaches. Mail box pads or wider approaches may be required upon inspection of the Brule County Highway Superintendent.
5.49.03 SERVICE ROADS
Service roads may be required at the discretion of the Planning Commission.
5.49.04 SEWAGE DISPOSAL REGULATIONS
It is the responsibility of the landowner to conform with State and Federal sewage disposal regulations.
5.50 E-ENVIROMENTAL CONSERVATION DISTRICT
5.51 INTENT:
It is the intent of this district to provide for the retention of unique natural areas and prevent the destructive uses of such land.
5.52 PRINCIPAL PERMITTED USES
1. Parks, both public and private, fish and wildlife preserves, public recreation areas, boat docks, and piers.
5.53 PERMITTED ACCESSORY USES AND STRUCTURES
1. Necessary utility lines and facilities which support environmental conservation district activities. Utilities location and installation should be regulated by those controls imposed by the private or public sector property holders such as the South Dakota Game, Fish and Parks Department, the U.S. Bureau of Sport Fisheries, the U.S. Corps of Engineers and private developers. But, in the case of private or non-federal public developments, the controls should not be any more stringent than those applied by the South Dakota Game, Fish and Parks department.
2. On-site signs which are necessary for the identification of environmental conservation district facilities and activities.
5.54 PERMITTED CONDITIONAL USES
1. Commercial outdoor recreation uses that coordinate with principal permitted uses, as determined by the Zoning Commission.
5.55 MINIMUM LOT AREA AND WIDTH
1. Area                  10 acres
2. Width                 200 feet
5.56 MINIMUM REQUIRED FRONT, SIDE, AND REAR YARD
1.Front                   75 feet
2.Side                  100 feet
3. Rear                  50 feet 
5.57 MAXIMUM HEIGHT
1. All structures      35 feet
5.58 OTHER REQUIREMENTS
5.58.01 MINIMUM SHELTER BELT SETBACK
Shelter belts consisting of one or more rows shall be set back a  minimum of Seventy (70) feet from the right-of-way line. Replacement trees in existing shelter belts are exempt from minimum shelter belt requirements as long as its non conformance is not increased.
5.60 IR - INDUSTRIAL RESERVE DISTRICTS
5.61 INTENTS:
 
The intent of Industrial Reserve Districts is to provide land for future industrial uses when in the opinion of the Planning Commission and the County Board existing Industrial Districts have been fully developed. To insure that the land in the interim will have some functional uses a number of non-destructive, non-permanent uses and structures will be allowed.
5.62 PERMITTED PRINCIPLE USES AND STRUCTURES
1. Agricultural uses such as general farming, pasture, grazing, animal husbandry,
kennels, outdoor plant nurseries, truck farming, sod farming, and wild crop harvesting.
2. Single family dwellings only as they are a part of an agricultural operation as defined in Section 5.62-1.
3. On-site and Off-site signs whose size, lighting, and spacing shall be consistent
with the provisions of SDCL 31-29, the Brule County Zoning Ordinance, and the Brule County Highway Advertising Regulations, provided, however; that no outdoor advertising signs shall be erected, moved, added to or structurally altered in the Industrial Reserve District unless said sign or each side of a two sign structure shall be in no instance less than eight (8) feet in height and no less than twenty-four (24) feet in length including border and trim, but not supports or apron.
4. Temporary Yards for the sale, transfer and holding of livestock.
5. Temporary storage yards for equipment, machinery, or materials provided that no machinery or equipment, specifically including truck trailers, may be parked or stored in the Industrial Reserve District, if one of the purposes of said parking or storage is the advertisement of any service, product or business.
5.63 PERMITTED ACCESSORY USES AND STRUCTURES
The following accessory uses and structures shall be permitted in the Industrial Reserve Districts(IR):
1. Roadside stands for sales of farm produce, fish bait or other acceptable products:
2. Farmstead occupations:
3. Accessory uses and structures normal appurtenant to the permitted uses and structures when established within the space limits of this District.
5.64 SPECIAL EXCEPTION USES AND STRUCTURES
1. Low intensity public recreation developments such as trap and skeet ranges, hiking and horseback riding trails, driving ranges, archery ranges, picnic grounds, moveable rodeo arenas.
2. Industrial - Commercial uses such as loading areas, parking area, airport landing strips.
3. Circuses, carnivals and similar transient amusement enterprises.
4. Extraction of sand and gravel and other minerals.
5. Railroads, Streets, Bridges, Utility Transmission Lines and pipelines.
5.65 PROHIBITED USES AND STRUCTURES
All other uses and structures which are not specifically permitted shall be prohibited from Industrial Reserve District (IR).
5.66 OTHER REQUIREMENTS
5.66.01 MINIMUM SHELTER BELT SETBECK.
Shelter belts consisting of one or more rows shall be set back a minimum of Seventy (70) feet from the right-of-way line. Replacement trees in existing shelter belts are exempt from minimum shelter belt requirements as long as its non conformance is not increased.
5.66.02 APPOACHES
Along all county roads, one approach will be allowed. For all approaches, a culvert will be provided by the county provided there is not more than one (1) approach servicing the parcel over 40 acres. Applicant accepts all responsibility of damages, expense, claims, and all liabilities or work of said approach. An approach permit will be required for all approaches. Mail box pads or wider approaches may be required upon inspection by the Brule County Highway Superintendent.
5.66.03 SERVICE ROADS
Service roads may be required at the discretion of the Planning Commission.
5.66.04 SEWAGE DISPOSAL REGULATIONS
It is the responsibility of the landowner to conform with State and Federal sewage disposal regulations.
5.70 SIGNS
5.71 INTENT
The various counties promulgate regulations for the control of highway signs; and such rules and regulations are necessary for the orderly construction of such highway signs, and in accordance with the provisions of SDCL ch. 31-29 and title 11.
5.72 SPACING OF SIGNS
1. Interstate and Federal-Aid Primary Highways.
a. Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device.
b. Signs may not be located in such a manner as to obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.
2. Interstate Highways and controlled access highways on the Federal-Aid Primary System.
a. No two structures shall be spaced less than 500 feet apart.
b. Outside of municipalities, no structure may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area. Said 500 feet to be measured along the Interstate or Controlled access highway from the beginning or ending of pavement widening at exit from or entrance to the main traveled way.
3. Non-limited Access Federal-Aid Primary Highways.
a. Outside of municipalities - no two structures shall be spaced less than 300 feet apart.
b. Within municipalities - no two structures shall be spaced less than 100 feet apart.
4. The above spacing between structures provisions do not apply to structures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at any one time.
5.73 SIZE OF SIGN
1. The maximum area for any one sign shall be 1200 square feet with a maximum height of 30 feet and a maximum length of 60 feet, inclusive of any border and trim but excluding the base or apron, and supports.
2. The maximum size limitations shall apply to each side of a sign structure: and signs may be placed back-to-back, side-by-side, or in v-type construction with not more than two displays to each facing, and such sign structures shall be considered one sign.
NOTE: Back-to-Back or V-type signs should be no more than 15 feet apart at their nearest points. A double faced sign must be connected by some means.
5.74 LIGHTING
Signs may be illuminated, subject to the following restrictions:
1. Signs which contain include or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather or similar information.
2. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled ways of the Interstate or Federal-Aid Primary Highways and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle are prohibited.
3. No signs shall be so illuminated so as to interfere with the effectiveness of, or obscure an official traffic sign, devise or signal.
4. All such lighting shall be subject to any other provision relating to lighting of signs presently applicable to all highways under the jurisdiction of the State of South Dakota.
PENALTIES
Any advertising sign, display or device which violates the provision of this resolution be removed. The county shall give thirty days notice in writing, by certified mail with return receipt, to the owner thereof to remove any prohibited sign, display, or devise; or, if it does not conform to this resolution in any way to cause it to be brought into conformance.
If the owner fails to act within thirty days, as required by the notice, the county shall cause the sign, display or devise to be removed, and shall recover the cost thereof from the sign owner.
5.80 FARMSTEAD OCCUPATION
5.81 INTENT:
The intent of Farmstead Occupations are those operations which are not primary functions or activities permitted in agricultural districts provided that:
1. That activity has a direct relationship and benefit to agriculture.
2. The use of the dwelling unit or accessory building for such occupations must be subordinate to the stated intent and principal permitted uses of agricultural zones.
3. No new structures shall be erected entirely for such incidental and subordinate occupations.
4. The traffic generated shall not hamper traffic flow or reduce the automotive and pedestrian safety of any through fare, if such an occupation is located adjacent to a primary road then an access road must be provided to facilitate ingress and egress to the property and proposed structures thereon.
SECTION 6 SUPPLEMENTARY DISTRICT REGULATIONS
6.1 VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS
On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.
6.2 FENCES, WALLS, AND HEDGES
Not withstanding other provisions of this ordinance, fences, walls, and hedges, may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be over two and one-half feet in height.
6.3 ACCESSORY BUILDINGS
No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other building.
6.4 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT
In any district, more than one structure housing a permitted or permissible principle use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.
6.5 EXCEPTIONS TO HEIGHT REGULATIONS
The height limitations contained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
6.6 STRUCTURES TO HAVE ACCESS
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
6.7 PARKING LOTS
Minimum parking lot requirements shall include vehicular access to a street or alley, and two hundred fifty (250) square feet of parking space per vehicle.
6.8 MOBILE HOME PARKS
Mobile home parks may be designated within Agricultural or Residential zoning districts in accordance with the procedures for granting special exception uses and structures, provided that such mobile home parks meet the following requirements:
a. The park has a minimum site area of 3 acres.
b. The park complies with all licensing procedures, health, zoning, plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations of the County.
c. A distance of twenty-five (25) feet shall be maintained between mobile homes in all horizontal directions.
d. No mobile home shall be located closer than fifty (50) feet to any exterior property line.
e. The request for special exception use shall specify the location and legal description of such proposed mobile home park and a plan of the park to include property dimensions, interior roads, proposed mobile home sites, sanitary utility lines, and other improvements.
f. The park is properly landscaped, in the opinion of the Zoning Commission, so as not to constitute a nuisance to other residents.
SECTION 7. ADMINISTRATION AND ENFORCEMENT BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE
7.1 ADMINISTRATION AND ENFORCEMENT
An administrative official designated by the County Commissioners shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the County Commissioners may direct.
If the administrative official shall find that any of provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of  the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
7.2 BUILDING PERMITS REQUIRED
No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this ordinance, unless he receives a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this ordinance.
7.3 APPLICATION FOR BUILDING PERMIT
All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon: the exact sizes and locations on the lot of buildings already existing, if any;
and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance.
One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
7.4 CERTIFICATES OF ZONING COMPLIANCE FOR NEW, ALTERED, OR NON-CONFORMING USES.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative official stating that the proposed use of the building or land conforms to the requirements of this ordinance.
7.5 EXPIRATION OF BUILDING PERMIT
If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
7.6 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES OF ZONING COMPLIANCE
Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this ordinance, and punishable as provided by Section 16 hereof.
7.7 ADVERTISING SIGN PERMITS
No outdoor advertising Signs may be erected, moved, added to or structurally altered without a permit issued by the Administrative Official. No advertising sign permits shall be issued by the Administrative Official, unless it shall appear to the said official that the said sign complies with the provisions of this ordinance and is to be erected, moved, added to or structurally altered in compliance with all Resolutions, Ordinances and Statutes. No fee shall be charged by the Administrative Official (law SDCL 31-29-71) for the permit required by this section. A sign erected, moved, added to or structurally altered without a permit, shall be subject to removal and penalties, See Section 16, PENALTIES FOR VIOLATIONS.
7.8 BAD ACTOR LEGISLATION
The Brule County Commission may reject an application for any permit filed for a variance, conditional use or otherwise for the reasons and on the grounds set forth in SDCL 1-40-27, as revised and amended. Such rejection shall be based upon a specific finding by the Commission that the applicant has engaged in the activity identified in the aforesaid statute. The burden on the Commission to make the specific finding provided for herein shall be by a preponderance of the evidence.  
SECTION 8 - BOARD OF ADJUSTMENT
ESTABLISHMENT AND PROCEDURE
A board of adjustment is hereby established. The County Commissioners shall act as and perform all the duties and exercise the powers as herein provided. The Chairman of the County Commissioners shall be Chairman of the Board of Adjustment as so composed. The concurring vote of at least two thirds of the members of such board as so composed shall be necessary to reverse any, other, requirement, decision or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in such ordinance.
8.1 PROCEEDINGS OF THE BOARD OF ADJUSTMENT
The Board of Adjustment shall adopt rules necessary to conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths, and compel the attendance of witnesses. All meetings shall be open to the public.
SECTION 9 - THE BOARD OF ADJUSTMENT: POWERS AND DUTIES
The board of Adjustment shall have the following powers and duties:
9.1 ADMINISTRATIVE REVIEW
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.
9.2 SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS: PROCEDURES
To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the Board of Adjustment unless and until:
a. A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested;
b. Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought, at the City Hall, and in one other public place at least 15 days prior to the public hearing;
c. The public hearing shall be held. Any party may appear in person, or by agent or attorney;
d. 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 special exception, and that the granting of the special exception will not adversely affect the public interest.
e. Before any special exception shall issue, the Board shall made written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:
1. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and catastrophe;
2. off-street parking and loading areas where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;
3. refuse and service areas, with particular reference to items in (1) and (2) above.
4. Utilities, with reference to locations, availability, and compatibility.
5. screening and buffering with reference to type, dimension, and character.
6. signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
7. required yards and other open space;
8. general compatibility with adjacent properties and other property in the districts.
9.3 VARIANCES; CONDITIONS GOVERNING APPLICATIONS; PROCEDURES
To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and so that the spirit or the ordinance shall be observed and substantial justice done. A variance from the term of this ordinance shall not be granted by the Board of Adjustment unless and until:
a. A written application for a variance is submitted demonstrating:
    1. That special conditions and circumstances exist which are peculiar to the
        land, structure, or building involved and which are not applicable to other
        lands, structures, or buildings in the same district.
    2. That literal interpretation of the provisions of the this ordinance would  
        deprive the applicant of rights commonly enjoyed by other properties in the 
        same district under the terms of this ordinances;
    3. That the special conditions and circumstances do not result from the 
        actions of the applicant;
    4. That granting the variance requested will not confer on the applicant any
        special privilege that is denied by this ordinance to other lands, structures,
        or buildings in the same district.
No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
b. Notice of public hearing shall be given as in Section 9 (2)(b) above;
c. The public hearing shall be held. Any party may appear in person, or by agent 
    or by attorney;
d. The Board of Adjustment shall make findings that the requirements of Section 
    9 (3)(a) have been met by the applicant for a variance.
e. The Board of Adjustment shall further made a finding that the reasons set 
    forth in the application justify the granting of the variance, and that the variance
    is the minimum variance that will make possible the reasonable use of the  
    land, building, or structure;
f.  The Board of Adjustment shall further made a finding that the granting of the 
    variance will be in harmony with the general purpose and intent of this 
    ordinance, and will not be injurious to the neighborhood, or otherwise 
    detrimental to the public welfare.
In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 16 of this ordinance.
Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.
9.4 BOARD HAS POWERS OF ADMINISTRATIVE OFFICIAL ON APPEALS;
      REVERSING DECISION OF ADMINISTRATIVE OFFICIAL.
In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is conformity with the terms of this ordinances, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may made such order, requirement, decision, or determination
as ought to be made, and to that end shall have the powers of the administrative official from who the appeal is taken.
The concurring vote of two-thirds of the Members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.
SECTION 10 - APPEALS FROM THE BOARD OF ADJUSTMENT
Any person or person, or any board, taxpayer, department, board, or bureau of the county aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision.
SECTION 11 - DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTMENT, CITY COMMISSION, AND COURTS ON MATTERS OF APPEAL.
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and the recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.
Under this ordinance the County Commissioners, acting in the capacity of County Commissioners, and not as the Board of Adjustment shall have only the duties (1) of considering and adopting or rejecting proposed amendments or the repeal of this ordinance as provided by law, and (2) of establishing a schedule of fees and charges as stated in Section 12 of this ordinance.
SECTION 12 -  SCHEDULE OF FEES, CHARGES, AND EXPENSES
The County Commissioners shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the administrative official, and may be altered or amended only by the County Commissioners.
Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
SECTION 13 - AMENDMENTS
The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, modified, or repealed, provided that such modification or repeal shall in each instance be proposed in an ordinance presented to the governing body for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance. Prior to consideration of amending, supplementing, changing, modifying, or repealing this ordinance by the governing body, notice of public hearings shall be provided as follows: 
1. A notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such notice shall be not less than eighteen inches in height and twenty-four inches in width with a white background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon such premises that is easily visible from the street and shall be so posted at least five days before the date of such hearing. It shall be unlawful for any person to remove, mutilate, destroy, or change such posted notice prior to such hearing.
2. At least five days before the date of hearing the County Auditor shall have published in two legal newspapers having a general circulation in Brule County, a notice of the time, place, and subject matter of such hearing.
SECTION 14 - PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.
SECTION 15 - COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.
SECTION 16 - PENALTIES FOR VIOLATIONS
For the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this ordinance of fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
The owner of tenant of any of the building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.
SECTION 17 - SEPARABILITY CLAUSE
Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 18 - DEFINITIONS
For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows:
 
The word person includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The word shall is mandatory.
The words used or occupied include the words intended, designed, or arranged to be used or occupied.
The word lot includes the words plot or parcel.
 
 
18.1 ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
18.2 BUILDABLE AREA
The portion of a lot remaining after required yards have been provided.
18.3 BUILDING
Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
18.4 COMMERCIAL FEED LOT
A confinement of food or fur-bearing animals, for commercial purposes, in building lots, pens, pools, or ponds which normally are not used for raising crops or grazing animals.
18.5 DWELLING, SINGLE-FAMILY
A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
18.6 DWELLING, TWO-FAMILY
A building having accommodations for and occupied exclusively by two families.
18.7 DWELLING, MULTIPLE-FAMILY
A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
18.8 DWELLING, MOBILE HOME
For purposes of this zoning ordinance, a mobile home is a detached residential dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels, or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operation, location on jacks or other temporary or permanent foundations, connections to utilities and the like. For purposes of licensing and taxation in the unincorporated area of Brule County, a mobile home will no longer be licensed as a "mobile home" after being set upon permanent foundations and meeting all requirements of the applicable zoning ordinances.
18.9 DWELLING UNIT
On room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwellings units which may be in the same structure, and containing independent cooking and sleeping facilities.
18.10 FAMILY
One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage , no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
18.11 FARMSTEAD
An area of twenty (20) acres or more on which is located at least one dwelling unit and on which farm products of a value of one thousand dollars ($1,000.00) or more are normally produced each year.
18.12 HOME OCCUPATION
An occupation conducted in a dwelling unit, provided that:
a. No person other than members of the family residing on the premises shall be engaged in such occupation.
b. 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 25 per cent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square-foot in area, non-illuminated, and mounted flat against the wall of the principal building.
d. No home occupation shall be conducted in and accessory building;
e. There shall be no sales in connection with such home occupation;
f. No traffic shall be generated by such home occupation in greater volumes than would normally be excepted 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 than in required front yard.
g. 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 creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises.
18.13 LOT
A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and fronting upon a street. 
18.14 LOT FRONTAGE
The front of al lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this section.
18.15 LOT MEASUREMENTS
a. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
b. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 per cent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80 per cent requirement shall not apply.
18.16 LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
18.17 SIGN
Any outdoor advertising having a permanent location on the ground or attached to or painted on a building including bulletin boards, bill boards and poster boards.
18.18 SPECIAL EXCEPTION
A special exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.
18.19 STREET LINE
The right-of way line of a street.
18.20 STRUCTURE
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.
18.21 TRAVEL TRAILER
A Vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.
18.22 VARIANCE
Relief from or variation of the provisions of these regulations, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set are hereinafter in Powers and Duties of the Board of Adjustment.
18.23 YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of  a rear yard the minimum horizontal distance between the lot line and the main building shall be used.
18.24 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.
18.25 YARD, SIDE
A yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.
18.26 YARD, REAR
A yard across the full width of the lot between the back line of the main building and the back line of the lot.
18.27 SHELTER BELTS
A strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreation areas, and wildlife. Shade and ornamental trees are not considered as shelter belts.
18.28 APPROACHES
An approach is an embankment of land for the purpose of serving as a way, passage, or avenue by which a parcel or a building can be accessed. Approaches shall be a width of a minimum of thirty (30) feet at the top of the approach with a slope of a 4:1 ratio.
 
 
 
  
      
 
 
 
 
 
 
 
 
 
 
 
 

TO INQUIRE ABOUT ZONING ORDINANCES CALL 605-234-4432