§ 23.22.004. Conditional uses.

Within the "R-4" multiple family use district, no structure or land shall be used for the additional following uses except by conditional use permit:

(1)

Boardinghouses, provided the site contains not less than one thousand square feet of lot area for each person to be accommodated;

(2)

Group care homes with responsible supervision;

(3)

Nursing facility, assisted living centers, rest homes or retirement homes, provided the site contains not less than six hundred square feet of lot area for each person to be accommodated, provided buildings for uses described in this section are twenty-five feet or more from a lot line of an abutting lot in an "R" district;

(4)

Hospital for human care, provided all structures shall be located twenty-five feet or more from all lot lines in abutting "R" district;

(5)

Child care facilities, Class II;

(6)

Private swimming pools intended to serve more than one family; provided the water surface of the pool is located not less than fifteen feet from any lot line, that the pump and filter installed are not less than twenty-five feet from any lot line and that the pool area is so fenced as to provide controlled access;

(7)

Accessory structures other than private garages;

(8)

Public utility structures; provided no building shall be located within twenty-five feet of any abutting lot in an "R" district. The architectural design of service buildings shall be compatible to the neighborhood in which they are to be located;

(9)

Land reclamation and mining as regulated in Section 23.10.052;

(10)

Off-street parking when the proposed site of the off-street parking abuts on a lot which is in a "B" district and is in the same ownership as the land in the "B" district and subject to those conditions set forth in Section 23.36.004 and such other conditions as found necessary by the governing body to carry out the intent of this title;

(11)

Motels and motor hotels; provided the following conditions are met:

(A)

One thousand square feet of lot area for each rental unit without cooking facilities and one thousand five hundred square feet for each apartment unit with cooking facilities,

(B)

Lot shall have frontage on a major thoroughfare,

(C)

Retail sales and services may be provided by vending devices or by personnel when such retail area is so constructed and maintained that all access is from a lobby, hall or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the motel client;

(12)

Private clubs and lodges not operated for a profit;

(13)

Fraternity and sorority houses;

(14)

Offices of general nature, provided the net square footage of the floor area when located in a building having other permitted use is not greater than one thousand square feet and six thousand square feet when located in a separate building;

(15)

Operation of through trains, but not switching, storage or other railroad operations;

(16)

Retail sales and services may be provided by vending devices or by personnel when such retail area is within a building so constructed and maintained that all access is from a lobby, hall, or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the occupants of the building.

(17)

Bed and breakfast.

A.

Any bed and breakfast establishment operating in this state shall register with the department of health.

B.

Every owner of a bed and breakfast establishment shall maintain a guest list and shall place a smoke detector in each sleeping room with a minimum of at least one smoke detector per floor.

C.

Every owner of a bed and breakfast shall, before opening and annually thereafter, secure a license from the state department of health.

(18)

Vacation rental home.

A.

The owner must have applied for a South Dakota Vacation Home Rental License from the South Dakota Department of Health. A copy of the application must be provided to the planning department.

B.

At the time of issuance of the vacation home rental license from the South Dakota Department of Health, a copy of the license shall be furnished to the planning department. A license must be received prior to operation of the facility.

(Ord. 1879 (part), 2000: Ord. 1648, 1991: Ord. 1285, 1977: Ord. 1222, 1976: Ord. 985 (part), 1971).

(Ord. No. 2108-23-337, 2-27-2012)