§ 23.46.015. One-family residential (R-1) district in the joint jurisdiction area.

A.

INTENT. The intent of one-family residential (R-1) district in the joint jurisdiction area is to provide for residential uses of varying types and other compatible uses in a pleasant and stable environment within a rural or sanitary sewer district. This district shall generally be located where the value of the land for agricultural use is marginal and where the water supply, sewage disposal, roads and emergency services are easily and economically available.

B.

PERMITTED USES. Within any "R-1" one-family residential district in the joint jurisdiction area, no structure shall be used except for one or more of the following uses:

1.

Single-family detached dwellings;

2.

Public parks and playgrounds subject to City Zoning Ordinance;

3.

Child care facilities, Class I;

4.

Modular homes;

5.

Noncommercial horticultural uses;

6.

Home occupations and professional offices;

7.

Public recreational uses and park facilities.

C.

CONDITIONAL USES. Within any "R-1" one-family residential district in the joint jurisdiction area, no structure or land shall be used for the following uses except by conditional use permit:

1.

Public and parochial schools which teach a curriculum similar to public schools provided:

(a)

No building shall be located within fifty feet of any lot line of an abutting lot in an "R" use district, and

(b)

A fence shall be erected along the boundary line which is common with private property not owned by the school;

2.

Churches, synagogues and temples including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site provided no building shall be located within fifty feet of any lot line of an abutting lot on an "R" district;

3.

Municipal buildings and utility structures subject to the following:

(a)

Water pump houses which if not located below grade on a landscaped site shall be in a building which conforms to yard requirements and architectural style of the neighborhood,

(b)

Gas regulator stations, electric power substations which if not located below grade on a landscaped site shall conform to yard requirements and architectural style of the neighborhood. Should the structure require fencing, the fence shall be located in conformance to all yard requirements,

(c)

Water towers shall be so located as to conform to all yard requirements,

(d)

Electric power transmission line towers shall be so located as to share the right-of-way or be directly abutting rights-of-way for railroads or major thoroughfares,

(e)

Park buildings, provided no building is less than fifty feet from a lot line of an abutting lot line in an "R" district,

(f)

Public transportation shelters which are open may be erected to within one foot of the public right-of-way;

4.

Golf courses, country clubs, tennis clubs, swimming pools serving more than one family provided:

(a)

No principal buildings are within fifty feet of a lot line in an "R" district,

(b)

"Golf course" means one averaging one hundred fifty yards per hole or more with not less than five holes,

(c)

"Country club" shall have at least a nine-hole golf course,

(d)

All golf courses shall provide a link fence along the boundaries common to private land,

(e)

Tennis clubs shall not provide lighted courts after eleven p.m., and

(f)

Swimming pools shall not be nearer than twenty-five feet to a lot line in an "R" district;

5.

Signs as regulated by the City Zoning Ordinance;

6.

Commercial greenhouses and vegetable stands selling products grown on the premises;

7.

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

8.

Multiple-family dwellings;

D.

PERMITTED ACCESSORY USES. Within the "R-1" one-family residential district in the joint jurisdiction area the following uses shall be permitted accessory uses:

1.

Private garages, parking space, carport for passenger cars and for one straight truck not to exceed twenty-five thousand GVW and truck tractors, when controlled by the occupant of the dwelling;

2.

Private swimming pool and tennis court provided such pool is adequately fenced and located not less than ten feet from the lot line;

3.

Home occupations require home occupation permit from the city and county commissions;

4.

Buildings temporarily located for purposes of construction on the premises for a period not to exceed time normally necessary for such construction;

5.

Gardening and other noncommercial horticultural uses;

6.

Decorative landscape features;

7.

Garage sales, provided that no sale shall continue for more than two days and frequency shall not be greater than twice a year. A "garage sale," for purposes of this title, means the display of used goods and/or salesmen's samples and sale of the goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neighborhood.

E.

DETERMINATION OF USES AND STRUCTURES. The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of "R-1" one-family residential land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the board of adjustment that this request is the type of use allowed in the "R-1" one-family residential district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

F.

MINIMUM/MAXIMUM REQUIREMENTS. Requirements within the "R-1" one-family residential district in the joint jurisdiction area shall be as follows:

1.

Maximum Height: No structure or building shall exceed three stories or thirty-five feet plus peak in height, whichever is lesser in height;

2.

Side Yard Setback: A side yard abutting a public road shall not be less than thirty feet in width;

3.

Front Yard Setback: A front yard abutting a public road shall not be less than thirty (30) feet in depth;

4.

The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this section and the City Zoning Ordinance:

(a)

The minimum lot width for a one-story structure shall be one hundred (100) feet with a front and rear yard setback of thirty (30) feet and a side yard setback (not adjacent to a public road) shall be ten (10) feet;

(b)

The minimum lot width for a two-story structure shall be one hundred (100) feet with a front and rear yard setback of thirty (30) feet and a side yard setback (not adjacent to a public road) shall be fifteen (15) feet;

(c)

The minimum lot width for a three-story structure shall be one hundred (100) feet with a front and rear yard setback of thirty (30) feet and a side yard setback (not adjacent to a public road) shall be eighteen (18) feet.

5.

Minimum Lot Size: The minimum lot size shall be five acres unless the house is connected to municipal water and wastewater treatment system. In no case will lots smaller than two acres be permitted.

G.

ADDITIONAL REQUIREMENTS.

1.

Platting Required: All lots within this district shall be platted.

H.

VARIANCES and CONDITIONAL USES. Requests for variances or conditional use permits in the "R-1" one-family residential district will be heard by the joint planning commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the joint planning commission will be forwarded to city and county Boards of Adjustment for their consideration and action.

I.

PROTECTION OF NATURAL WATERWAYS. No building or construction shall be permitted within one hundred (100) feet of the high water mark of natural water drainage ways, nor shall any such building or construction be permitted within the flood-prone area of the James River. Flood hazard boundary maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager's Office and at the city planning and inspection office.

J.

MINIMUM SHELTERBELT SETBACK. Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

K.

APPROACHES. Before any road approaches are constructed, the applicant must contact the South Dakota Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate town or township board for approval of the location and construction requirements. On county roads there shall be no more than one access approach on a public road or highway per one-quarter (¼) mile on each side of the road. Public utilities are exempt from the one approach per one-quarter mile limitation.

L.

PRIVATE SEWAGE DISPOSAL SYSTEMS. All private sewage disposal systems will comply with Department of Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34:04:01 General Authority 46-25-107; Law Implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The city planning and inspections office and Beadle County zoning administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, it will be up to the discretion of the Beadle County Planning Commission to have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the South Dakota Department of Environment and Natural Resources.

M.

ENFORCEMENT. The enforcement of the "R-1" one-family residential district within the joint jurisdictional area in Beadle County shall be the responsibility of the city and county zoning administrators under the authority of the Huron City Commission and the Beadle County Commission.

N.

RIGHT TO FARM COVENANT. Prior to receiving a building permit for new residential structure the applicant for the permit must sign and file in the register of deeds office a Right to Farm Covenant.

(Ord. 1890, 2000; Ord. 1843 (part), 1999).

(Ord. No. 2079, 6-7-2010; Ord. No. 2192-23-396, 4-9-2018)

Editor's note

Ord. No. 2079, adopted June 7, 2010, amended § 23.46.015 title to read as herein set out. Former § 23.46.015 title pertained to "R-1" one-family residential district.