§ 23.46.017. "R-2" one family residential district in the joint jurisdiction area.

A.

PERMITTED USES. Within any "R-2" one family use district, no structure shall be used except for one or more of the following uses:

1.

One family detached dwellings;

2.

Public parks and playgrounds subject to Section 23.10.026(2)(g);

3.

Child care facilities, Class I;

4.

Modular home as defined in Section 23.08.125;

5.

Manufactured homes as defined in Section 23.08.119 and regulated by Section 23.38.010.

B.

CONDITIONAL USES. Within any "R-2" one family use district, 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 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 and sanitary sewage lift stations 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 regulator stations and telephone regulator stations, 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. 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 of 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.

Land reclamation and mining as regulated in Section 23.10.052;

6.

Greenhouses and vegetable stands selling products grown on the premises;

7.

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

C.

PERMITTED ACCESSORY USES. Within the "R-2" one family district 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 owned by the occupant of the dwelling;

2.

Accessory buildings other than private garages not to exceed two hundred square feet;

3.

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

4.

Home occupation (requires certificate of occupancy);

5.

Signs, as regulated in Chapter 23.40;

6.

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

7.

Gardening and other horticultural uses;

8.

Decorative landscape features;

9.

Keeping of not more than two boarders or roomers by resident family;

10.

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.

D.

MINIMUM/MAXIMUM REQUIREMENTS. Requirements shall be as follows:

1.

The minimum lot size shall be five acres unless the homeowner can illustrate that a certified wastewater treatment system will operate properly on a smaller lot. In no case will lots smaller than two acres be permitted (See Section 23.46.011(H));

2.

No structure or building shall exceed three stories or thirty-five feet, whichever is the lesser in height except as provided in Section 23.38.002;

3.

A side yard abutting on a street shall not be less than twenty feet in width;

4.

The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this section and Section 23.38.002;

(a)

The minimum lot width for a one story structure shall by sixty feet with a front and rear yard setback of thirty feet and a side yard setback (not adjacent to a public road) shall be seven feet**;

(b)

The minimum lot width for a two story structure shall be sixty feet with a front and rear yard setback of thirty feet and a side yard setback (not adjacent to a public road) shall be nine feet**;

(c)

The minimum lot width for a three story structure shall be sixty feet with a front and rear yard setback of thirty feet and a side yard setback (not adjacent to a public road) shall be eleven feet**.

5.

All lots within this district shall be platted.

** All such lots shall provide two side yards.

E.

DWELLING UNITS. The following minimum area requirements for dwelling units in this zoning classification shall be as follows:

1.

Single family detached dwelling shall contain at least seven hundred square feet of floor area, five hundred square feet of which shall be on the first floor.

F.

ADDITIONAL REQUIREMENTS.

1.

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

2.

Outside Storage Next to "R" District: Within any "B-3" general business district, any use which requires uncovered outside storage and/or open sales lots and is located adjacent to land or uses which are zoned Residential shall be enclosed by a solid wall or opaque fence not less than six feet in height erected along the lot line except along abutting required front yards. Outside storage of materials, other than outside display of goods for sale, shall be enclosed by a solid wall or fence not less than six (6) feet in height and such uses shall not be located less than one hundred (100) feet from any "R" district.

G.

VARIANCES AND CONDITIONAL USES. Requests for variances or conditional use permits in the "B-3" general business 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.

H.

PROTECTION OF NATURAL WATERWAYS. No building or construction shall be permitted within one hundred 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.

I.

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.

J.

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.

K.

ENFORCEMENT. The enforcement of the "B-3" general business 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.

L.

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. 1891, 2000; Ord. 1843 (part), 1999).

(Ord. No. 2175-23-393, 6-6-2016; Ord. No. 2192-23-396, 4-9-2018)