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9.0101 Definitions
For the purpose of this ordinance certain terms and words are defined as follows:
Accessory Building
A subordinate building or portion of the main building, the use of which is incidental to that of the main building.
Alley
A thoroughfare less than twenty-two feet (22’) in width, unless otherwise designated by ordinance.
Boarding Housing
A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.
Building
A building is any structure having a roof supported by columns or walls for the shelter or enclosure of persons, animals or property.
Districts
A district is a section of the City of Scotland for which regulations governing the construction and use of buildings and use and occupancy of premises are hereby made.
Garage, Private
A garage other than a public garage.
Garage, Public
A garage other than a private garage.
Dwelling, Private
A detached building designed for or occupied exclusively by one family as a residence.
Dwelling, Two Family
A detached or semi-detached building designed or occupied exclusively for residential purposes by two families living independently of each other.
Dwelling, Multiple
A building or portion thereof designed for or occupied exclusively by three or more families or households living independent of each other for residential purposes.
Commercial Building
A building in which there are one or more rooms on any floor provided or used as places for a retail or wholesale business.
Gasoline Filling Stations
A gasoline filling station is a building or premises used chiefly in connection with tanks, pumps, and other appliance for supplying motor vehicles with gasoline, oil, compressed air, water, and similar supplies.
Lot or Plot
Land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under this ordinance and having its principal frontage upon a public street or officially approved place.
Frontage
All the property abutting upon one side of a street between two intersecting streets measured along the street line.
Non-Conforming Use
The use of a building or premises not confronting to the regulations of the district within which it is situated.
Non-Conforming Building
A Building on premises not conforming with the regulations of the district within which it is situated.
Set-back Line
The set-back line of a building is the minimum distance between the front line and the front line of the building or any projection thereof.
Street
A thoroughfare twenty-two feet (22’) of more in width.
Yard
An open space on the same lot with a building unobstructed from the ground upward.
Yard-Front
The lot area in front of the building, the depth of which is the minimum horizontal distance between the street lot line and the front line of the building or any projection thereof other than steps, terraces, uncovered porches below the first floor level and balconies, canopies or cornices projecting not more than three and one-half feet beyond the wall of the building.
Yard-Rear
A yard, unoccupied, except by an accessory building as hereinafter permitted, extending across the full width of the lot between the rear line of the building and the rear line of the lot.
Yard-Side
A yard between the building and the side line of the lot and extending from the front yard to the rear yard.
Hotel
A building occupied as the more or less temporary abiding place of individuals who are lodged for hire, with or without meals and in which there are more than 25 sleeping rooms, usually occupied singly and no provision made for cooking in any individual room.
9.0102 Districts
For the purpose of this ordinance, the City of Scotland is hereby divided into three classes of districts as follows:
1) Residence District
2) Business District
3) Industrial District
9.0103 District Boundaries
The various districts and their boundaries are hereby established as follows:
1) The Business District shall embrace that area within the following enclosure: The South Half of Block 11,
the South Half of Block 12, all of Block 13, all of Block 14, all of Block 15, all of Block 16, the North Half of
Block 17, an the North Half of Block 18, Original Plat, and Block 22 Lawlers Addition, City of Scotland.
2) The Industrial District shall embrace all of that area within the City of Scotland, which is located on railroad
property therein.
3) The Residential District shall embrace all the land within the City of Scotland not within the Business or
Industrial Districts.
9.0104 General Regulations
1) Except as hereinafter provided, no building or part thereof shall be erected, constructed reconstructed,
converted, altered, enlarged, extended, raised, moved or used, and no land shall be used except in
conformity with the regulations herein prescribed for the district in which such building or land may be
situated.
2) Unless otherwise specified, no use shall be permitted in any district which is prohibited in any less restricted
district and, unless otherwise provided, no use permitted in a more restricted district shall be prohibited in
a less restricted district.
9.0105 Use Regulation for Residence District
Within any Residence District, unless otherwise provided in the ordinance, no building or land shall be used for other than one or more of the following purposes:
1) Dwelling houses;
2) Apartment houses;
3) Churches;
4) Restaurants;
5) Library and public museums;
6) Parks;
7) Private garages, as permitted in Section 9.0110
8) Clubs, lodges or social or community center buildings, excepting those a chief function of which is a service
or activity conducted or customarily conducted for gain.
9) Playgrounds,
10) Real estate signs advertising for sale or rental or lease only the premises on which they are located. Such
signs shall not be larger in size than four by six feet (4’ x 6’). If the Board of Adjustment shall find that
any such sign has been displayed for an unreasonable length of time and that said sign is detrimental to
the appearance of adjoining property or to the neighborhood, the said Board of Adjustment shall have
power to and are hereby authorized to cause any such sign to be removed;
11) Truck gardens;
12) Farms; and
13) Advertising signs as permitted in Section 9.0112.
9.0106 Use Regulation for Business Districts
Within any Business District, unless otherwise provided in this ordinance, no building or land shall be used for other than one or more of the following purposes:
1) All uses as permitted in the Residence District
2) Retail stores;
3) Financial institutions;
4) Restaurants;
5) Hotels;
6) Offices;
7) Barber shops;
8) Beauty shops;
9) Garages and repair shops;
10) Gasoline filling stations;
11) Studios;
12) Amusement enterprises, such as dance halls, skating rinks, concert halls, theaters, bowling alleys, and
pool halls;
13) Telephone exchange;
14) Telegraph stations;
15) Creameries;
16) Printing shops;
17) Plumbing shops;
18) City hall;
19) Shoe shine and repair shop;
20) Bakeries; and
21) Carpentry or cabinet shops, blacksmith shops, machine shops, metal working shops, tin shops, produce
houses, cream stations, cleaning establishment, processing plants, locker plants, lumber yards, may be
established in the Class “B” districts when the location has been approved by the Board of Adjustment.
9.0107 Use Regulations in Industrial Districts
Within any Industrial Districts, unless otherwise provided in this ordinance, no land or building shall be used for other than one or more of the following purposes:
1) All uses as permitted in Residential and Business Districts;
2) Grain elevators;
3) Coal yards;
4) Feed mills;
5) Wholesale houses;
6) Warehouses; and
7) Gasoline storage tanks, junk shops, stockyards, junk yards, automobile wrecking establishments,
manufactories, and any other use not specifically enumerated may be established in Class “C” districts
when the location thereof has been approved by the Board of Adjustment.
9.0108 Zoning, Accessory & Auxiliary Uses in Residential Districts
1) An accessory use in a Residence District is a use that is customarily incident to Residence Districts.
2) An accessory use shall be permitted in Residence Districts, when a permit is granted therefor by the Board
of Adjustment. Such permit shall be granted by the Board of Adjustment when in its discretion it deems the
use applied for to be a use that is customarily incidental to the use of residence.
3) Offices or studios of professional persons, or space for home occupations not involving in any case the
conduct of the business on the premises, provided that any such activity may only be carried on in the
dwelling which is used as a private dwelling of the proprietor, provided further that any such activity shall
not occupy more than 50 percent of the floor area of one story of such building, provided further that there
shall be no display of goods and no advertising other than a small sign not to exceed one square foot in
area and carrying only the name and occupation of an occupant of the premises, provided further that the
building or premises occupied shall not thus be rendered objectionable or detrimental to the residential
character of the neighborhood due to exterior appearance, the emission of odor, gas, smoke, dust, noise or
in any other way, and provided further that any such building shall include no features or designs not
customary in buildings for residential use.
4) All accessory buildings must have straight side walls that do not exceed ten (10) feet in height. The use of
galvanized aluminum for exterior side-walls will not be allowed in the Residential District.
9.0109 Non-conforming Uses
1) Any lawful use existing at the time of the adoption of this Ordinance of any building or premises may be
continued subject to the provisions hereof although such use does not conform to the provisions of this
Ordinance for the district in which such use is situated. It shall be unlawful to enlarge the area occupied by
the non-conforming use, unless permit shall be granted therefore by the Board of Adjustment.
2) If a non-conforming use is discontinued, any future use of such building or premises shall conform to the
provisions of the Ordinance unless the Board of Adjustment shall permit some other non-conforming use to
occupy said premises.
9.0110 Area Regulation in Residence Districts
1) Front Yard – When in any block on one side of the street between two streets no lots are improved with buildings, the setback line is hereby declared to be not less than thirty-two feet (32’) measuring the same from the center of the street to the building. For the purpose of this ordinance a porch shall be deemed to be part of said building.
2) Between two streets concerning lots in any block fronting on one side of the street where one or more residences already exist, no building shall be hereafter be erected and no existing building shall be reconstructed or altered in such a way that any portion thereof as measured by the shortest distance shall be less than thirty-two feet (32’) from the center of the street, nor further away than fifty feet (50’) from the center of the street.
3) No building shall be hereafter erected and no existing building shall be reconstructed or altered in such a way that any portion thereof shall be closer to the side line of the building lot than eight feet (8’), that is, there must be a side yard of at least eight feet (8”).
4) All buildings other than private residences and their accessory buildings shall have a side yard of at least twelve feet (12’), and no building other than private residences and their accessory buildings shall have a side yard of at least twelve feet (12’), and no building other than private residences and their accessory buildings shall be built, altered or reconstructed nearer the side line of the building lot than twelve feet (12’).
5) When a private garage or accessory building is built within sixty feet (60’) of the front lot line, said garage or accessory building shall be at least six feet (6’) from the side lot line.
6) Rear Yards – If the rear of the building lot abuts upon an alley that is open and used by the public, a residence shall not be built nearer the rear lot line than five feet (5’). That is, there must be a rear yard of at least five feet (5’) in depth. If the building lot does not abut upon an alley, no residence shall be erected on said lot, the rear of which is nearer the rear lot line than fifteen feet (15’). That is, there must be a rear yard of at least fifteen feet (15’) in depth, the same to be measured from the rear of the residence to the rear of the rear lot line.
9.0111 Enforcement
The provisions of the Ordinance shall be enforced by such municipal officials as may be designated by the governing body and according to such rules as may be adopted by the Board of Adjustment, which is the City Council.
9.0112 Board of Adjustment
1) A Board of Adjustment is hereby created and established which is to consist of the city Council of the City of
Scotland. The Mayor shall act as chairperson of this Board of Adjustment. The Finance Officer shall serve as
a secretary of this Board of Adjustment. This Board of Adjustment shall meet on the first Monday of every
month. Special meeting of said Board shall be held at the call of the Mayor or at the request of any two
members.
2) The Board of Adjustment may in appropriate cases and subject to appropriate conditions and safeguards
make special exceptions to the terms of this Ordinance, in harmony with its general purpose and intent and
in accordance with the rules (general or specific) herein contained. Any property owner aggrieved by the
provisions of this ordinance, as applied to him/her, may petition the said Board of Adjustment to make an
exception to this section as applied to such property owner and the decision of said board upon said petition
shall be appealable in the manner provided by law for appeals.
3) Said Board of Adjustment shall have the power to hear and decided appeals where it is alleged there is an
error in any order, requirement, decision or determination made by an administrative official in the
enforcement of this Ordinance. A notice of appeals shall be filed with the secretary of said Board of
Adjustment within thirty (30) days from the date of the order, requirement, decision or determination of
such administrative official.
4) Said Board of Adjustment shall have the power and authority to require signs to be moved as provided in
Section 9.0105 hereof.
5) Upon application, the Board of Adjustment may permit the erection of advertising signs and billboards in
Class B (business) and Class C (industrial) districts, provided that said board shall approve of the erection
and construction of said signs provided, however, that the Board of Adjustment may cancel said permit and
cause said advertising signs or billboards to be removed if in their discretion they deem that the said
advertising signs or billboards are unsightly and are detrimental to the appearance of the neighborhood in
which they are erected.
6) The Board of Adjustment, upon application, may permit carpenter or cabinet chops, blacksmith shops,
machine shops, metal working shops, tin shops, produce houses, cream stations, and cleaning
establishments in Class B (business) and Class C (industrial) districts provided that said Board of
Adjustment shall approve of location.
7) The Board of Adjustment, upon application, may permit gasoline storage tanks, stockyards, junk shops,
junk yards, automobile wrecking establishments, manufacturing establishments, or any other use not
specifically enumerated in the Class C (industrial) district, if the board shall approve of the location of the
same.
8) The Board of Adjustment may, upon application, permit necessary and auxiliary uses in Class A (residence)
and Class B (business) districts as provided in Section 9.010 hereof.
9) Board of Adjustment may, upon application, permit a non-conforming use in any district if the board shall
approve of the location and type of use.
10) The Board of Adjustment may, upon application, permit a person to enlarge the area occupied by non-
conforming use as permitted in Section 9.0109 hereof.
11) The Board of Adjustment may, upon application, establish setback lines as provided in Section 9.0110
hereof.
9.0113 Powers Conferred by Statutes
The Board of Adjustment shall have all of the powers and the duties imposed upon it by the statutes of the State of South Dakota, and the ordinances of the City of Scotland.
9.0114 Violation and Penalty
Any person violating any of the provisions of this Ordinance or failure to comply with the terms or requirements thereof shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not exceeding $200 or imprisonment in jail for a term not exceeding thirty (30) days or may be both so fined and imprisoned. In addition thereto, any building or structure maintained or any building, structure or land that is used in violation of this Ordinance is hereby declared to be a nuisance and may be abated as such. Each day that the violation is permitted to exist shall constitute a separate offense. An Ordinance requiring building permits for the construction, reconstruction, erection, conversation, alteration, extension, enlargement, raising or moving or any building or structure within the City of Scotland, South Dakota.
9.0115 Building Permit Required
It shall be unlawful for any person to commence or to proceed with the erection, construction, reconstruction, conversation, alteration, enlargement, extension, raising, or moving of any building or structure or any portion thereof within the City of Scotland, unless a building permit has been granted therefore.
9.0116 Application for Permit
When any person shall be desirous of erecting, constructing, reconstructing, converting, altering, enlarging, extending, raising or moving any building or structure within the limits of the City of Scotland, he/she shall make a written application to the Finance Officer of Scotland, South Dakota, for permit to carry on such work.
9.0117 Contents of Application
The application shall contain the following information:
1) The name of the owner of the premises.
2) The location thereof.
3) The nature of the work to be done.
4) The estimated cost of the work to be done.
5) The size of the lot or lots.
6) The size of the building.
7) The distance that the building is, or will be from the front lot line, the rear lot line, and the side lot lines on
each side of the building.
8) Whether the outside walls are to be frame, brick, stucco, or cement construction.
9) A statement signed by the owner or his/her agent that all work will be in conformity to the facts stated in
the application and that all work done will conform with the zoning and building ordinance of the City of
Scotland and the laws of the State of South Dakota.
9.0118 Permit Granted
It shall be the duty of the Finance Officer to, within forty-eight (48) hours, present said application to the Mayor as established by this Ordinance or acts amendatory thereof, or if the Mayor cannot be located then to the President of said board. If said Mayor, or in case of his/her absence, the President, is satisfied that such building, alteration, repair or moving is in compliance with the provisions of the zoning and building ordinance of the City of Scotland, he/she shall give a written permit for such proposed building or structure. Provided, however, should said Mayor, or in his/her absence, the President of the Board of Adjustment, conclude from an inspection of said application presented to him/her that said building, repairing, alteration or moving was not in compliance with the zoning or building ordinances of the City of Scotland, then said Mayor, or president of said board, shall refuse to issue such permit and shall give a written notice to the applicant of his/her refusal to issue such permit, therein stating the reason why said permit was not issued.
Any person aggrieved by the granting or refusing to grant a building permit as provided by this ordinance may appeal from the decision of said Mayor, or the president of said board, to the circuit court of the State of South Dakota, and have the entire proceedings had upon such application reviewed by the Circuit Court as provided by the statutes of the State of South Dakota.
9.0119 Expiration of Permit
Any building permit under which no construction work has been commenced within six (6) months after the date of issue of said permit, or under which the proposed construction has not been completed within eighteen (18) months after the date of issue, shall expire by limitation and no work or operations shall take place under any such permit after such expiration unless said permit has been renewed.
9.0120 Record Kept
It shall be the duty of the Finance Officer to keep a permanent record of all applications for building permits and of all building permits issued.
9.0121 Penalty
Any person violating any of the provisions of this Ordinance or failing to comply with any of the provisions thereof shall be deemed guilty of a misdemeanor and shall upon conviction thereof, be punished by fine not exceeding $200 or imprisonment in jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment. In addition, thereto, any building or structure which is erected, constructed or reconstructed, moved, converted or maintained or any building, structure or land that is used in violation of the Ordinance is hereby declared to be a nuisance and may be abated as such.
9.0122 Building Permit Fees and Variance Application Fees
A fee for each building permit, application for any variance and/or conditional use, shall be paid to the municipal finance officer at the time of submission of any such application, according to the fee schedule from time to time adopted by the Scotland City Council. Where work for which such building permit or variance application is required is started prior to obtaining the required permit or variance, the fee may be doubled, unless such doubling is, for good cause, waived by the city council; but the payment of such double fee shall not relieve any person from fully complying with all requirements of law in the execution of the work nor from any other penalties, nor shall any person be deemed entitled to continue with any work without obtaining the necessary permit or variance therefore. Until all permit or application fees have been paid in full, no action shall be taken by the Board of Adjustment or Scotland City Council on any application or appeal.
TITLE IX
ZONING