City of Brandon:Ordinance #603

ORDINANCE #603

AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING THE BRANDON ZONING ORDINANCE BY AMENDING CHAPTER 15-9-10, GB: GENERAL BUSINESS DISTRICT, LOT AND YARD REGULATIONS; AND CHAPTER 15-22-2, DEFINITIONS.

BE IT ORDAINED BY THE CITY OF BRANDON, SD:

Section 1.  That Chapter 15-9-10 of the Brandon Zoning Ordinance is hereby amended to read as follows:

15-9-10 LOT AND YARD REGULATIONS

The minimum lot area, minimum lot width, setback requirements, and maximum building height within the GB District shall be as follows:

* These requirements apply to the commonly owned space surrounding the individually platted lots. For setbacks related to the individually platted units located thereon, see Exception #5 below.

All measurements shall be taken from the lot line to the building line (see definitions).

Exceptions

#1. The side yard setback(s) shall be increased to twenty (20) feet when the building exceeds thirty-five (35) feet in height.

#2 A side yard setback of fifteen (15) feet shall be required where a lot is adjacent to or abuts a residential district. A fence, wall, berm, or shrubbery six (6) feet in height and of a character necessary for adequate screening of a GB property from an abutting or adjacent R-1, R-2, R-3, or R-4 property shall be provided.

#3.  A rear yard of twenty (20) feet shall be required where a lot is adjacent to or abuts a residential district. A fence, wall, berm, or shrubbery six (6) feet in height and of a character necessary for adequate screening of a GB property from an abutting or adjacent R-1, R-2, R-3, or R-4 property shall be provided.

#4. There shall be a required front yard on each street side of a double frontage lot.  There shall be a required front yard on each street side of a corner lot.

#5 Zero lot line option: Stripmalls held in common ownership and located on a single lot shall observe the standard side setback rules prescribed above. However, the lot may be subdivided into separate lots upon which individual retail or trade establishments are located if the lots to be created through the subdivision process are individually platted. In such event, the setbacks for the individually platted lots shall be as follows: 

1. Front Yard Setback: Zero (0) feet.

2. Rear Yard Setback: Zero (0) feet.

3. Side Yard Setback: Zero (0) feet.

Stripmalls composed of two (2) or more individually platted lots already utilizing the zero lot line option described above shall not be considered Non-Conforming pursuant to Chapter 15-16.

This exception only applies if the individually platted lots are surrounded by a space commonly owned by the owners of the individually platted lots. The commonly owned space surrounding the individually platted lots shall meet all applicable requirements found in the Lot and Yard Regulations table above.

#6. See also Adjustment to Yard Regulations (Chapter 15-14) and Non-Conforming Uses and Non-Standard Lots (Chapter 15-15) for other specific exceptions. 

Section 2.  That Chapter 15-22-2 of the Brandon Zoning Ordinance is hereby amended to include the following definition:

STRIPMALL – A retail trade or service establishment where two (2) or more individual stores are arranged in a row, typically with a sidewalk and/or parking lot located in front. 

Adopted this 6th day of April, 2020.

Mayor

ATTEST:

Finance Officer

Seal

First Reading: March 16, 2020

Second Reading & Adoption:  April 6, 2020

Published:  April 15, 2020

Effective Date:  May 6, 2020

Published once at the approximate cost of $52.25.

April 15, 2020