Zoning, building permits and septic rules in Clear Lake, South Dakota

Clear Lake’s own rules

• Building permitRequired

  Construction, alteration or repair of buildings and structures inside Clear Lake city

  • Applies to work with a cost or value exceeding $100
  • No permit required for shingling, siding or painting
  • Permit is issued by the finance officer and good for one year
  • Zoning ordinance separately requires a permit from the administrative official to erect, move, add to or structurally alter any structure

  cost threshold: > 100 USD (shingling, siding, painting exempt) · minimum residential permit fee: >= 30 USD · minimum commercial permit fee: >= 100 USD

  “which has a cost or value exceeding the sum of $100.00 within the municipality shall make an application to the finance officer”

• Building code adoptedPartial

  Buildings and structures inside Clear Lake city

  • The city code only 'recommends' following the most recent International Building Code edition rather than adopting a specific edition
  • City code prevails over the IBC where they conflict
  • Title II also has chapters on the national electrical code, national plumbing code and international property maintenance code (not read in detail)

  “it is recommended that the "international building code" (most recent edition) be followed for the alteration, construction, demolition, location, maintenance, repair and removal of buildings and structures within the municipality.”

• Local zoningPresent

  All land inside Clear Lake city limits (Deuel County)

  • Ordinance 700 rescinds and replaces Ordinance 500; annexed land is automatically placed in the A agricultural district until rezoned

  “the provisions of this ordinance shall apply to all territory within the boundaries of the city of clear lake, south dakota”

• Zoning districtsPublished

  Zoning districts inside Clear Lake city

  • Districts: A agricultural, R-1, R-2, R-L lake residential, R-3 manufactured home, PUD, C-1, C-2, I, plus CB and RR-I overlays and a floodplain district
  • Official zoning map is kept at the finance officer's office

  “the following uses and structures shall be permitted in the "r-1" single family residential district”

• Minimum lot sizeSpecified

  R-1 single family residential district inside Clear Lake city

  • Conditional uses: to be determined by the board of adjustment

  minimum lot area: >= 9000 square feet · minimum lot width: >= 75 feet

  “minimum lot area minimum lot width maximum height maximum percent lot coverage single family 9,000 square feet 75' 35' 30% residence conditional uses to be determined by the board of adjustment”

• Lot coverageSpecified

  R-1 single family residential district inside Clear Lake city

  • Conditional uses determined by the board of adjustment

  maximum lot coverage: <= 30 percent

  “minimum lot area minimum lot width maximum height maximum percent lot coverage single family 9,000 square feet 75' 35' 30% residence”

• Building heightSpecified

  R-1 single family residential district inside Clear Lake city

  • Steeples and towers up to 75 feet

  maximum height: <= 35 feet (steeples and towers 75 feet)

  “*maximum height for steeples and towers shall be seventy-five (75) feet”

• Living in an RVLimited

  Living in parked or stored recreational equipment on residential lots inside Clear Lake city

  • Allowed up to 120 days only in the lake-front residential district
  • Not allowed in all other districts on residential lots or any location not approved for such use
  • Campground rules in Chapter 4.23 not reviewed

  max days in lake-front district: <= 120 days (only when parked in accordance with section 4.05.01)

  “in the r-2l district (lake front lots) recreational equipment may be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot for up to one hundred twenty (120) days, provided it is parked in accordance with this section.”

• Manufactured homesLimited

  Manufactured and mobile homes placed inside Clear Lake city

  • Homes must have been built within the last ten years of the moving-permit application
  • Ordinance 700 regulates Type I and Type II manufactured homes with foundation, running gear and size standards; R-3 manufactured home residential district exists
  • Manufactured homes are not listed as permitted uses in the R-1 district

  maximum home age at moving permit: <= 10 years

  “only those manufactured or mobile homes constructed within the last ten (10) years of the date that a moving permit was applied for may be placed and maintained on a tract of land within the municipality.”

• Who permits septicLocal (with conditions)

  Private wastewater systems inside Clear Lake city

  • Existing septic tanks are non-conforming uses
  • Sewer connection mandatory when city sewer is within 200 feet

  “all structures used for human habitation, commercial and industrial use must be connected to a sewage disposal system approved by the city council.”

• Off-grid sanitationLimited

  Private sewage disposal inside Clear Lake city

  • Existing septic tanks are non-conforming
  • Sewer connection mandatory within 200 feet

  “all existing septic tanks shall be considered non-conforming uses.”

• Mandatory utility hookupSewer (with conditions)

  Structures for human habitation inside Clear Lake city where city sewer is available

  • Zoning ordinance sets a 200-foot availability distance; Title VIII sets 250 feet from the property line; the two differ
  • Connection at landowner's cost; Title VIII allows 180 days after official notice
  • Public water connection requirement not found

  sewer availability distance (zoning ordinance): <= 200 feet · sewer availability distance (Title VIII): <= 250 feet

  “if the city sanitary sewer system is available within 200 feet, all such structures must be connected at the landowner's cost.”

• Permit feesPublished (with conditions)

  Building permits inside Clear Lake city

  • Full fee schedule is set by city council resolution and available from the administrative official or finance officer; only minimums are in the code

  minimum residential building permit fee: >= 30 USD · minimum commercial building permit fee: >= 100 USD

  “the minimum fee for residential building permits is $30.00 and the minimum fee for commercial building permits is $100.00.”

• Permit processPublished (with conditions)

  Building permits inside Clear Lake city

  • Application to finance officer; plans and cost estimate; referral to city council
  • Permit valid one year and must be posted on site
  • Work begun without a permit incurs administrative fee of 100% or 200% of the permit fee

  permit validity: 1 year

  “a building permit shall be issued by the finance officer upon payment of the prescribed fees with the condition that said permit shall be good for one year from the date of issuance.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Clear Lake or Deuel County directly.

• Owner-builder exemption — Owner-builders inside Clear Lake city
• Inspections — Inspections of construction inside Clear Lake city
• Certificate of occupancy — Certificates of occupancy inside Clear Lake city
• Minimum dwelling size — Dwelling floor area inside Clear Lake city
• Camping on your land — Temporary camping inside Clear Lake city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.