Zoning, building permits and septic rules in Philip, South Dakota

Philip’s own rules

• Building permitRequired

  Construction, enlargement, moving or change of occupancy inside Philip city limits

  • Exempt: one-story detached accessory structures not over 200 sq ft (zoning setbacks still apply); fences not over 7 ft; retaining walls not over 4 ft; sidewalks and driveways; decks not over 30 in. above grade; interior remodeling; like-for-like siding/roofing/window replacement and other listed items
  • Exemption does not authorize work violating the code or other ordinances
  • Permits are reviewed by building committee and building consultant, then presented at next council meeting

  “any owner or owner's authorized agent who intends to construct, enlarge, move, or change the occupancy of a building or structure shall first make application to the city of philip and obtain the required permit.”

• Building code adoptedAdopted

  Construction inside Philip city limits

  • IRC adopted chapters 1-10, 12-24 and 44 only; IRC chapter 11 (energy efficiency) deleted
  • Local amendments to IRC/IBC (permit exemptions, sprinklers deleted, snow load 40, wind 115 mph, frost depth 42 in.)
  • Also adopts 2021 International Existing Building Code and 2021 International Fire Code

  ground snow load: 40 · frost line depth: 42 inches

  “the common council hereby adopts the 2021 international residential code for one- and two-family dwellings, chapters 1-10 and 12-24 and 44 and the 2021 international building code as published by the international code council.”

• Certificate of occupancyRequired

  New or altered buildings and changed use of land inside Philip city limits

  • Application is made together with the building permit; issued within 3 days of written request after completion (10 days for land)
  • Temporary certificate may be issued for partial occupancy under safety restrictions
  • Vacant land used for agriculture is excepted

  issuance time for building: <= 3 days

  “certificate for occupancy of a new building or the alteration of an existing building shall be applied for co-incident with the application for a building permit, and said certificate shall be issued within three (3) days after the request for same shall have been made in writing to the building inspector”

• Local zoningPresent

  Land inside Philip city limits

  • Zoning ordinance adopted by Ord. #2009-16 (12/29/09), with 2023 amendments (Ord. #2023-07)

  “in order to regulate the location and use of buildings erected or altered for specified purposes, the city of philip is hereby divided into use districts, of which there shall be five (5) classifications known as follows:”

• Zoning districtsPublished (with conditions)

  Philip city zoning districts

  • Five classes: residence, multiple dwelling, commercial, industrial, no use (NU)
  • Boundaries shown on the use district map; zoning map PDF is linked from the city site

  “the city of philip, south dakota, is hereby divided into the five (5) districts aforesaid and the boundaries of such districts are shown upon the map attached hereto”

• Minimum lot sizeSpecified

  Lots in Philip city limits (definition applies ordinance-wide; no district-specific lot area found)

  • Stated in the ordinance's definition of 'lot', not in a district table
  • No separate agricultural district exists

  minimum lot size: >= 6000 square feet

  “a lot for the purpose of this ordinance is a parcel of land or premises occupied, or which it is contemplated shall be occupied by one building with its usual auxiliary buildings or uses customarily incident to it, and shall be of a size not less than 6000 square feet.”

• SetbacksSpecified

  Class A residence district and class B multiple dwelling district inside Philip city limits

  • Front setback averaging and corner/through-lot adjustments apply (11-401 b-f)
  • Rear yard 25 ft interior lot, 20 ft corner lot, adjusted for lot depth, never under 10 ft
  • Side yards at least 5 ft; 50% more for churches, schools and similar institutions
  • Accessory buildings at least 25 ft from front line and 5 ft from other lot lines

  front setback, residence district: >= 25 feet · front setback, multiple dwelling district: >= 15 feet · side yard: >= 5 feet

  “except as otherwise provided, no building shall be so erected or altered in any residence district as to place it's front wall or setback less than twenty-five (25) feet from the street line, and no building shall be erected or altered, in any multipledwelling residence district as to place it's front wall or setback less than fifteen (15) feet from the street line.”

• Manufactured homesLimited

  Mobile/manufactured homes and trailer courts inside Philip city limits

  • Trailer courts and mobile home parks are placed in the class C commercial district
  • Moving any building or residence structure into a residence district requires that it have an actual value of the residential class of that district

  “no permit shall be issued to move any building or residence structure which may be located within or without the limits of the city of philip into any class of residence district within the city of philip unless the same has an actual value of the residential class in which said building is to be placed.”

• Off-grid sanitationLimited

  Cesspools and privies inside Philip city limits

  • Cesspool permit only where the city sewage system is not available, on application to the zoning board of adjustment or city council
  • Outdoor water closets and privy vaults are prohibited

  “the construction of cesspools are prohibited within the city of philip, except where the city sewage system is not available; then a permit may be issued for the construction of cesspools upon proper application to the zoning board of adjustment or the city council.”

• Shed and accessory-building permit exemptionConditional

  Detached accessory structures inside Philip city limits

  • One-story only
  • Zoning setback requirements still apply
  • Exemption does not authorize work violating the code or other ordinances

  maximum floor area: <= 200 square feet

  “one-story detached accessory structures provided the floor area does not exceed two hundred (200) square feet. setback requirements from zoning are still required to be met.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Philip city limits

  • Subdivision regulation text itself not opened

  “administering and enforcing zoning and subdivision regulations, enforcing building codes, and carrying out ordinances for permits and inspection.”

• Building in a floodplainRequired

  Property in the designated flood zone inside Philip city limits

  • Applies only when property is in the designated flood zone
  • Covers new construction, substantial improvements, rehabilitation, bridge/culvert, channelization, excavating, fill, levee, grading

  “permits are required for the following when property is located in the designated flood zone: new construction substantial improvements rehabilitation bridge/culvert channelization excavating fill levee grading”

• Permit processPublished (with conditions)

  Building and floodplain development permits inside Philip city limits

  • Applications filed at city office or emailed to cityadmin@philipsd.us
  • Reviewed by building committee and building consultant, then presented at the next council meeting
  • Variances require a public hearing; applicant pays publication and recording fees

  “after submittal, permits are reviewed by the building committee & building consultant. permits are then presented during the next council meeting for consideration.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Philip or Haakon County directly.

• Owner-builder exemption — Owner-built homes inside Philip city limits
• Inspections — Construction inspections inside Philip city limits
• Minimum dwelling size — Dwellings inside Philip city limits
• Lot coverage — Lot coverage inside Philip city limits
• Building height — Building height inside Philip city limits

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.