5 county-level rules, plus city-specific rules for 1 city in Minnehaha County, South Dakota.
Verified from official government sources
In unincorporated Minnehaha County, home-based businesses are regulated as 'Home Occupations' under Article 12.03 of the 1990 Revised Zoning Ordinance. The ordinance distinguishes Minor Home Occupations (allowed by right in residential dwellings) from Major Home Occupations, which require a Conditional Use Permit processed by the Planning & Zoning Department under Article 19.00. Standards limit the activity to residents of the dwelling and require that the residential character of the property be preserved.
Signs identifying a Home Occupation in unincorporated Minnehaha County are limited by Article 12.03 of the Zoning Ordinance and the county Sign Handbook adopted under the 1990 Revised Zoning Ordinance. Article 12.03 standards require that the residential character of the property be preserved, which the county interprets as limiting on-premises signage to a small, non-illuminated nameplate. Larger or illuminated commercial signage is permitted only for an approved Major Home Occupation and only as a condition of the CUP.
Minnehaha County's Article 12.03 limits on-premises sale of products to 'limited and incidental' activity for Minor Home Occupations. Regular customer traffic, walk-in clientele, and delivery vehicles push the activity into Major Home Occupation status, which requires a Conditional Use Permit under Article 19.00 that typically imposes hours-of-operation, parking and traffic-mitigation conditions.
South Dakota's cottage food law (SDCL 34-18-35 through 34-18-38) authorizes producers to make and sell non-temperature-controlled food, home-processed canned goods, and -- with food safety training -- temperature-controlled baked goods and frozen produce from a residence. The law has no gross-sales cap, allows direct-to-consumer sales at the residence, farmers markets, roadside stands, and events, but prohibits mail-order shipment. Minnehaha County does not impose a separate cottage-food permit; the state Department of Health administers the program.
South Dakota distinguishes 'registered' family day care homes (up to 12 children) from licensed group family day care homes. Under SDCL 26-6-14.8, an unregistered family day care home may not provide care for more than 12 children at one time -- including children under six who live in the home. Registration with the SD Department of Social Services is voluntary unless the provider receives public funds, in which case it is mandatory. In unincorporated Minnehaha County, a home daycare is also treated as a home occupation subject to Article 12.03.
1 cities in Minnehaha County have their own home business rules. Each link goes to that city's dedicated page with code citations.
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