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.
The Minnehaha County Zoning Ordinance (Article 12.03) permits limited nonresidential activity in conjunction with a residence in zoning districts where dwellings are permitted (principally A-1 Agricultural and RR Rural Residential), provided the home occupation does not alter the residential character of the neighborhood. The county Planning & Zoning FAQ confirms three baseline standards: (1) only residents of the dwelling may be employed by or participate in the occupation; (2) only limited and incidental sale of products may occur on the premises; (3) the occupation must be operated by a member of the family residing in the dwelling. A Major Home Occupation -- one that exceeds the minor thresholds (typically because it has on-site customer traffic, deliveries, outside storage, or a larger footprint) -- requires a Conditional Use Permit application reviewed by the County Board of Adjustment under Article 19.00 procedures. Inside the City of Sioux Falls, Brandon, Hartford, Dell Rapids and other incorporated municipalities, the municipal zoning code applies instead of the county ordinance. The county Planning & Zoning office at 415 N. Dakota Ave., Sioux Falls (605-367-4204) processes applications.
Operating a Major Home Occupation without an approved Conditional Use Permit is a zoning violation enforced by the Minnehaha County Code Enforcement Office. The county may issue a notice of violation, require the operator to cease the activity, and -- if unresolved -- pursue civil abatement or misdemeanor prosecution under SDCL 11-2-35 (penalty for violation of county zoning ordinance, Class 2 misdemeanor).
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Minnehaha County, SD
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