Planning and Zoning and Ordinances

Planning and Zoning and Ordinances

Planning & Zoning Commission

Byron Foreman (Chairman), Barry Gardner, Kathleen Flakus, Joe Hockett, Luke Littau.
Contact the Planning & Zoning Administrator – Cody Bertram


If you have an additional question please contact the Department at (605) 842-3662.

What work is required to have a building permit?
Section 105.1 of the Building Code requires all construction, repair, demolition or moving of structures, including electrical, mechanical and plumbing to obtain a permit.  However, some work is exempt, which includes the following:

  1. Retaining walls, which are 2 feet or less in height measured from the bottom of the footing to the top of the wall.
  2. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio or height to diameter or width does not exceed 2 to 1.
  3. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
  4. Temporary motion picture, television and theater stage sets and scenery.
  5. Prefabricated swimming pools accessory to group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
  6. Swings and other playground equipment accessory to one and two family dwellings.
  7. Window awnings supported by an exterior wall of group R-3, as applicable in Section 101.2 and Group C occupancies.
  8. Movable cases, counters, and partitions not over five (5) feet nine (9) inches in height.
  9. Oil derricks.
  10. Shingling, re-roofing of existing one and two family dwellings, siding and replacing windows.
How do I get a building permit?
Stop by the Municipal Building at 325 S Monroe Street and pick up an application.  Submit the application along with detailed drawings and site plan and pay the fee.  The building official will review the submittal and then issue the building permit.
What inspections are required?
Basically 3 inspections are required for most construction:

  1. Footings Inspection:  Before concrete is placed, inspector checks the footing site and rebar placement.
  2. Framing Inspection:  Before insulation is installed the inspector checks the structure for proper materials, nailing, etc.
  3. Final Inspection:   At completion and before occupancy, the inspector reviews the structure to see that it conforms to the approved plan.
  4. Electrical and Plumbing work is inspected by the State and copies of their certificates must be submitted to the Building Department at the final inspection.
Where is my property line?
You may have to have a survey done to determine where your property line is.  Many people think it is at the curb.  It can actually be several feet inside the curb since the City claims this as right-of-way for utilities.
How far from the property line do I need to be with my building?
The distance from the property line, otherwise known as the setback, depends on the zoning classification of the property.  Check with the Building Department to determine the required distance.
What is the Planning Commission?
The Planning and Zoning Commission is a 7 member board consisting of a Chairman, Vice-Chairman and Secretary, along with 4 regular members who are appointed by the Mayor for 3 and 5 year terms.  There duties include drafting of the Comprehensive Plan, Zoning Ordinance and ordinance amendments.  When the Zoning Administrator or Building Official feel the need for further action, the Planning Commission may hold public hearings to review and recommend an action on a request.  The Planning Commission reports to the City Council and acts in an advisory position to the Council and Board of Adjustment on matters pertaining to Planning and Zoning.
What is the Board of Adjustment?
The City Council acts as the Board of Adjustment and acts as the decision making body within the Zoning Ordinance.  A 2/3 or 66% majority vote is required to reverse any decision or approve a request.
What is a Zoning District?
An area with which, in accordance with the provisions of an ordinance, certain uses of lands, buildings, and structures are permitted and certain others are prohibited, where yards and other open spaces are required, where lot areas, building height limits, and other requirements are established, all of the foregoing being identical for the zone and district in which they apply.
What is a permitted use?
A use by right that is specifically authorized in a particular zoning district; or the principle, permissible purpose for which land, buildings, or structures may be used, and for the purpose of this by-law all uses not listed as permitted shall be deemed to be prohibited in that zone.
What is an accessory use?
A use which is clearly incidental to, and is customarily found in connection with, such principal use; and, in the same ownership as such principal use, or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use.
What is a conditional use?
A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the Board of Adjustment.

Contact Us

City of Winner

325 S Monroe St. Suite #118
Winner, SD 57580
Phone: 605-842-2606

Tripp County Office of Development

246 S Main St.
PO Box 268
Winner, SD 57580
Phone: 605-842-1551

Winner Area Chamber of Commerce

246 S Main St.
PO Box 268
Winner, SD 57580
(800) 658-3079

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