§ 155.004 USES PERMITTED ON REVIEW.
   In order to accomplish the general purpose of this chapter, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas and or are potentially incompatible with existing development. These uses may be considered by the governing body through the procedure provided in § 155.073. Other uses permitted on review:
   (A)   Cemetery.
      (1)   The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.
      (2)   Any new cemetery shall be located on a site containing not less than 20 acres.
      (3)   All other structures including but not limited to mausoleum permanent monument or maintenance building, shall be set back not less than 25 feet from any property line or street right-of-way line.
      (4)   All graves or burial lots shall be set back not less than 25 feet from: any property line or street right-of-way line.
      (5)   All required yards shall be landscaped and maintained.
   (B)   Drive-in theater.
      (1)   The site must have direct access to a major public road.
      (2)   In addition to the required setbacks from streets and highways, all yards shall be planted and maintained as a landscaped strip.
      (3)   The theater screen shall not be visible from any public street within 1,500 feet. In addition, cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height.
      (4)   Loading space for patrons waiting admission to the theater shall be equal to 20% of the capacity, be separated, and internal circulation shall be laid out to provide one-way traffic.
      (5)   Sale of refreshments shall be limited to patrons of the theater.
      (6)   No central loudspeakers shall be permitted.
      (7)   All parking areas and access ways shall be adequately lighted, provided however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties.
      (8)   Amusement parks or kiddielands shall be limited to patrons of the theater.
      (9)   The connecting driveways shall be surfaced with permanent paving, maintained in good condition and free of all weeds, dust, trash and other debris.
   (C)   Public and private utilities and services. Where permitted, public and private utilities and services shall be subject to the following requirements.
      (1)   Health Department report. Application for permission to operate water works and/or sewage treatment plants shall be accompanied by a report and a recommendation from the State Department of Health. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent shall be incorporated into and made a part of the application.
      (2)   Lot area and location. The required lot area and location shall be specified as part of the application and shall be determined in relation to the proposed use, the intensity of such use and the effects of such use upon the environment.
      (3)   Fencing and/or screening. Where findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding residential properties may ensue, fencing or screening with an evergreen hedge or other shielding material may be required in a manner consistent with such findings.
      (4)   Public utilities service yards. Shall be screened by a seven-foot obscuring fence, wall or mass planting or otherwise so located as not to be obnoxious to the orderly appearance of the district.
   (D)   Day care facilities. The facilities, operation and maintenance shall meet the requirements of SDCL Chapter 26-6 regulating day care facilities and local zoning regulations. In addition, operators desiring to open a day care facility shall abide by the following:
      (1)   Definitions for use in this chapter and any corresponding documents and/or forms related to this chapter.
         CHILD. Person under the age of 18.
         CHILDREN. More than one child.
         DAY CARE FACILITY.  A place, which may or may not be a home, in which one or more children not related to the care provider, are cared for on a regular basis, at least once a week, for compensation, whether paid directly or indirectly.
         LARGE DAY CARE FACILITIES. Day care facilities caring for more than 12 children at any given time shall be licensed under SDCL Chapter 26-6 as a day care center or as a group family day care home.
            1.   Submit a use permit on review along with a day care supplement for initial Council consideration and scheduling of the required public hearing as described in § 155.073.
            2.   Be licensed annually. Each day care operator shall submit a fully and properly completed Use Permit on Review - Day Care Supplement by October 10 of each calendar year for the coming year along with an annual renewal fee as stated in the Fee Schedule. No unregistered family day care homes (up to 12 children in care) as defined by the South Dakota Department of Social Services shall be allowed within the City.
            3.   Existing day care facilities shall submit documents and fees per division 3. below in PASSED A BACKGROUND CHECK.
            4.   It is the responsibility of the Development Coordinator to coordinate/complete the annual review of the Day Care Supplement and recommend renewal or revocation of the permit.
            5.   The city shall have the right to enter the day care facility in order to conduct a random or complaint based inspection, based on a written complaint.
            6.   Suspension or revocation of registration. The Development Coordinator has authority to suspend or revoke a registration for good cause. "Good cause" may include, but is not limited to:
               a.   Circumstances or events, including exigent circumstances or events, or for the purpose of conducting an investigation involving a provider's action, inaction or failure to comply with any terms of this ordinance, state statute, or state rule when reasonably corroborated and objectively considered to pose an imminent risk of harm to the health, safety or rights of a child in care;
               b.   A registrant, a provider employed by the registrant, or a person present on the premises on a regular basis is required to register as a sex offender under SDCL Chapter 22-24B;
               c.   A registrant, a provider or a person present on the premises on a regular basis employed by the registrant has been added to the central registry for child abuse established by SDCL § 26-8A-10;
               d.   A registrant, a provider or a person present on the premises on a regular basis is a person described in the first sentence of SDCL § 26-6-14.11 or otherwise ineligible under state or federal law to be a registrant or provider;
               e.   The applicant omitted material information upon their application for registration;
               f.   The information on the application for registration under this chapter contains a material misstatement of facts;
               g.   Any failure to comply with the requirements of this chapter;
               h.   Any substantiated allegation of mistreatment, neglect or improper supervision;
               i.   Failure to cooperate with any city personnel or their agent in investigating a complaint regarding the family day care home or a provider, including an impromptu site visit;
               j.   The State Department of Social Services/ child care services has denied, suspended, revoked or refused to renew registration under SDCL Ch. 26-6; or any other substandard condition that the Department of Social Services has determined constitutes a threat to the health, safety or well-being of a child or the children cared for in the family day care home, of which the Department of Social Services has been notified and the department has had an opportunity to thereafter notify the registrant, and the condition has not been remedied within the time specified by the health department.
         PASSED A BACKGROUND CHECK.  
            1.   The central registry for child abuse established by SDCL § 26-8A-10 has been checked and it does not indicate that the person was responsible for any proven instance of child abuse or neglect.
            2.   The person is not required to register as a sex offender under SDCL Chapter 22-24B.
            3.   A criminal background check has been performed, the results of which do not indicate that the person has been convicted of child abuse pursuant to SDCL Chapter 26-10 or a similar law of any other state or of the United States, at any time, or that the person has been convicted of any felony within the previous five years. For renewal registrations, a criminal background check that is less than three years old is sufficient.
         RELATED. Any of the following relationships by marriage, blood or adoption between the provider and the children in care: parent, grandparent, great-grandparent, brother, sister, stepparent, stepbrother or stepsister.
      (2)   If the Development Coordinator finds good cause to suspend or revoke a day care registration, the director may take immediate action to suspend or revoke the provider's registration, A registration suspension shall be temporary in nature and the terms of any suspension shall be specified at the time of issuance; however, if no other time period is specified for a registration suspension, the suspension shall be deemed in effect for the initial maximum time period of 90 days.
      (3)   The suspension period may be reviewed and increased by up to 90-day increments if there is a valid reason for the extension. Circumstances that shall constitute a valid reason for the extension include, but are not limited to, circumstances where either a police or child protection services investigation or action has not been determined or concluded, or where a finding against the provider at the state level has been appealed. However, a total period of suspension shall not exceed one year under any circumstances. The provider shall be informed of any temporary suspension or extension(s) of the suspension period. When a citation or notice of violation is issued, it must be displayed on the door or doors used by parents bringing their children into the day care for at least 30 days after the issuance of the citation or notice of violation. A provider shall have the right to appeal any suspension, extension of a suspension or revocation to the City Council.
   (E)   Automobile wrecking and junk yards.
      (1)   No such operation shall be permitted closer than 300 feet from any established residential district.
      (2)   All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall excepting driveway areas, having a minimum height of eight feet. Storage between the street and such fence is expressly prohibited. Any fence or wall erected for screening purposes shall be within the buildable area of the lot and shall be properly painted or otherwise maintained in good condition.
      (3)   Off-street parking: as regulated in § 155.049.
      (4)   The number of vehicular access driveways permitted on any single street frontage should be limited to:
         (a)   One driveway where the parcel to be used has a maximum street frontage of 100 feet or less;
         (b)   Two driveways where the street frontage exceeds 100 feet; and
         (c)   Driveways used for ingress and egress shall be limited to 25 feet in width, exclusive of curb returns.
   (F)   Recreational fads. An application for a permit for recreational fads including trampoline centers, cart tracks, roller rinks, amusement parks and similar recreational activities not specifically covered by these regulations, shall be reviewed by the governing body as regulated in § 155.073.
   (G)   Recreational Vehicle (RV) parks.
      (1)   RV parks may be allowed with approval of the City Council as provided in § 155.073.
      (2)   RV parks will be inspected and licensed annually and a fee will be charged.
      (3)   An application for an RV park use permit shall be made as follows: application for a permit shall be made on a form provided by the city and submitted to the Zoning Administrator. Each application shall be accompanied by three copies of the plan drawn to scale. The application for a permit shall be accompanied by a minimum fee of in an amount as set by the City Council from time to time. The following information shall be shown on the application:
         (a)   Name and address of the applicant;
         (b)   Location and legal description of the proposed RV park;
         (c)   Plans and specifications of all buildings, improvements, facilities and spaces constructed or to be constructed within the RV park;
         (d)   Proposed use of buildings and spaces shown on the site;
         (e)   The location and size of all recreational vehicle spaces;
         (f)   Location of all points of entry and exit for motor vehicles and internal circulation pattern;
         (g)   The location of all screening and landscaping to be provided;
         (h)   The location of all outdoor lighting to be provided;
         (i)   Location of all walls and fences indicating height and materials of construction;
         (j)   Location of sewage dump station(s) and garbage receptacles;
         (k)   Preliminary approval of planned outdoor fireplace settings; and
         (l)   Such other architectural and engineering data as may be required to permit the city to determine if the provisions of this subchapter are being complied with.
      (4)   Such permit may be issued prior to construction or completion thereof provided that a time schedule for development shall be prepared, which shall demonstrate the applicant’s readiness and ability to provide the proposed services and all required improvements and facilities shall be installed within one year. Use permit will be subject to all remedies provided by § 155.073.
   (H)   Manufactured home subdivisions. The following development standards shall apply for all new manufactured home subdivisions, which shall be approved as a development permitted on review.
      (1)   Minimum area of manufactured home subdivision. Manufactured home subdivisions shall comply with manufactured home subdivision standards. No subdivision shall be allowed to open on less than two acres. Exception: existing mobile home parks shall be subject to the regulations in place prior to the adoption of this chapter and shall fall under § 155.005.
      (2)   Only manufactured homes shall be permitted, except for additions and accessory structures which may be constructed on-site.
      (3)   Minimum lot size: 6,000 square feet, exclusive of public street rights-of-way and private street easements.
      (4)   Street standards.
         (a)   Public streets shall meet minimum standards of the subdivision ordinance or, in the case of private streets, standards established by the City Council in the approval process.
         (b)   Cul-de-sac roads shall have a maximum length of 300 feet and a minimum turnaround of 40-foot radius.
         (c)   Be accessible at all times to fire department, ambulance, police, sanitation and utility vehicles.
      (5)   Street lighting. The developer shall furnish and install street lights in accordance with city requirements. On private streets, lights shall be operated and maintained by the developer.
      (6)   Fencing and screening: as required in § 155.045.
      (7)   Shade trees: the developer shall plant shade trees on the property. A minimum of one tree with a minimum trunk diameter of not less than one inch shall be planted on each manufactured home lot.
      (8)   Drainage and storm sewers, per Chapter 152.
      (9)   Water/sewer facilities, per Chapter 51.
      (10)   Utilities, per state and local requirements.
      (11)   Recreation areas. A park and recreation area shall be provided having a minimum of 150 square feet for each manufactured home site, consolidated into usable space.
      (12)   Storage sheds. Total square footage not to exceed 192 square feet, exclusive of attached or detached garages or carports.
      (13)   Lot width. Minimum 50 feet at the front building line. May be average of 50 feet if the lot abuts a street for a minimum of 30 feet.
      (14)   Perimeter setbacks.
         (a)   Twenty-five-foot perimeter setback from all public rights-of-way.
         (b)   Any perimeter yard abutting a residential district shall maintain a ten-foot setback.
         (c)   All perimeter setbacks shall be maintained and landscaped.
      (15)   Required setbacks from lot and property lines.
         (a)   Twenty-five feet from all road rights-of-way within the manufactured home subdivision.
         (b)   Rear yard. Twenty-five feet.
         (c)   Side yard. Ten feet.
         (d)   Accessory structures. Eight feet, side and rear
      (16)   As regulated in § 155.049.
      (17)   Storage space. The manufactured home subdivision shall provide a paved storage area for boats, campers, RVs and the like, for use only by tenants. The number of spaces within this area shall be equal to one space for every five manufactured homes sites. Each space shall be ten feet by 25 feet.
      (18)   Securing and skirting. All manufactured homes and accessory structures shall be securely anchored to the ground, at intervals approved by the Building Official. Manufactured homes, once in their permanent location upon the lot, shall be fully skirted within 45 days.
      (19)   Garages, carports and additions to manufactured homes.
         (a)   Building permits shall be required for all garages, carports and additions, which shall meet all setback requirements.
         (b)   No additions or structures erected shall have a height greater than the height of the manufactured home to which it is attached; and shall be supported by a foundation approved by the Building Official.
      (20)   Signs.
         (a)   The developer shall install, in accordance with standards of the city, all road and street name signs.
         (b)   Each manufactured home park shall be permitted to display, on each frontage, one identifying sign of maximum size of 25 square feet.
      (21)   A bond or other guarantee may be required by the City Council to assure completion of all requirements within this section.
      (22)   General provisions.
         (a)   Sidewalks from the paved driveway to the main entry of the manufactured home shall be a minimum of 36 inches in width.
         (b)   Each manufactured home shall have an address of three-inch high letters mounted on the side fronting the street.
         (c)   Each manufactured home space shall be clearly defined by permanent markers.
         (d)   Each manufactured home space shall be serviced by the public water and sewer system and shall be individually metered. Manufactured homes that cannot be connected to the public water and sewer system shall not be permitted.
         (e)   Manufactured homes shall not be used for commercial, industrial or other non-residential uses, except home occupations as defined in § 155.053, and permitted as a use permitted on review per § 155.073.
      (23)   Subdivision application requirements. The application shall be accompanied by three copies of the plot plan drawn to scale, and prepared by a licensed engineer or architect. The following information shall be shown:
         (a)   The name and address of the applicant;
         (b)   The location and legal description of the proposed manufactured home subdivision;
         (c)   Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the manufactured home subdivision;
         (d)   The proposed use of buildings shown on the site;
         (e)   The location and size of all manufactured home spaces;
         (f)   The location of all points of ingress and egress and internal traffic circulation pattern;
         (g)   A landscaping plan;
         (h)   The location of all lighting standards to be provided;
         (i)   The location of all walls and fences, the indication of their height, and the materials of their construction;
         (j)   Such other architectural and engineering data as may be required to permit the Zoning Administrator and the City Council to determine if the provisions of this chapter are being complied with; and
         (k)   An estimated timetable for project development.
(Prior Code, § 27-A-05) (Ord. 1156, passed 10- -2015; Ord. 1229, passed 4-6-2021; Ord. 1232, passed 7-6-2021)