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Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING
CHAPTER 151: HISTORIC PRESERVATION
CHAPTER 152: MANUFACTURED HOMES
CHAPTER 153: ANNEXATION POLICIES
CHAPTER 154: PLANNING
CHAPTER 155: SIGNS AND OUTDOOR ADVERTISING
CHAPTER 156: FLOODPLAIN MANAGEMENT
CHAPTER 157: SUBDIVISIONS
CHAPTER 158: 2006 JOINT ZONING REGULATIONS LINCOLN COUNTY AND SIOUX FALLS
CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING REGULATIONS
CHAPTER 160: ZONING
CHAPTER 161: SIOUX FALLS DOWNTOWN RAILYARD ENVIRONMENTAL OVERLAY DISTRICT
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 154.033 SUBDIVISION PLATS TO BE APPROVED AFTER MAJOR STREET PLAN ADOPTED; EXTRATERRITORIAL JURISDICTION OF CITY; REPORTS AND RECOMMENDATIONS BY PLANNING COMMISSION.
   From and after the time when the city council shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of making and adoption of a major street plan, and shall have filed a certified copy of the major street plan in the office of the register of deeds of the county, no plat of a subdivision of land lying within the city, or of land within the joint jurisdictional area and not located in any other municipality, shall be filed or recorded until it shall have been submitted to and a report and recommendations thereon made by the planning commission to the city council and the city council has approved the plat. This section shall be applicable to land within three miles of the city limits of the city and not located in any other municipality only if the comprehensive plan or major street plan includes that land. However, in the case of extra municipal land lying within three miles of more than one city, the jurisdiction of each municipality shall terminate at a boundary line equidistant from the respective corporate limits of the cities, unless otherwise agreed to by a majority vote of the governing body of each city. The plats shall, after report and recommendations of the planning commission are made and filed, be approved or disapproved by the city council. The planning commission shall make its recommendation to the city council within 60 days of submission.
(1957 Rev. Ords., § 2.918; 1992 Code, § 32-35) (Ord. 1992, passed 8-3-1959)
Cross-reference:
   Subdivisions, see ch. 157
§ 154.034 SUBDIVISION REGULATIONS; GENERALLY.
   In exercising the duties granted to it by this chapter, the planning commission shall recommend and the city council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in § 154.033. The regulations may provide for the harmonious development of the city and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the city; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-36) (Ord. 1992, passed 8-3-1959)
§ 154.035 SUBDIVISION REGULATIONS; SCOPE.
   (a)   Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of the subdivision. The regulations may provide for the tentative approval of the plat previous to the improvements and installation; but any tentative approval shall not be entered on the plat.
   (b)   The regulations may provide that, in lieu of the completion of the work and installations prior to the final approval of a plat, the city council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the city the actual construction and installation of the improvements and utilities within a period specified by the city council and expressed in the bond; and the city is hereby granted and has the power to enforce bonds by all appropriate legal and equitable remedies.
   (c)   The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the city is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-37) (Ord. 1992, passed 8-3-1959)
Cross-reference:
   Subdivisions, see ch. 157
§ 154.036 SUBDIVISION REGULATIONS; HEARING.
   Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-38) (Ord. 1992, passed 8-3-1959)
§ 154.037 APPROVAL OF PLATS.
   (a)   The plat shall be approved or disapproved within 90 days after submission thereof; otherwise the plat shall be deemed to have been approved and a certificate to that effect shall be issued by the city council on demand, provided, however, that the applicant for the approval may waive this requirement and consent to the extension of the period. The ground of disapproval of any plat shall be stated upon the records of the city council.
   (b)   Any plat submitted for approval shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the city council without affording a hearing thereon, notice of the time and place of which shall be sent by mail to the address not less than five days before the date fixed therefor.
(1957 Rev. Ords., § 2.920; 1992 Code, § 32-39) (Ord. 1992, passed 8-3-1959)
§ 154.038 IMPROVEMENTS IN UNAPPROVED STREETS.
   (a)   Approved plat required for street or utility work after attachment of platting jurisdiction. From and after the time when the platting jurisdiction of the city shall have attached by virtue of the adoption of a major street plan as provided in § 154.033, the city or other public authority shall not, except as provided by division (b) below, accept, lay out, open, improve, grade, pave or light any street or lay or authorize the laying of water mains, sewers, connections or other facilities or utilities in any street within the city unless the street shall have been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to the adoption of a comprehensive plan, or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council.
   (b)   Street construction specifically authorized by ordinance; vote required to overrule planning commission. The city council, or, in the case of a street outside of the city, the governing body of the outside territory, may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the planning commission, be passed by not less than two-thirds of the entire membership of the city council or the governing body; and a street approval by the planning commission upon the submission, or constructed or accepted by two-thirds vote after disapproval by the planning commission, shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the city council or on a plat made by the planning commission and adopted by the city council.
(1957 Rev. Ords., § 2.921; 1992 Code, § 32-40) (Ord. 1992, passed 8-3-1959)
Cross-reference:
    Streets and sidewalks, see ch. 96
§ 154.039 BUILDINGS PROHIBITED ON UNAPPROVED STREETS; ACTION TO ENJOIN ERECTION OR REMOVE BUILDING.
   From and after the time when the platting jurisdiction of the city shall have attached by reason of the adoption of a major street plan as provided in § 154.033, no building permit shall be issued for or no building shall be erected on any lot within the territorial jurisdiction of the planning commission and the city council as provided in § 154.033, unless the street giving access to the lot upon which the building is proposed to be placed shall be accepted as opened as, or shall have otherwise received the legal status of, a public street prior to that time, or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council or with a street located or accepted by the city council, or, in the case of territory outside of the city, by the governing body thereof, after submission to the planning commission, and, in case of the planning commission’s disapproval, by the favorable vote required in § 154.038(b). Any building erected in violation of this section shall be deemed an unlawful structure, and the city or city council may bring action to enjoin the erection or cause it to be vacated or removed.
(1957 Rev. Ords., § 2.922; 1992 Code, § 32-41) (Ord. 1992, passed 8-3-1959)
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