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(a) Major amendments. The following changes in an initial and/or final development plan are considered major amendments:
(1) Any change in the proposed land uses;
(2) Any major change in the street pattern;
(3) An increase in density above that provided for in division (b)(5) below;
(4) Any major change in proposed landscaping; and
(5) Any major change in signage.
(b) Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:
(1) Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);
(2) Major decrease in density;
(3) Any decrease in the size of required open areas;
(4) A minor change in the street pattern;
(5) Any increase in density of a subarea:
A. Less than 25% for a subarea with less than eight units;
B. Less than 15% for a subarea with between nine and 20 units; and
C. Less than 8% for a subarea with 21 units or more.
(6) Any change in the number of parking spaces;
(7) Any minor change in proposed landscaping; and
(8) Any minor change in signage.
(c) Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:
(1) Any adjustment of a building within a previously established building envelope;
(2) A minor reduction in density;
(3) Any minimal change in landscaping; and
(4) Any minimal change in signage.
(1992 Code, App. F, § 13.05) (Ord. 10-06, passed 1-23-2006)
WS WATER SOURCE PROTECTION OVERLAY DISTRICT
(a) This district is intended to preserve the quality and quantity of the area’s water resources so as to ensure a safe and adequate supply of drinking water for present and future generations. Restrictions shall apply to land use activities which have the potential to contaminate water resources, including aquifers and wellhead sites currently in use and those having the potential for future use as a public water supply.
(b) The purpose of these regulations is to prohibit certain uses which pose the greatest threat to groundwater contamination and to impose reasonable and adequate safeguards on other uses which exhibit a potential to contaminate the groundwater.
(c) The water source protection overlay district is an overlay whose boundaries are superimposed on all districts established by this chapter. It is not intended that these regulations interfere with, abrogate, or annul any other rules or regulations of this chapter, except that if the water source protection overlay district imposes a greater restriction than the underlying zoning district regulations, they shall control.
(d) Additional regulations governing land use within water source protection areas may be found within the special flood hazard area ordinance adopted by the Lincoln County Commission.
(1992 Code, App. F, § 14.01) (Ord. 10-06, passed 1-23-2006)
The boundaries of the water source protection overlay district are shown upon the maps which have been made a part hereof by reference. The maps shall be signed by the chairperson of the board of county commissioners and the Sioux Falls mayor and filed with the Lincoln County auditor and Sioux Falls city clerk. The maps shall have the same force and effect as if they were all fully set forth herein.
(1992 Code, App. F, § 14.02) (Ord. 10-06, passed 1-23-2006)
A conditional use permit shall be required for any use which involves the storage and/or use of a regulated substance as defined by this chapter. All available practical methods of preventing and controlling the contamination of groundwater from waste and other contaminants shall be employed.
(1992 Code, App. F, § 14.03) (Ord. 10-06, passed 1-23-2006)
The following standards shall apply to uses in the water source protection overlay district:
(a) Tanks used for the storage of a regulated substance shall be governed as follows:
(1) A zoning permit shall be issued by the county planning department prior to placement or installation of any tank described below;
(2) All metallic tanks installed underground must be of double-wall construction and cathodically protected;
(3) All nonmetallic tanks installed underground must be of double-wall construction;
(4) All underground tanks must be equipped with a continuous leak detection system capable of immediately detecting a leak and giving audible and visible alarms;
(5) All underground tanks and all aboveground stationary tanks must be equipped with overfill protection devices. These devices must alert the transfer operator that the tank is 90% full or automatically shut off flow to the tank when the tank is no more than 95% full. All tanks must be equipped with an impervious spill containment basin;
(6) All fluid handling piping shall be of double-walled construction and shall include double-wall containment at the tank and to grade under any dispensing device;
(7) Piping on pressure systems shall be equipped with leak detection devices that will promptly notify the operator of a problem in the system in one or more of the following manners:
A. Give an audible and visible warning through the tank alarm panel; and
B. Completely stop the flow of the material to the dispenser.
(8) Secondary containment shall be provided around and under all aboveground stationary tanks and consist of native soils, clays, bentonites or artificially constructed material equivalent to 60 mil high density polyethylene or greater. An impermeability of at least ten (-6) centimeter/second is required to permit containment and detection of a release. Secondary containment must be constructed and maintained to meet impermeability requirements for the operational life of the tank(s). Secondary containment must be capable of containing 110% of the volume of the largest tank;
(9) Storage of petroleum products in stationary aboveground tanks as part of an agricultural activity shall be governed as follows:
A. A tank with a capacity of 55 gallons or less shall be exempt from these standards; and
B. A tank with a capacity in excess of 55 gallons or a series of tanks with a total capacity exceeding 100 gallons shall provide secondary containment as set forth in division (a)(8) above.
(10) Propane tanks shall be exempt from these standards.
(b) Sewer lines must be of PVC material and the joints must be sealed; and
(c) When pastured animals are confined for winter feeding and the number exceeds 200 animal units, measures shall be employed to contain all wastes on site. Winter feeding of pastured animals shall not constitute a concentrated animal feeding operation.
(1992 Code, App. F, § 14.04) (Ord. 10-06, passed 1-23-2006)
The following uses shall not be allowed in the water source protection overlay district:
(a) Sanitary landfill, solid waste transfer facility;
(b) Waste disposal except the spreading of solid and liquid animal waste;
(c) Sewage disposal pond except when in conjunction with a concentrated animal feeding operation which is a nonconforming use. In this case, a conditional use permit shall be required for the disposal pond;
(d) Disposal of radioactive waste;
(e) Disposal of snow containing de-icing chemicals;
(f) Concentrated animal feeding operation;
(g) Injection well (class V well);
(h) Petroleum products terminal;
(i) Junk or salvage yard;
(j) Manufacture of a regulated substance;
(k) Unenclosed storage of road salt;
(l) Cemetery;
(m) Crematories; and
(n) Mortuary services.
(1992 Code, App. F, § 14.05) (Ord. 10-06, passed 1-23-2006)
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