§ 158.240 PLANNED DEVELOPMENT DISTRICTS.

   Those approved development areas within the PD planned development district shall be assigned a sequential section number following this section, in accordance with the date of approval.

(1992 Code, App. F, § 13.06) (Ord. 10-06, passed 1-23-2006)

WS WATER SOURCE PROTECTION OVERLAY DISTRICT

§ 158.255 INTENT.

   (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)

§ 158.256 BOUNDARIES OF DISTRICT.

   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)

§ 158.257 CONDITIONAL USES.

   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)

§ 158.258 STANDARDS.

   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)

§ 158.259 PROHIBITED USES.

   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)

ADDITIONAL USE REGULATIONS

§ 158.270 FENCES.

   Regulations regarding fences shall be as follows.

   (a)   Fences up to four feet in height may be located on any part of the lot except that a fence may not be more than 30% solid if located within 30 feet of a street intersection, measuring along the property line.

   (b)   Fences up to six feet in height may be erected on those parts of a lot that are as far back or farther back from the street than the main building.

   (c)   Exceptions.

      (1)   Fences up to six feet in height may be placed in the side-street-side front yard where:

         A.   The side-street-side front yard abuts an arterial street shown on the major street plan;

         B.   The side-street-side front yard is not adjacent to a side yard;

         C.   The fence is located no closer to the front yard than the rear wall of the main building; and

         D.   No driveways exit on to the arterial street.

      (2)   In the C, I-1 and I-2 zoning districts, fences not more than eight feet in height may be located on any part of a lot other than the required front yard except when the lot is adjacent to a residential district.

(1992 Code, App. F, § 15.01) (Ord. 10-06, passed 1-23-2006)