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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)
ADDITIONAL USE REGULATIONS
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)
(a) In the development and execution of these regulations, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(b) None of the following permitted uses may be established, operated or maintained within 1,000 feet of a residential district, a church, a school meeting all the requirements of the Compulsory Education Laws of the state, or a public park:
(1) Adult bookstore;
(2) Adult theater;
(3) Adult photo studio;
(4) Any use which has as a part of its operation adult entertainment or amusement including, but not limited to, a restaurant or eating place, a bar, lounge or tavern; and
(5) Any use intended to provide adult amusement or entertainment.
(c) Not more than two of the following permitted uses may be established, operated or maintained within 1,000 feet of each other:
(1) Adult bookstore;
(2) Adult theater;
(3) Adult photo studio;
(4) Any use which has as a part of its operation adult entertainment or amusement including, but not limited to, a restaurant or eating place, a bar, lounge or tavern;
(5) Any use intended to provide adult amusement or entertainment;
(6) A bar; and
(7) A liquor store.
(d) The 1,000-foot restriction provided for in division (c) above may be waived and a conditional use permit issued upon proper application if the county and city find:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these regulations will be observed;
(2) The proposed use will not enlarge or encourage the development of a “skid row” area; and
(3) All applicable regulations will be observed.
(1992 Code, App. F, § 15.02) (Ord. 10-06, passed 1-23-2006)
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