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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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§ 158.275 MOBILE HOMES/ MANUFACTURED HOMES.
   Regulations regarding mobile homes and manufactured homes shall be as follows.
   (a)   A park intended for the placement of mobile homes and manufactured homes on rented lots and where the roads are not publicly dedicated shall meet the following minimum standards:
      (1)   A plan shall be prepared showing the layout of the park, including lot lines and road system. Upon approval of the conditional use permit for the park, the plan shall be filed in the county planning department and govern all future development;
      (2)   Each lot shall have a minimum size required for the zoning district in which the park is located. However, a smaller lot size may be approved as part of the conditional use permit;
      (3)   No dwelling or any structure, addition or appurtenance thereto shall be located less than the minimum setback required by the district in which the park is located. The setback requirements may be changed as part of the approval of the conditional use permit;
      (4)   Each lot shall abut or face a clear unoccupied space, roadway or street having a width of at least 34 feet where parking is permitted on both sides, 27 feet in width where parking is restricted to one side only and 24 feet wide where parking is prohibited, or be connected to the street or roadway by a private driveway not less than 12 feet in width, serving no more than four lots. A hard surfaced material shall be used on all roadways except in the RR district, in which case gravel may be used; and
      (5)   The park shall be a minimum of ten acres in size.
   (b)   A subdivision for manufactured homes shall be required to meet the subdivision regulations and the density, area and yard requirements for the district in which it is located. The subdivision shall be a minimum of ten acres in size.
   (c)   A conditional use application for a manufactured home, when located outside a park or subdivision, will be judged on the compatibility of the structure compared to neighboring dwelling units, including, but not limited to, width; length; area; number of stories; siding and roofing materials; roof style and pitch; and condition. In no instance shall the minimum width of the structure, exclusive of overhangs, be less than 22 feet.
   (d)   Manufactured homes and mobile homes existing prior to the effective date of adoption of these regulations may be replaced with another structure by making application for a conditional use permit. The compatibility of the replacement dwelling with neighboring dwellings shall be considered in reviewing the conditional use request.
   (e)   A mobile home or manufactured home may be located on land owned by the residents during the construction of a dwelling thereon, and must be removed upon completion of the dwelling or after one year, whichever occurs first.
   (f)   All mobile homes and manufactured homes as defined in § 158.471 must be located in conformance with these requirements.
(1992 Code, App. F, § 15.06) (Ord. 10-06, passed 1-23-2006)
§ 158.276 ACCESSORY BUILDING AND USES.
   The regulations regarding accessory buildings and uses shall be as follows.
   (a)   Limited use. Accessory buildings and uses are buildings and uses customarily incident to any of the permitted uses in the district in which it is located. In the A-1, RR, RS, RD and RA districts, accessory buildings and uses are limited to:
      (1)   A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building;
      (2)   A private residential structure used only for the storage of noncommercial vehicles and other related material;
      (3)   Tennis court, swimming pool, garden house, pergola, ornamental gate, barbeque oven, fireplace and similar uses customarily accessory to residential uses;
      (4)   Home occupation in conformance with § 158.273; and
      (5)   Temporary storage and distribution of seed and similar type products provided the use is located within a farmstead, the product is stored within a completely enclosed building typical of farm buildings and the use is limited to the seasonal sale of products from the premises.
   (b)   Time of construction. No accessory buildings shall be constructed upon a lot until the construction of a main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used.
   (c)   Setback requirements.
      (1)   Accessory buildings which are attached to or located within ten feet of the main building shall be considered a part of the main building and shall comply with the same yard requirements as the main building.
      (2)   Accessory buildings not a part of the main building, when located in the required rear yard, shall be no closer than three feet to the side and rear property lines.
   (d)   Location of accessory buildings. Accessory buildings shall not occupy more than 30% of the rear yard, subject further to the following limitations:
      (1)   In the A-1 and RC districts, the total area of accessory buildings shall not exceed 1,200 square feet when the buildings are located in a subdivision of more than four lots unless a conditional use permit has been approved;
      (2)   In all residential districts, the total area of accessory buildings shall not exceed 1,200 square feet unless a conditional use permit has been approved; and
      (3)   In a planned development district, the total area of accessory buildings shall not exceed 1,200 square feet unless a minor amendment has been approved.
   (e)   Family day care. Family day care.
(1992 Code, App. F, § 15.07) (Ord. 10-06, passed 1-23-2006)
§ 158.277 ADDITIONAL YARD REGULATIONS.
   (a)   Number of main buildings on tract. No more than one main building shall be located on a tract or lot when used for residential purposes. When a tract or lot is used for commercial purposes, more than one main building may be located on the tract or lot provided the buildings conform to all yard requirements around the lot for the district in which the tract or lot is located.
   (b)   Adjustments to front yard requirements. Where, on the effective date of these regulations, 40% or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:
      (1)   Where the building furthermost from the street provides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards;
      (2)   Where this division (b)(1) above is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings; and
      (3)   Where neither division (b)(1) nor (b)(2) above is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.
   (c)   Adjustment to side yard requirements. Buildings with side yard setbacks less than required by this chapter, may have additions erected in line with the existing building and provided further that the addition will be erected no closer to the lot line then the existing building.
   (d)   Projections from buildings. Every part of any required yard shall be open to the sky and unobstructed except:
      (1)   Eaves may project into a front or rear yard 36 inches, exclusive of gutters;
      (2)   Eaves may project into a side yard 24 inches, exclusive of gutters;
      (3)   Ordinary projection of sills, belt courses, cornices, vertical solar screen and ornamental features which may project 12 inches;
      (4)   Air conditioners, not to exceed five-ton unit or parts thereof, may project into a required side yard, provided that the projections shall be distant at least three feet from the adjacent lot line and shall not extend more than three feet from the building. The air conditioners may project into a required front yard, but shall not extend more than three feet from the building, and the air conditioner may extend into one side of a corner lot; and
      (5)   Solar collectors which are a part of the main building may extend into a required rear yard for a distance not to exceed ten feet.
   (e)   Porches and terraces in front yards.
      (1)   An open, unenclosed porch may project into a required front yard for a distance not exceeding ten feet. Balconies and paved terraces may project into a required front yard for a distance not exceeding six feet.
      (2)   An enclosed vestibule containing not more than 40 square feet may project into a required front yard for a distance not to exceed four feet.
   (f)   Projection of terraces, porches, platforms and ornamental features. Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required side or rear yard, provided these projections be distanced at least three feet from the adjacent side lot line.
(1992 Code, App. F, § 15.08) (Ord. 10-06, passed 1-23-2006)
§ 158.278 ADDITIONAL HEIGHT REGULATIONS.
   Exceptions. The height regulations established in these regulations shall not be applied to:
   (a)   Flag poles, domestic television antennas, church spires, chimneys or water towers, except when these structures shall be located in the airport approach zones;
   (b)   Mechanical appurtenances and elevator penthouses which are located on top of a building shall not exceed 12 feet in height above the maximum permitted in the district in which they are located;
   (c)   The maximum height for telecommunications towers and wireless communications facilities shall not exceed 100 feet for single users or 200 feet for two or more users. When the structure is located in an airport approach zone, Federal Aviation Administration approval will be required prior to permit issuance; and
   (d)   Broadcast towers are exempt from the maximum height restrictions of this chapter.
(1992 Code, App. F, § 15.09) (Ord. 10-06, passed 1-23-2006)
§ 158.279 AIRPORT APPROACH ZONES.
   (a)   Approach zone.
      (1)   Within the air space above the approach zone to each end of a runway designed to be used for instrument landings, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to 50 (horizontal) projected from a point 200 feet beyond the end of a runway for a distance of 10,000 feet, the plane to be in the shape of symmetrical trapezoid 1,000 feet in width at its lowest point and 4,000 feet in width at its highest point; combined with a second plane with a slope of one (vertical) to 40 (horizontal) extending from the upper edge of the first plane for an additional distance of 40,000 feet, the plane to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point.
      (2)   Within the air space above the approach zone to each end of a runway not designed to be used for instrument landings, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 40 (horizontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, the plane to be a symmetrical trapezoid (*) feet wide at its lowest point and (*) feet wide at its highest point.
   (b)   Transition zones. Within the established transition zones adjacent to each instrument and non-instrument runway and approach zone, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to seven (horizontal). Transition zones extend outward and upward from a line (*) feet on either side of the center line of non-instrument runways for the length of the runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and non-instrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intercept to the surfaces of the horizontal and conical zones.
   (c)   Conical zone.
      (1)   Within (*) feet from the established airport reference point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zones.
      (2)   Within the conical zone, which commences at the periphery of the horizontal zone and extends outward there from a distance of (*) feet, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 20 (horizontal).
      (3)   Exception: Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 20 feet above the surface of the land.
*   The applicable distance in feet (referenced in this section) must be based on runway length as set forth in § 77.27 of Part 77 of the Federal Aviation Regulations.
(1992 Code, App. F, § 15.10) (Ord. 10-06, passed 1-23-2006)
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