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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
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 158.334 PROHIBITED SIGNS.
   The following signs are prohibited.
   (a)   Parking of advertising vehicles prohibited. No person shall park any vehicle or trailer on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premises. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle.
   (b)   Nuisance signs. Signs which imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal shall be removed upon notice.
(1992 Code, App. F, § 17A.05) (Ord. 10-06, passed 1-23-2006) Penalty, see § 10.999
§ 158.335 MAINTENANCE AND REMOVAL.
   Every off-premises sign shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period, the county may remove that sign at the owner’s expense.
(1992 Code, App. F, § 17A.06) (Ord. 10-06, passed 1-23-2006)
NONCONFORMING AND NONSTANDARD USES
§ 158.350 PURPOSE AND INTENT.
   The purpose of this subchapter is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances under which they shall be permitted to continue.
(1992 Code, App. F, § 18.01) (Ord. 10-06, passed 1-23-2006)
§ 158.351 CONTINUATION OF NONCONFORMING USES.
   Subject to the provisions of this subchapter, the lawful use of a premises existing immediately prior to the effective date of this chapter may be continued although the use does not conform to the provisions hereof.
(1992 Code, App. F, § 18.02) (Ord. 10-06, passed 1-23-2006)
§ 158.352 USE BECOMING NONCONFORMING BY CHANGE IN LAW OR BOUNDARIES.
   Whenever the use of a premises becomes a nonconforming use through a change in zoning ordinance or district boundaries, that use may be continued, although the use does not conform to the provisions thereof.
(1992 Code, App. F, § 18.03) (Ord. 10-06, passed 1-23-2006)
§ 158.353 CHANGE IN NONCONFORMING USE.
   (a)   If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification. For the purposes of this chapter, each of the following classifications shall be considered to be “more restrictive” than those it precedes:
RC
Recreation/conservation
RR
Rural residential
RS-1
Residential
RS-2
Residential
RD
Residential
RA-1
Residential
C
Commercial
I-1
Light industrial
I-2
General industrial
 
   (b)   Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, the use shall not thereafter be changed to a less restrictive use.
(1992 Code, App. F, § 18.04) (Ord. 10-06, passed 1-23-2006)
§ 158.354 EXTENSION OR ENLARGEMENT.
   A nonconforming use shall not be enlarged, extended, converted, reconstructed or structurally altered unless the use is changed to a use permitted in the district in which the premises is located except that a conditional use permit may be authorized after the following criteria are given specific consideration:
   (a)   Effect on surrounding property values;
   (b)   The density of land use zoning for the subject and adjacent properties;
   (c)   The degree of hardship upon the applicant which would be caused by failure to grant the permit; and
   (d)   It can be demonstrated that it was the owner’s intent to use the entire premises for the use prior to the adoption, revision or amendment of this chapter.
(1992 Code, App. F, § 18.05) (Ord. 10-06, passed 1-23-2006)
§ 158.355 RESTORATION AFTER DAMAGE.
   (a)   When the use of a building is nonconforming as defined by this chapter and that building is damaged by a fire, explosion, act of God or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located.
   (b)   Exception: Single-family dwellings may be restored if damaged less than 100%.
(1992 Code, App. F, § 18.06) (Ord. 10-06, passed 1-23-2006)
§ 158.356 DISCONTINUANCE OF NONCONFORMING USE.
   In the event that a nonconforming use is discontinued for more than one year, any subsequent use shall thereafter be in conformity with the regulations of the district in which it is located.
(1992 Code, App. F, § 18.07) (Ord. 10-06, passed 1-23-2006)
§ 158.357 EFFECT ON USE WHICH IS ILLEGAL UNDER PRIOR LAW.
   Nothing in this subchapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this subchapter.
(1992 Code, App. F, § 18.08) (Ord. 10-06, passed 1-23-2006)
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