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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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§ 159.020 VACATION OF STREETS AND ROADS.
   Whenever any street, road or other public way is vacated, the zoning district adjoining each side of the street, road or other public way is extended to the center of the vacation; and all area included in the vacation shall then an henceforth be subject to the appropriate regulations of the extended districts.
(1992 Code, App. C, § 2.06) (Ord. 20-02, passed 3-18-2002)
§ 159.021 CLASSIFICATION OF LAND COMING WITHIN THE JOINT ZONING JURISDICTION.
   In all territories which may hereafter come within the joint zoning jurisdiction, the zoning districts as they exist in the zoning ordinance for Minnehaha County shall be continued unless otherwise changed by ordinance.
(1992 Code, App. C, § 2.07) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003)
A-1 AGRICULTURAL DISTRICT
§ 159.035 INTENT.
   It shall be the intent of this district to provide for a vigorous agricultural industry by preserving for agricultural production those prime agricultural lands beyond the area of planned urban development. It is recognized that because of the nature of both agricultural activities and residential subdivisions, that these two uses are generally poor neighbors and therefore the concentration of housing in the A-1 agricultural district shall be discouraged.
(1992 Code, App. C, § 3.01) (Ord. 20-02, passed 3-18-2002)
§ 159.036 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the A-1 agricultural district:
   (a)   Agriculture. A building for the storage of agricultural equipment or products shall be allowed provided the following conditions have been met:
      (1)   The parcel(s) consists of not less than 40 acres of unplatted land; and
      (2)   The property’s principal use is devoted to agriculture.
   (b)   A single-family dwelling if the following provisions for building eligibility are met. Each quarter-quarter section shall have one building eligibility when all the following conditions are met:
      (1)   There are no other dwellings on the quarter-quarter section;
      (2)   The building site shall be a minimum of one acre;
      (3)   Approval has been granted by the appropriate governing entity for access onto a public road; and
      (4)   The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
   (c)   Historical sites;
   (d)   Church;
   (e)   Neighborhood utilities; and
   (f)   Antenna support structure.
(1992 Code, App. C, § 3.02) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 134-06, passed 10-16-2006)
§ 159.037 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the A-1 agricultural district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   A building eligibility may be used within a farmstead provided:
      (1)   The building eligibility exists on property contiguous to and under the same ownership as the farmstead;
      (2)   There will be no more than two dwellings within the farmstead; and
      (3)   The residential structure may be a single-family dwelling, manufactured home or mobile home.
   (b)   Cemetery, subject to, the cemetery shall contain an area of 20 acres or more or be an expansion of an existing cemetery;
   (c)   Pet cemetery, subject to, a minimum area of two acres;
   (d)   Wind energy conversion system in conformance with § 159.287;
   (e)   Off-premises signs in conformance with §§ 159.350 through 159.355;
   (f)   Greenhouses and nurseries provided there is no retail sale of products conducted on the premises;
   (g)   A single-family dwelling located on a lot of record in accordance with the following:
      (1)   A lot of record consisting of less than 80 acres and containing no other dwellings shall have one building eligibility;
      (2)   A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:
         A.   The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent building eligibility; and
         B.   If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use permit.
      (3)   Approval must be granted by the appropriate governing entity for access onto the public road; and
      (4)   Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.
   (h)   Telecommunications tower, subject to:
      (1)   A minimum distance of 300 feet from the telecommunications tower to any residential zoning district, existing residential use except a farmstead, or future residential area designated on the adopted land use plan, measured from the base of the telecommunications tower to the property line;
      (2)   A minimum distance of one-half mile between telecommunications towers measured from the base of one telecommunications tower to the base of another; and
      (3)   Stealth design approved by the county planning director.
(1992 Code, App. C, § 3.03) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004)
§ 159.038 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the A-1 agricultural district if a conditional use permit has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Rock, sand and gravel extraction in conformance with § 159.297;
   (b)   Mineral exploration in conformance with § 159.289;
   (c)   Airport/heliport;
   (d)   A single-family dwelling on a parcel which is not a lot of record provided:
      (1)   The deed to the land or the agreement to convey the parcel was recorded with the register of deeds prior to September 27, 1988;
      (2)   There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:
         A.   The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility; and
         B.   Each building site shall consist of a minimum of one acre.
      (3)   The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development;
      (4)   The soil conditions are acceptable for a building site; and
      (5)   Approval has been granted by the appropriate governing entity for access onto a public road.
   (e)   Group day care;
   (f)   Private campground;
   (g)   Garden center;
   (h)   Kennel;
   (i)   Stable;
   (j)   Produce stand exceeding 400 square feet in area;
   (k)   Fireworks sales provided the length of sales does not exceed nine days;
   (l)   Golf course, golf driving range;
   (m)   Recreation facility;
   (n)   Trap shoot, rifle range, pistol range;
   (o)   Sanitary landfill, solid waste transfer station, rubble dump, commercial compost site;
   (p)   Livestock sales barn;
   (q)   Concentrated animal feeding operation;
   (r)   Electrical substation;
   (s)   Public utility facility;
   (t)   Agriculturally related operations involving the handling, storage and shipping of farm products;
   (u)   The transfer of building eligibility from one parcel to another parcel when all the following conditions are met:
      (1)   The transfer of building eligibility shall occur only between contiguous parcels under the same ownership;
      (2)   Suitability as a building site based on the following factors:
         A.   Agricultural productivity of the soil;
         B.   Soil limitations; and
         C.   Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.
      (3)   The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant;
      (4)   The parcel from which the eligibility is transferred shall continue as agricultural land or remain in its present use; and
      (5)   Approval has been granted by the appropriate governing entity for access onto a public road.
   (v)   Public facility owned and operated by a governmental entity;
   (w)   Bed and breakfast establishment;
   (x)   Broadcast tower;
   (y)   Farmer’s market;
   (z)   Solar energy conversion system; and
   (aa)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 3.04) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 76-09, passed 8-17-2009; Ord. 37-14, passed 6-24-2014; Ord. 98-23, passed 10-24-2023)
§ 159.039 ACCESSORY USES.
   Accessory uses and buildings permitted in the A-1 agricultural district are buildings and uses customarily incident to any permitted use in the district.
(1992 Code, App. C, § 3.05) (Ord. 20-02, passed 3-18-2002)
§ 159.040 PARKING REGULATIONS.
   All parking within the A-1 agricultural district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 3.06) (Ord. 20-02, passed 3-18-2002)
§ 159.041 SIGN REGULATIONS.
   Signs within the A-1 agricultural district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 3.07) (Ord. 20-02, passed 3-18-2002)
§ 159.042 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the A-1 agricultural district shall be as follows.
   (a)   General requirements.
Front yard
30 ft.**
Lot area
1 acre*
Lot width
125 ft.
Maximum height
35 ft.***
Rear yard
30 ft.
Side yard
7 ft.
*   Unless a larger lot size is required by the granting of a conditional use permit.
**   The front yard on a major arterial street or section line road shall be 50 feet.
***   There shall be no height limit for accessory farm structures or wind energy conversion systems except in the airport approach zone.
 
   (b)   There shall be a required front yard on each street of a double frontage lot.
   (c)   If a lot of record has less area or width than herein required and its boundary lines along the entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, the parcel of land may be used for any use permitted in this district.
   (d)   Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. C, § 3.08) (Ord. 20-02, passed 3-18-2002)
RR RURAL RESIDENTIAL DISTRICT
§ 159.055 INTENT.
   This district is intended to protect a vigorous agricultural industry by limiting the areas in which the RR rural residential district can be used. The RR rural residential district, where permitted, shall generally be located where provisions can be made to adequately handle sewage disposal, where the value of the land for agricultural use is marginal, and where the water supply, roads and emergency services are easily and economically available.
(1992 Code, App. C, § 4.01) (Ord. 20-02, passed 3-18-2002)
§ 159.056 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the RR rural residential district:
   (a)   Single-family dwelling;
   (b)   Public facility owned or operated by a governmental agency; and
   (c)   Neighborhood utilities.
(1992 Code, App. C, § 4.02) (Ord. 20-02, passed 3-18-2002)
§ 159.057 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the RR rural residential district in conformance with the conditions prescribed therein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Church, subject to, the building being adjacent to an arterial street or section line road.
   (b)   Elementary and high school, subject to:
      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and
      (2)   The main building shall be set back 25 feet from the side lot line.
   (c)   Private park, playground or swimming pool; and
   (d)   Antenna support structure, subject to, stealth design approved by the county planning director.
(1992 Code, App. C, § 4.03) (Ord. 20-02, passed 3-18-2002)
§ 159.058 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the RR rural residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Mobile home/manufactured home subdivision in conformance with § 159.290;
   (b)   Mobile home/manufactured home park in conformance with § 159.290;
   (c)   Group day care;
   (d)   Group home;
   (e)   Nursing home;
   (f)   Cemetery;
   (g)   Kennel;
   (h)   Stabling of horses provided they are owned by the resident of the property and not used as a commercial operation on the property;
   (i)   Golf course, except miniature course and driving range;
   (j)   Wind energy conversion system in conformance with the requirements of § 159.287;
   (k)   Electrical substation;
   (l)   Public utility facility;
   (m)   Day care center;
   (n)   Keeping fowl, provided the maximum number not exceed six fowl with no roosters; and
   (o)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 4.04) (Ord. 20-02, passed 3-18-2002; Ord. 12-14, passed 1-28-14; Ord. 98- 23, passed 10-24-2023)
§ 159.059 ACCESSORY USES.
   Accessory uses and buildings permitted in the RR rural residential district are buildings and uses customarily incident to any of the permitted uses in the district.
(1992 Code, App. C, § 4.05) (Ord. 20-02, passed 3-18-2002)
§ 159.060 PARKING REGULATIONS.
   All parking within the RR rural residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 4.06) (Ord. 20-02, passed 3-18-2002)
§ 159.061 SIGN REGULATIONS.
   Signs within the RR rural residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 4.07) (Ord. 20-02, passed 3-18-2002)
§ 159.062 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the RR rural residential district shall be as follows.
   (a)   General requirements.
All Uses
All Uses
Density
1 acre*
Front yard
30 ft.**
Lot area
1 acre*
Lot width
125 ft.
Maximum height
35 ft.
Rear yard
30 ft.
Side yard
7 ft.
*   Where a central sanitary sewer is available, the required lot area may be reduced to 20,000 square feet.
**   The front yard on all major arterial streets or section line roads shall be 50 feet.
 
   (b)   There shall be a required front yard on each street of a double frontage lot.
   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. C, § 4.08) (Ord. 20-02, passed 3-18-2002)
RS-1 RESIDENTIAL DISTRICT
§ 159.075 INTENT.
   This district is intended to provide for areas of residential use with a gross density of generally five dwelling units per acre or less. The district permits single-family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as, or planned for, single-family neighborhoods. A central sanitary sewer system must be available to serve these developments.
(1992 Code, App. C, § 5.01) (Ord. 20-02, passed 3-18-2002)
§ 159.076 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the RS-1 residential district:
   (a)   Single-family dwelling; and
   (b)   Neighborhood utilities.
(1992 Code, App. C, § 5.02) (Ord. 20-02, passed 3-18-2002)
§ 159.077 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the RS-1 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Churches:
      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and
      (2)   The main building shall be set back 25 feet from the side lot line.
   (b)   Elementary and high schools:
      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and
      (2)   The main building shall be set back 25 feet from the side lot line.
   (c)   Antenna support structure, subject to, stealth design approved by the county planning director.
(1992 Code, App. C, § 5.03) (Ord. 20-02, passed 3-18-2002)
§ 159.078 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the RS-1 residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Group day care;
   (b)   Private lake;
   (c)   Group home;
   (d)   Nursing home;
   (e)   Convent and monastery;
   (f)   Electrical substation;
   (g)   Public utility facility;
   (h)   Day care center; and
   (i)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 5.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023)
§ 159.079 ACCESSORY USES.
   Accessory uses and buildings permitted in the RS-1 residential district are buildings and uses customarily incident to any of the permitted uses in the district.
(1992 Code, App. C, § 5.05) (Ord. 20-02, passed 3-18-2002)
§ 159.080 PARKING REGULATIONS.
   Parking within the RS-1 residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 5.06) (Ord. 20-02, passed 3-18-2002)
§ 159.081 SIGN REGULATIONS.
   Signs within the RS-1 residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 5.07) (Ord. 20-02, passed 3-18-2002)
§ 159.082 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the RS-1 residential district shall be as follows.
   (a)   General requirements.
All Uses
Corner Lots
All Uses
Corner Lots
Density
7,500 sq. ft.
8,500 sq. ft.
Front yard
30 ft.
30 ft.*
Lot area
7,500 sq. ft.
8,500 sq. ft.
Lot width
60 ft.
85 ft.
Maximum height
35 ft.
35 ft.
Rear yard
30 ft.
15 ft.
Side yard
7 ft.**
7 ft.**
*   The front yard along the side street side of a corner lot may be reduced to 25 feet.
**   The side yard will be required to be increased to ten feet when the building is three stories in height or more.
 
   (b)   There shall be a required front yard on each street of a double frontage lot.
   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. C, § 5.08) (Ord. 20-02, passed 3-18-2002)
RS-2 RESIDENTIAL DISTRICT
§ 159.095 INTENT.
   This district is intended to provide for areas of residential use with a gross density of generally five to seven dwelling units per acre. The district permits single-family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as or planned for single-family neighborhoods. Central sanitary sewer system must be available to serve these developments.
(1992 Code, App. C, § 6.01) (Ord. 20-02, passed 3-18-2002)
§ 159.096 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the RS-2 residential district:
   (a)   Single-family dwelling; and
   (b)   Neighborhood utilities.
(1992 Code, App. C, § 6.02) (Ord. 20-02, passed 3-18-2002)
§ 159.097 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the RS-2 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Churches:
      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and
      (2)   The main building line shall be set back 25 feet from the side lot lines.
   (b)   Elementary and high schools:
      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and
      (2)   The main building shall be set back 25 feet from the side lot lines.
   (c)   Antenna support structure, subject to, stealth design approved by the county planning director.
(1992 Code, App. C, § 6.03) (Ord. 20-02, passed 3-18-2002)
§ 159.098 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the RS-2 residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Group day care;
   (b)   Private lake;
   (c)   Two-family dwelling;
   (d)   Group home;
   (e)   Nursing home;
   (f)   Convent and monastery;
   (g)   Electrical substation;
   (h)   Public utility facility; and
   (i)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 6.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023)
§ 159.099 ACCESSORY USES.
   Accessory uses and buildings permitted in the RS-2 residential district are buildings and uses customarily incident to any of the permitted uses in the district.
(1992 Code, App. C, § 6.05) (Ord. 20-02, passed 3-18-2002)
§ 159.100 PARKING REGULATIONS.
   Parking within the RS-2 residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 6.06) (Ord. 20-02, passed 3-18-2002)
§ 159.101 SIGN REGULATIONS.
   Signs within the RS-2 residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 6.07) (Ord. 20-02, passed 3-18-2002)
§ 159.102 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the RS-2 residential district shall be as follows.
   (a)   General requirements.
All Uses Except Duplexes
Duplexes
Corner Lots
All Uses Except Duplexes
Duplexes
Corner Lots
Density
5,500 sq. ft.
4,350 sq. ft.
6,000 sq. ft.
Front yard
25 ft.
25 ft.
25 ft.*
Lot area
5,500 sq. ft.
8,700 sq. ft.
6,000 sq. ft.
Lot width
50 ft.
60 ft.
60 ft.
Maximum height
35 ft.
35 ft.
35 ft.
Rear yard
25 ft.
25 ft.
15 ft.
Side yard
5 ft.**
5 ft.**
5 ft. **
*   The front yard along the side street side of a corner lot may be reduced to 20 feet.
**   The side yard will be required to be increased to ten feet when the building is three stories in height or more.
 
   (b)   There shall be a required front yard on each street of a double frontage lot.
   (c)   Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. C, § 6.08) (Ord. 20-02, passed 3-18-2002)
RD RESIDENTIAL DISTRICT
§ 159.115 INTENT.
   This district is intended to provide for both developing and redeveloping areas of moderate residential density between six and 14 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses, plus support facilities such as schools, parks, community buildings and churches. A central sanitary sewer system must be available to serve these developments.
(1992 Code, App. C, § 7.01) (Ord. 20-02, passed 3-18-2002)
§ 159.116 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the RD residential district:
   (a)   Single-family dwelling;
   (b)   Two-family dwelling; and
   (c)   Neighborhood utilities.
(1992 Code, App. C, § 7.02) (Ord. 20-02, passed 3-18-2002)
§ 159.117 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the RD residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Churches:
      (1)   One of the principle frontages of the premises shall abut on an arterial or collector street; and
      (2)   The main building shall be set back 25 feet from the side lot lines.
   (b)   Elementary and high schools:
      (1)   One of the principle frontages of the premises shall abut on an arterial or collector street; and
      (2)   The main building shall be set back 25 feet from the side lot lines.
   (c)   Antenna support structure, subject to, stealth design approved by the county planning director.
(1992 Code, App. C, § 7.03) (Ord. 20-02, passed 3-18-2002)
§ 159.118 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the RD residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Three- and four-family dwellings;
   (b)   Up to and including four single-family attached units in any one structure;
   (c)   Nursing home;
   (d)   Group day care;
   (e)   Group home;
   (f)   Convent and monastery;
   (g)   Private lake;
   (h)   Electrical substation;
   (i)   Public utility facility; and
   (j)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 7.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023)
§ 159.119 ACCESSORY USES.
   Accessory uses and buildings permitted in the RD residential district are buildings and uses customarily incident to any permitted use in the district.
(1992 Code, App. C, § 7.05) (Ord. 20-02, passed 3-18-2002)
§ 159.120 PARKING REGULATIONS.
   Parking within the RD residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 7.06) (Ord. 20-02, passed 3-18-2002)
§ 159.121 SIGN REGULATIONS.
   Signs within the RD residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 7.07) (Ord. 20-02, passed 3-18-2002)
§ 159.122 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the RD residential district shall be as follows.
   (a)   General requirements.
Density (Sq. Ft.)
Lot Area (Sq. Ft.)
Lot Front Width
Side Yard
Rear Yard
Maximum Height
Density (Sq. Ft.)
Lot Area (Sq. Ft.)
Lot Front Width
Side Yard
Rear Yard
Maximum Height
Single-family dwelling
5,000
5,000
50 ft.
25 ft.*
5 ft.**
35 ft.
Three- and four-family dwelling
2,500
7,500
75 ft.
25 ft.*
7 ft.**
35 ft.
Townhouses
2,400
2,400
16 ft.
25 ft.*
0 ft. or 10 ft. on non-party wall side
35 ft.
Two-family dwelling
3,000
6,000
50 ft.
25 ft.*
5 ft.**
Smaller of 25 ft. or 25% of lot depth
35 ft.
Other allowable uses
5,000
50 ft.
25 ft.*
7 ft.**
35 ft.
*   The front yard along the side street side of a corner lot may be reduced to 20 feet.
**   The side yard will be required to be increased to ten feet when the building is three stories in height or more.
 
   (b)   There shall be a required front yard on each street of a double frontage lot.
   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. C, § 7.08) (Ord. 20-02, passed 3-18-2002)
RA-1 RESIDENTIAL DISTRICT
§ 159.135 INTENT.
   This district is intended to provide for areas of moderate residential density between ten and 17 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses plus support facilities such as schools, parks, community buildings and churches. A central sanitary sewer system must be available to serve these developments.
(1992 Code, App. C, § 8.01) (Ord. 20-02, passed 3-18-2002)
§ 159.136 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the RA-1 residential district:
   (a)   Single-family dwelling;
   (b)   Two-family dwelling;
   (c)   Up to and including six single-family attached units in any one structure;
   (d)   Multiple dwelling;
   (e)   Elementary and high school;
   (f)   Nursing home;
   (g)   Church; and
   (h)   Neighborhood utilities.
(1992 Code, App. C, § 8.02) (Ord. 20-02, passed 3-18-2002)
§ 159.137 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the RA-1 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399.
   (a)   Churches, the main building shall be set back 15 feet from the side lot lines;
   (b)   Group home subject to:
      (1)   The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet; and
      (2)   The use shall be permitted only so long as the facility continues to be licensed by the state.
   (c)   Nursing home, subject to, the use shall be permitted only so long as the facility continues to be licensed by the state;
   (d)   Group day care subject to:
      (1)   A four-foot-high fence shall be constructed between the play area and the street when the play area is adjacent to any arterial or collector street; and
      (2)   A safe pick up and drop off area must be provided for the children.
   (e)   Antenna support structure, subject to, stealth design approved by the county planning director.
(1992 Code, App. C, § 8.03) (Ord. 20-02, passed 3-18-2002)
§ 159.138 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the RA-1 residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Private lake;
   (b)   Boarding or rooming house;
   (c)   Convent and monastery;
   (d)   Day care center;
   (e)   Park for mobile homes and manufactured homes in conformance with § 159.290;
   (f)   Electrical substation;
   (g)   Public utility facility;
   (h)   Telecommunications tower; and
   (i)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 8.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023)
§ 159.139 ACCESSORY USES.
   Accessory uses and buildings permitted in the RA-1 residential district are accessory buildings and uses customarily incident to any permitted uses in the district.
(1992 Code, App. C, § 8.05) (Ord. 20-02, passed 3-18-2002)
§ 159.140 PARKING REGULATIONS.
   Parking within the RA-1 residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 8.06) (Ord. 20-02, passed 3-18-2002)
§ 159.141 SIGN REGULATIONS.
   Signs within the RA-1 residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 8.07) (Ord. 20-02, passed 3-18-2002)
§ 159.142 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the RA-1 residential district shall be as follows.
   (a)   General requirements.
Density (Sq. Ft.)
Lot Area (Sq. Ft.)
Lot Width
Front Yard
Side Yard
Rear Yard
Maximum Height
Density (Sq. Ft.)
Lot Area (Sq. Ft.)
Lot Width
Front Yard
Side Yard
Rear Yard
Maximum Height
Multiple dwellings
Smaller of 25 ft. or 25% of lot depth
3 to 8 dwelling units
2,500
7,500
50 ft.
25 ft.*
7 ft.**
45 ft.
9 to 12 dwelling units
2,500
7,500
75 ft.
25 ft.*
15 ft.
45 ft.
Over 12 dwelling units
2,500
30,000
100 ft.
25 ft.*
15 ft.
45 ft.
Rooming houses
200/bed
5,000
50 ft.
25 ft.*
5 ft.**
45 ft.
Single-family dwelling
5,000
5,000
50 ft.
25 ft.*
5 ft.**
45 ft.
Two-family dwelling
2,500
5,000
50 ft.
25 ft.*
5 ft.**
45 ft.
Townhouses
2,400
5,000
16 ft.
25 ft.*
0 ft. or 10 ft. on non-party wall side
45 ft.
Other allowable uses
--
5,000
50 ft.
25 ft.*
15 ft.**
45 ft.
*   The front yard along the side street side of a corner lot may be reduced to 20 feet.
**   The side yard will be required to be increased to ten feet when the building is three stories in height or more.
 
   (b)   There shall be a required front yard on each street side of a double frontage lot.
   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.
(1992 Code, App. C, § 8.08) (Ord. 20-02, passed 3-18-2002)
C COMMERCIAL DISTRICT
§ 159.155 INTENT.
   This district is intended to provide for a wide variety of commercial uses generally located at major intersections and along major roads. This district will include general commercial uses requiring large land areas, extensive retail operations and outdoor display.
(1992 Code, App. C, § 9.01) (Ord. 20-02, passed 3-18-2002)
§ 159.156 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the C commercial district:
   (a)   Office;
   (b)   Bank or financial institution;
   (c)   Group day care, day care center, group home;
   (d)   Mortuary;
   (e)   Indoor recreational facility;
   (f)   Nursery or greenhouse;
   (g)   Church; and
   (h)   Personal services.
(1992 Code, App. C, § 9.02) (Ord. 20-02, passed 3-18-2002)
§ 159.157 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the C commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for those uses in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Retail and wholesale trade or service, provided:
      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;
      (2)   There is no storage of a regulated substance; and
      (3)   The building contains 10,000 square feet of area or less.
   (b)   Veterinarian clinic provided there is no outside kenneling of dogs;
   (c)   Frozen food locker provided there is no slaughtering of animals on the premises; and
   (d)   Antenna support structure, subject to, stealth design approved by the county planning director.
   (e)   Medical cannabis dispensary.
      (1)   The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
      (2)   The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
      (3)   The facility shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a single-family dwelling, church, elementary, middle, or high school licensed by the state, day care, public use facility, park, or other medical cannabis dispensaries.
      (4)   The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.
      (5)   The facility shall be limited to hours of operation not earlier than 8:00 a.m. and not later than 10:00 p.m.
      (6)   There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
      (7)   No one under the age of 18 shall be permitted in the facility.
      (8)   No use of medical cannabis shall be permitted on the premises of the facility.
      (9)   The facility shall submit a disposal plan to, and obtain approval from the planning director or his or her designee. Medical cannabis remnants and byproducts shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
      (10)   The facility shall submit a security and fire protection plan to and obtain approval from the planning director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
      (11)   The facility shall submit a site plan for approval by the planning director or his or her designee and a floor plan for approval by the planning director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
(1992 Code, App. C, § 9.03) (Ord. 20-02, passed 3-18-2002; Ord. 114-21, passed 9-28-2021)
§ 159.158 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the C commercial district if a conditional use permit for that use has been obtained in conformance with the requirements in §§ 159.390 through 159.399:
   (a)   Drive-in theater;
   (b)   Warehouse/mini-warehouse;
   (c)   Bar, lounge or adult use;
   (d)   Equipment sales, display and repair;
   (e)   Motor vehicle sales, display, service and rental;
   (f)   Auto body shop;
   (g)   Transportation, including gasoline service station, truck stop and terminal;
   (h)   Recycling facility;
   (i)   Fireworks sales provided sales are conducted from a permanent building when business operations exceed nine days;
   (j)   Uses which store or handle a regulated substance;
   (k)   Lumberyard;
   (l)   Contractor’s shop and storage yard;
   (m)   Car wash;
   (n)   Airport/heliport;
   (o)   Hospital;
   (p)   Hotel or motel;
   (q)   Motor vehicle repair shop;
   (r)   Public utility facility;
   (s)   Campground;
   (t)   Commercial recreation facility;
   (u)   Wind energy conversion system in conformance with § 159.287;
   (v)   Broadcast tower;
   (w)   Electrical substation;
   (x)   Telecommunications tower;
   (y)   Off-premises signs in conformance with §§ 159.350 through 159.355; and
   (z)   Solar energy conversion system.
(1992 Code, App. C, § 9.04) (Ord. 20-02, passed 3-18-2002; Ord. 37-14, passed 6-24-2014)
§ 159.159 ACCESSORY USES.
   Accessory uses permitted in the C commercial district are accessory buildings and uses customarily incident to any permitted uses in this district.
(1992 Code, App. C, § 9.05) (Ord. 20-02, passed 3-18-2002)
§ 159.160 PARKING REGULATIONS.
   Parking within the C commercial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 9.06) (Ord. 20-02, passed 3-18-2002)
§ 159.161 SIGN REGULATIONS.
   Signs within the C commercial district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 9.07) (Ord. 20-02, passed 3-18-2002)
§ 159.162 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   A maximum height and minimum lot requirements within the C commercial district shall be as follows.
   (a)   General requirements.
All Uses
All Uses
Density
Front yard
30 ft.
Lot
Lot area
Maximum height
35 ft.
Rear yard
20 ft.
Side yard
10 ft.
Width
 
   (b)   There shall be a required front yard on each street side of double frontage lots.
   (c)   There shall be a required front yard on each street side of a corner lot.
   (d)   Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.
(1992 Code, App. C, § 9.08) (Ord. 20-02, passed 3-18-2002)
I-1 LIGHT INDUSTRIAL DISTRICT
§ 159.175 INTENT.
   This district is intended to provide for a number of light manufacturing, wholesale, warehousing and service uses in an attractive industrial park like setting. These uses do not depend on frequent personal visits from customers or clients and do not include residences, apartments or commercial uses which are primarily retail in nature. It is the intention of this district to provide high amenity industrial development along the major roads and adjacent to residential areas, while allowing for slightly heavier development in the interior of the industrial areas.
(1992 Code, App. C, § 11.01) (Ord. 20-02, passed 3-18-2002)
§ 159.176 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the I-1 light industrial district:
   (a)   Public utility facility, electrical substation;
   (b)   Antenna support structure; and
   (c)   Any permissive use except personal services listed in the C commercial district.
(1992 Code, App. C, § 11.02) (Ord. 20-02, passed 3-18-2002)
§ 159.177 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the I-1 light industrial district in conformance with the conditions prescribed herein
or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Warehousing, repair services, wholesale trade, light manufacturing provided:
      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;
      (2)   There is no storage of a regulated substance on the premises; and
      (3)   The building contains 20,000 square feet of area or less.
   (b)   Veterinarian clinic provided there is no outside kenneling of animals;
   (c)   Frozen food locker provided there is no slaughtering of animals on the premises;
   (d)   Off-premises signs in conformance with §§ 159.350 through 159.355;
   (e)   Telecommunications tower, subject to:
      (1)   A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line;
      (2)   A minimum distance of one-half mile between telecommunications towers measured from the base of one telecommunications tower to the base of another; and
      (3)   Stealth design approved by the county planning director.
   (f)   Retailing or personal service as an accessory use when in conjunction with a primary use of wholesaling or manufacturing.
   (g)    Medical cannabis dispensary.
      (1)   The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval and shall at all times maintain a valid, accurate, and up-to-date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
      (2)   The facility shall at all times operate in compliance will all South Dakota Department of Health regulations pertaining to such facilities.
      (3)   The facility shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a single-family dwelling, church, elementary, middle or high school licensed by the state, day care, public use facility, park, or other medical cannabis dispensaries.
      (4)   The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.
      (5)   The facility shall be limited to hours of operation not earlier than 8:00 a.m. and not later than 10:00 p.m.
      (6)   There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
      (7)   No one under the age of 18 shall be permitted in the facility.
      (8)   No use of medical cannabis shall be permitted on the premises of the facility.
      (9)   The facility shall submit a disposal plan to, and obtain approval from the planning director or his or her designee. Medical cannabis remnants and byproducts shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
      (10)   The facility shall submit a security and fire protection plan to, and obtain approval from the planning director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
      (11)   The facility shall submit a site plan for approval by the planning director or his or her designee and a floor plan for approval by the planning director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
(1992 Code, App. C, §11.03) (Ord. 20-02, passed 3-18-2002; Ord. 114-21, passed 9-28-2021)
§ 159.178 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the I-1 light industrial district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Asphalt mixing plant, ready-mix concrete plant;
   (b)   Extraction of rock, sand and gravel in conformance with § 159.297;
   (c)   Airport/heliport;
   (d)   Any conditional use listed in the C commercial district;
   (e)   Broadcast tower;
   (f)   Salvage operation in accordance with § 159.292;
   (g)   Recycling processing facility; and
   (h)   Solar energy conversion system.
(1992 Code, App. C, § 11.04) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009; Ord. 37-14, passed 6-24-2014)
§ 159.179 ACCESSORY USES.
   Accessory uses and buildings permitted in the I-1 light industrial district are accessory buildings and uses customarily incident to any permitted uses in this district.
(1992 Code, App. C, § 11.05) (Ord. 20-02, passed 3-18-2002)
§ 159.180 PARKING REGULATIONS.
   Parking within the I-1 light industrial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 11.06) (Ord. 20-02, passed 3-18-2002)
§ 159.181 SIGN REGULATIONS.
   Signs within the I-1 light industrial district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 11.07) (Ord. 20-02, passed 3-18-2002)
§ 159.182 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the I-1 light industrial district shall be as follows.
   (a)   General requirements.
All Uses
All Uses
Density
Front yard
30 ft.
Lot area
Lot width
Maximum height
45 ft.
Rear yard
20 ft.
Side yard
10 ft.
 
   (b)   There shall be a required front yard on each street side of a double frontage lot.
   (c)   There shall be a required front yard on each street side of a corner lot.
(1992 Code, App. C, § 11.08) (Ord. 20-02, passed 3-18-2002)
I-2 GENERAL INDUSTRIAL DISTRICT
§ 159.195 INTENT.
   This district is intended to provide for heavy industrial uses which may create some nuisance and which are not properly associated with, nor compatible with residential, office, institutional or planned or neighborhood commercial establishments. All uses in this district shall comply with any state regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable.
(1992 Code, App. C, § 12.01) (Ord. 20-02, passed 3-18-2002)
§ 159.196 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the I-2 general industrial district: any permissive use listed in the I-1 light industrial district.
(1992 Code, App. C, § 12.02) (Ord. 20-02, passed 3-18-2002)
§ 159.197 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the I-2 general industrial district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Warehousing, wholesale trade, repair services, light manufacturing provided:
      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;
      (2)   There is no storage of a regulated substance on the premises; and
      (3)   The building contains 25,000 square feet of area or less.
   (b)   Off-premises signs in conformance with §§ 159.350 through 159.355;
   (c)   Telecommunications tower, subject to:
      (1)   A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line;
      (2)   A minimum distance of one-half mile between telecommunications towers measured from the base of one telecommunications tower to the base of another; and
      (3)   Stealth design approved by the county planning director.
   (d)   Retailing as an accessory use when in conjunction with a primary use of wholesaling or manufacturing.
(1992 Code, App. C, § 12.03) (Ord. 20-02, passed 3-18-2002)
§ 159.198 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the I-2 general industrial district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   General manufacturing;
   (b)   Stockyards/slaughtering of animals;
   (c)   Rendering;
   (d)   Distillation of products;
   (e)   Refining;
   (f)   Sanitary landfill, solid waste receiving station;
   (g)   Paper manufacturing;
   (h)   Tank farm; petroleum products terminal;
   (i)   Salvage operation in accordance with § 159.292;
   (j)   Airport/heliport;
   (k)   Any conditional use listed in the I-1 light industrial district;
   (l)   Mineral exploration and development in accordance with § 159.289;
   (m)   Any similar use not heretofore specified;
   (n)   Broadcast tower; and
   (o)   Solar energy conversion system.
(1992 Code, App. C, § 12.04) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009; Ord. 37-14, passed 6-24-2014)
§ 159.199 ACCESSORY USES.
   Accessory uses and buildings permitted in the I-2 general industrial district are accessory buildings and uses customarily incident to any permitted uses in this district.
(1992 Code, App. C, § 12.05) (Ord. 20-02, passed 3-18-2002)
§ 159.200 PARKING REGULATIONS.
   Parking within the I-2 general industrial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 12.06) (Ord. 20-02, passed 3-18-2002)
§ 159.201 SIGN REGULATIONS.
   Signs within the I-2 general industrial district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 12.07) (Ord. 20-02, passed 3-18-2002)
§ 159.202 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the I-2 general industrial district shall be as follows; general requirements.
All Uses
All Uses
Density
Front yard
30 ft.
Lot area
Lot width
Maximum height
35 ft.
All Uses
Rear yard
20 ft.
Side yard
10 ft.
 
(1992 Code, App. C, § 12.08) (Ord. 20-02, passed 3-18-2002)
RC RECREATION/CONSERVATION DISTRICT
§ 159.215 INTENT.
   This district is intended to protect natural drainage courses in their capacity to carry run-off water, to limit permanent structures and uses of land in areas subject to flooding, to prevent the pollution of underground water supplies (aquifers), to provide open space and natural areas for recreation, and add to the aesthetic quality of the area.
(1992 Code, App. C, § 13.01) (Ord. 20-02, passed 3-18-2002)
§ 159.216 PERMISSIVE USES.
   A building or premises shall be permitted to be used for the following purposes in the RC recreation/conservation district:
   (a)   Agriculture. A building for the storage of agricultural equipment or products shall be allowed provided the following conditions have been met:
      (1)   The parcel(s) consists of not less than 40 acres of unplatted land; and
      (2)   The property’s principal use is devoted to agriculture.
   (b)   Public park; forest preserve;
   (c)   Public golf course;
   (d)   Historic sites; and
   (e)   (1)   A single-family dwelling if the following provisions for building eligibility are met:
      (2)   Each quarter-quarter section shall have one building eligibility when all the following conditions are met:
         A.   There are no other dwellings on the quarter-quarter section;
         B.   The building site is not in the 100-year floodplain as identified on flood insurance administration maps;
         C.   The building site shall be a minimum of one acre;
         D.   Approval has been granted by the appropriate governing entity for access onto a public road; and
         E.   The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
(1992 Code, App. C, § 13.02) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 134-06, passed 10-16-2006)
§ 159.217 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the RC recreation/conservation district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   A single-family dwelling located on a lot of record in accordance with the following:
      (1)   A lot of record consisting of less than 80 acres and containing no other dwellings shall have one eligible building site;
      (2)   The building site is not in the 100-year floodplain as identified on the flood insurance rate map;
      (3)   A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:
         A.   The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings shall represent building eligibility;
         B.   If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use permit; and
         C.   Each building site shall consist of a minimum of one acre.
      (4)   Approval has been granted by the appropriate governing entity for access onto the public road; and
      (5)   Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.
   (b)   A building eligibility may be used within a farmstead provided:
      (1)   The building eligibility exists on property contiguous to and under the same ownership as the farmstead;
      (2)   There will be no more than two dwellings within the farmstead;
      (3)   The farmstead is not in the 100-year floodplain as identified on flood insurance administration maps; and
      (4)   The residential structure may be a single-family dwelling, manufactured home or mobile home.
   (c)   Plant nursery or tree farm subject to:
      (1)   No retail sales allowed on the premises;
      (2)   No structures exceeding 500 square feet; and
      (3)   All structures meeting the requirements of § 159.292.
   (d)   Electric substations subject to:
      (1)   An opaque screen six feet in height must be erected on the side and rear lot lines and on the front yard setback line; and
      (2)   The required side yard shall be 25 feet.
   (e)   Antenna support structure, subject to, stealth design approved by the county planning director.
   (f)   Solar energy conversion system.
(1992 Code, App. C, § 13.03) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 37-14, passed 6-24-2014)
§ 159.218 CONDITIONAL USES.
   A building or premises may be used for the following purposes in the RC recreation/conservation district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Commercial recreation facility;
   (b)   Day or summer camp;
   (c)   Rifle and pistol range; trap shoot;
   (d)   Cemetery;
   (e)   Fairgrounds;
   (f)   Rock, sand and gravel extraction in conformance with § 159.297;
   (g)   A single-family dwelling on a parcel which is not a lot of record provided:
      (1)   The deed to the land or the agreement to convey the parcel was recorded with the Register of Deeds prior to September 27, 1988;
      (2)   The building site is not in the 100-year floodplain as identified on the Flood Insurance Rate Map;
      (3)   There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:
         A.   The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility; and
         B.   Each building site shall consist of a minimum of one acre.
      (4)   The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development;
      (5)   The soil conditions are acceptable for a building site; and
      (6)   Approval has been granted by the appropriate governing entity for access onto a public road.
   (h)   Broadcast tower;
   (i)   Telecommunications tower;
   (j)   The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met:
      (1)   The transfer of building eligibility shall occur only between contiguous parcels under the same ownership;
      (2)   Suitability as a building site based on the following factors:
         A.   Agricultural productivity of the soil;
         B.   Soil limitations; and
         C.   Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.
      (3)   The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant;
      (4)   The building site is not in the 100-year floodplain as identified on the flood insurance rate map;
      (5)   The parcel from which the building eligibility is transferred shall continue as agricultural land or remain in its present use; and
      (6)   Approval has been granted by the appropriate governing entity for access onto a public road.
   (k)   Produce stand exceeding 400 square feet in area;
   (l)   Recreation facility;
   (m)   Farmer’s market;
   (n)   Public utility facility; and
   (o)   Vacation home rental/short-term rental in accordance with § 159.303.
(1992 Code, App. C, § 13.04) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 76-09, passed 8-17-2009; Ord. 64-23, passed 7-25-2023; Ord. 98-23, passed 10-24-2023)
§ 159.219 ACCESSORY USES.
   Accessory uses permitted in the RC recreation/conservation district are accessory buildings and uses customarily incident to any permitted uses in this district.
(1992 Code, App. C, § 13.05) (Ord. 20-02, passed 3-18-2002)
§ 159.220 PARKING REGULATIONS.
   Parking within the RC recreation/conservation district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
(1992 Code, App. C, § 13.06) (Ord. 20-02, passed 3-18-2002)
§ 159.221 SIGN REGULATIONS.
   Signs within the RC recreation/conservation district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
(1992 Code, App. C, § 13.07) (Ord. 20-02, passed 3-18-2002)
§ 159.222 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.
   The maximum height and minimum lot requirements within the RC recreation/conservation district shall be as follows; general requirements.
Front yard
30 ft.**
Lot area
1 acre*
Lot width
125 ft.
Maximum height
35 ft.***
Rear yard
30 ft.
Side yard
7 ft.
*   Unless a larger lot size is required by the granting of a conditional use permit.
**   The front yard on a major arterial street or section line road shall be 50 feet.
***   There shall be no height limit for accessory farm structures or wind energy conversion systems except in the airport approach zone.
 
(1992 Code, App. C, § 13.08) (Ord. 20-02, passed 3-18-2002)
PD PLANNED DEVELOPMENT DISTRICT
§ 159.235 INTENT.
   (a)   It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PD planned development district projects in order to:
      (1)   Encourage well planned, efficient development;
      (2)   Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures;
      (3)   Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets;
      (4)   Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as woodlands, wetlands, natural drainage systems and scenic areas;
      (5)   Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building;
      (6)   Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of those streets; and
      (7)   Improve communication and cooperation among the county, townships, land developers and interested residents in the development of agricultural land and redevelopment of existing areas.
   (b)   It is not the intent of the PD planned development district to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.
(1992 Code, App. C, § 14.01) (Ord. 20-02, passed 3-18-2002)
§ 159.236 PROCEDURE.
   (a)   Initial development plan.
      (1)   When a petitioner wants to request a rezoning to the planned development district, it shall be submitted to the Minnehaha County planning department, showing the information specified in § 159.237, a minimum of 30 days prior to the joint meeting of the county and city planning commissions at which consideration is desired. After the planned development request has been reviewed, the planning commissions shall make a recommendation to the board of county commissioners and city council on the requested rezoning. The board of county commissioners and city council shall then act to approve or deny the request.
      (2)   This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in §§ 159.410 through 159.414. No permit shall be issued within the development until the final development plan is approved and the plat is filed.
   (b)   Final development plan.
      (1)   Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in § 159.238, to the planning commissions, who shall have the sole authority to approve, deny or amend the plan.
      (2)   The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.
   (c)   Amendments.
      (1)   Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved as an amendment to the zoning regulations, requiring the planning commissions’ review and board of county commissioners and city council approval.
      (2)   Minor amendments. Minor amendments to the initial and/or final development plan shall be required to be approved by the planning commissions at a hearing. Notice of the hearing shall be given by the posting of a sign on the property. Minor amendments to the initial development plan may also be made by the submission and approval of a final development plan which is changed from the approved initial development plan. Any amendments shall be shown as a change from the initial development plan on the final development plan, and further these changes shall be made on the initial development plan.
      (3)   Minimal amendments. Minimal amendments to the final development plan shall be submitted to the planning director on a reproducible development plan showing the requested changes. The planning director may then approve the change in writing, if he or she deems it appropriate.
(1992 Code, App. C, § 14.02) (Ord. 20-02, passed 3-18-2002)
§ 159.237 INITIAL DEVELOPMENT PLAN.
   Upon application for rezoning to the planned development district, the petitioner shall present an initial development plan to the planning commissions for review and to board of county commissioners and city council for their approval showing the following information:
   (a)   Project name and legal description;
   (b)   A preliminary subdivision plan; and
   (c)   The proposed development scheme showing the following information:
      (1)   The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings and their square footage;
      (2)   The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make those densities undesirable;
      (3)   The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make the setbacks undesirable;
      (4)   The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make the heights undesirable;
      (5)   Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and
      (6)   Anticipated subarea development sequence.
(1992 Code, App. C, § 14.03) (Ord. 20-02, passed 3-18-2002)
§ 159.238 FINAL DEVELOPMENT PLAN.
   (a)   Prior to construction on any lots in the Planned Development Zoning district, the petitioner shall present a final development plan to the planning commissions for their approval.
   (b)   The final development plan shall show the following information:
      (1)   The subdivision name, the legal description and the individual project name (if any);
      (2)   Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;
      (3)   A subdivision plat of the subarea or subareas submitted for approval;
      (4)   A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:
         A.   Size and location of proposed structures including height and number of units;
         B.   Calculated floor area for each structure and a generic listing of the uses within the structure;
         C.   Off-street parking lot arrangement designating all parking spaces, off-street loading spaces and any outdoor trash container spaces;
         D.   Any sidewalks, bikeways or other paths;
         E.   Landscaping plans showing the type and location of any walls or fences, the placement, size and species of any trees or shrubs, and berms in areas that will be sod or seeded;
         F.   All existing and proposed utilities, drainageways, watercourses and location of aboveground existing utilities on adjacent property;
         G.   Proposed final ground contours;
         H.   Existing and proposed uses adjacent to the area;
         I.   Documentation of the ownership and maintenance responsibility of any common open spaces, structures or facilities including private streets;
         J.   Any subareas proposed for multiple residential development will be required to provide an open area for recreation. The open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve;
         K.   Proposed parking and loading spaces which shall be in conformance with §§ 159.315 through 159.319, except where unique physical, environmental or design characteristics make these requirements undesirable; and
         L.   Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example: townhouses on Block X shall be developed in conformance with the requirements of the RD residential district.
(1992 Code, App. C, § 14.04) (Ord. 20-02, passed 3-18-2002)
§ 159.239 AMENDMENTS.
   (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; and
      (3)   An increase in density above that provided for in division (b)(5) below.
   (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.
   (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; and
      (2)   A minor reduction in density.
(1992 Code, App. C, § 14.05) (Ord. 20-02, passed 3-18-2002)
§ 159.240 PLANNED DEVELOPMENT DISTRICTS.
   Planned development districts shall be as enumerated below.
   (a)   (PD-1) Willow Run Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Willow Run Planned Development District:
      (1)   Subarea A.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: up to and including six single-family attached units in any one structure.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RA-1 zoning district.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RA-1 zoning district.
         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RA-1 zoning district.
         F.   Other regulations. Other regulations for Subarea A shall be: private roads shall provide access to the development.
      (2)   Subareas B through E.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: single-family dwelling
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RR zoning district.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RR zoning district.
         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RR zoning district.
         F.   Other regulations. Other regulations of Subareas B through E shall be:
            1.   A second road access is needed to serve Subarea C and the impact on the township road due to development of the subarea must be addressed;
            2.   Private roads shall provide access to the developments; and
            3.   The development of Subareas D and E shall include a road circulation plan that addresses access to abutting property.
      (3)   Subarea F.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: golf course.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.
         E.   Setback and height regulations. The setback and height requirements for all structures shall be as follows:
            1.   Fifty feet from all public rights-of-way and seven feet from all other property lines; and
            2.   Maximum height shall be 35 feet.
         F.   Other regulations. Other regulations for Subarea F shall be: none.
   (b)   (PD-2) Thomas Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Thomas Planned Development District.
      (1)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
         A.   Single-family dwelling; and
         B.   Agriculture limited to pasture and the production of crops.
      (2)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district and restricted as follows:
         A.   Accessory buildings limited to a total area of 2,500 square feet with each building not to exceed 1,250 square feet;
         B.   Livestock not to exceed a total of ten head;
         C.   Horses not to exceed one horse per family member; and
         D.   Dog kennel limited to ten adult dogs.
      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of the A-1 zoning district.
      (4)   Sign regulations. Signs shall be regulated in conformance with the provisions of the A-1 zoning district.
      (5)   Density, area, yard and height regulations. The same requirements shall apply as in the A-1 zoning district.
      (6)   Other regulations. Other regulations shall be: driveway access shall not enter onto County Highway 130.
   (c)   (PD-3) Willow Ridge Estates Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Willow Ridge Estates Planned Development District.
      (1)   Subarea A.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: single-family dwelling.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district. No accessory building shall exceed 1,200 square feet in area.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RR zoning district.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RR zoning district.
         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RR zoning district.
         F.   Other regulations. Other regulations for Subarea A shall be: subdivision roads shall be hard surfaced.
      (2)   Subarea B.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: single-family dwelling.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district. No accessory buildings shall exceed 1,200 square feet in area.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RR zoning district.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RR zoning district.
         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RR zoning district.
         F.   Other regulations. Other regulations for Subarea B shall be:
            1.   Subdivision roads shall be hard surfaced; and
            2.   Lots within the subarea shall not have driveway approaches directly onto Highway 38.
      (3)   Subarea C.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: park and recreation facilities.
         B.   Sign regulations. There shall be no on-premises or off-premises signs permitted in the subarea.
         C.   Other regulations. Other regulations for Subarea C shall be: natural features in the subarea shall be retained to the greatest extent possible.
   (d)   (PD-4) Powder House Road Planned Development District.
      (1)   Generally. The regulations set forth herein or elsewhere in these regulations are the district regulations of the Powder House Road Planned Development District.
      (2)   Subarea A.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Convenience store with gas dispensing facilities;
            2.   Bank with drive-through;
            3.   Office; and
            4.   Personal and custom services such as barber shop, beauty salon, dry cleaning.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any use permitted in division (d)(2)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319, parking and loading regulations of the Comprehensive Joint Zoning Regulations for Minnehaha County and the city.
         D.   Sign regulations.
            1.   Signs shall be regulated in conformance with the provisions of §§ 160.570 et. seq. of this Code.
            2.   Exception: On-premises freestanding signage shall be monument style and be limited to one sign per frontage and a maximum sign area totaling 100 square feet, and six feet in height.
            3.   A detailed sign plan shall be submitted as part of the final development plan review.
         E.   Density, area, yard and height regulations. The maximum height and minimum lot requirements shall be as follows.
 
Density
Lot Area (Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
50 ft.
25 ft.
25 ft.
35 ft.
 
         F.   Other regulations. Other regulations for Subarea A shall be:
            1.   The developer shall agree to connect to the city water and sewer when available for the property;
            2.   Prior to building permit application, an access plan shall be approved by the county highway and city engineering departments and the state department of transportation;
            3.   Total building area not to exceed 7,500 square feet;
            4.   Surface water runoff from the parking and vehicle service areas shall remain on-site;
            5.   Prior to development of the gas dispensing use, an approved spill containment plan shall be approved by Minnehaha County and the city;
            6.   Shoebox style lighting shall be used when illuminating structures, including canopies and parking areas. All lighting systems shall be designed to reduce glare and light trespass on to adjacent land uses;
            7.   Outdoor product display or storage is prohibited;
            8.   Outdoor trash dumpster areas shall be screened;
            9.   Off-premises signs are prohibited;
            10.   A landscaping plan shall be submitted as a part of the final development plan;
            11.   All wastewater shall drain to holding tanks for disposal off-site. No on-site absorption fields shall be allowed;
            12.   The petitioner’s development guidelines, dated July 5, 1995, shall be adopted as part of the final development plan review process;
            13.   All driveways and parking areas shall be hard surfaced; and
            14.   A deceleration lane shall be provided for northbound traffic accessing the driveway onto Powder House Road.
   (e)   PD-5 Wheatstem Meadows Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations of the Wheatstem Meadows PD Planned Development District.
      (1)   Subarea A. This subarea is intended to provide for well designed commercial and general business office/technology, including research and development buildings, and light manufacturing uses accommodating management, research, design, marketing and production needs of enterprises in the planned development district. Uses shall generally be commercial and office, combined with the light manufacturing uses and warehousing of products or materials associated with the primary use. An emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangements.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Those uses allowed as permitted special and conditional uses in the C-4, planned commercial district, including on-sale alcohol establishment as an accessory use;
            2.   General business office/technology uses, including associated research and development buildings and light manufacturing uses, provided all storage is placed indoors; and
            3.   Except telecommunications towers are not allowed.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 160.550 through 160.556 of this Code.
         D.   Sign regulations. On-premises sign types shall be limited to ground mounted monument style, building identification signs and campus identification signs and be regulated in conformance with §§ 160.570 et seq. of this Code, on-premises sign regulations for the C-4, planned commercial district, and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control. A maximum of one campus identification sign, located along Sixtieth Street at Saffron Trail intersection may be allowed and be a maximum of 18 feet in height and 64 square feet in size.
         E.   Density, area, yard and height regulations.
 
Density
Lot Area (Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
All uses same as the C-4 planned commercial district.*
*   Exceptions:
      Lots abutting Kiwanis Avenue shall have a minimum building setback of 93 feet from the Kiwanis Avenue centerline.
      Maximum building height shall be 35 feet.
 
         F.   Other regulations. Other regulations for Subarea A shall be:
            1.   Development shall be preceded by annexation and completion of proper municipal street, sanitary sewer, water and storm water drainage improvements;
            2.   Prior to development, a water and sanitary sewer service and systems improvement plan shall be designed for the entire property and approved by the city. The developer shall agree to connect to city water and sewer when available for the property.
            3.   Development shall be coordinated with traffic signalization plans and future street improvements on Kiwanis Avenue and Sixtieth Street North;
            4.   The right-of-way for Reuben Goertz Boulevard be 100-foot minimum width;
            5.   Curb cuts be limited to three on Kiwanis Avenue and three on Sixtieth Street North, as depicted on the initial development plan;
            6.   A 30-foot wide minimum landscape setback shall be established along Kiwanis Avenue, Sixtieth Street East and Reuben Goertz Boulevard; and
            7.   An avigation easement, acceptable to the city’s airport authority, shall be filed with the county register of deeds prior to any building development.
      (2)   Subarea B. This subarea is intended to provide for well designed business and technology buildings, accommodating management, research, design, marketing and production needs of enterprises in the planned development district. Uses shall generally be office, institutional and light manufacturing uses, combined with warehousing of products or materials associated with the primary use. An emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangements.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Those uses allowed as permissive, permitted special and conditional uses in the O Office and S institutional districts;
            2.   General business office/technology uses, including associated research and development buildings, and light manufacturing uses, provided all storage is placed indoors; and
            3.   Except telecommunications towers are not allowed.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 160.550 through 160.556 of this Code.
         D.   ign regulations. On-premises sign types shall be limited to ground mounted monument style, building identification signs and campus identification signs and be regulated in conformance with §§ 160.570 et seq. of this Code, on-premises sign regulations for the O office district, and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.
         E.   Density, area, yard and height regulations.
 
Density
Lot Area (Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
All uses same as the O office district.*
*   Exception: Lots abutting Kiwanis Avenue shall have a minimum building setback of 93 feet from the Kiwanis Avenue centerline.
 
         F.   Other regulations. Other regulations for Subarea B shall be:
            1.   Development shall be preceded by annexation and completion of proper municipal street, sanitary sewer, water and storm water drainage improvements;
            2.   Prior to development, a water and sanitary sewer service and systems improvement plan shall be designed for the entire property and approved by the city. The developer shall agree to connect to city water and sewer when available for the property;
            3.   Development shall be coordinated with traffic signalization plans and future street improvements on Kiwanis Avenue and 60th Street North;
            4.   The right-of-way for Reuben Goertz Boulevard be 100-foot minimum width;
            5.   Curb cuts be limited to three Kiwanis Avenue, as depicted on the initial development plan. The proposed Saffron Trail and Kiwanis Avenue intersection, however, shall be aligned with the main roadway for the Redstone Village PD Planned Development District located to the west, across Kiwanis Avenue;
            6.   A 30-foot wide minimum landscape setback shall be established along Kiwanis Avenue and Reuben Goertz Boulevard; and
            7.   An avigation easement, acceptable to the city’s airport authority, shall be filed with the county register of deeds prior to any building development.
      (3)   Subarea C. This subarea is intended to provide for well designed business and technology buildings, accommodating management, research, design, marketing and production needs of enterprises in the planned development district. Uses shall generally be limited commercial, office, institutional and light manufacturing uses, combined with warehousing of products or materials associated with the primary use. An emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangements.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Those uses allowed as permissive, permitted special and conditional uses in the O Office and S institutional districts, except telecommunications towers are not allowed;
            2.   General business office/technology uses, including associated research and development buildings, and light manufacturing uses, provided all storage is placed indoors;
            3.   Hotel/motel, including on-sale alcohol establishment as an accessory use;
            4.   Light manufacturing, provided all manufacturing and storage takes place indoors;
            5.   Warehouse or mini warehouse, provided all storage must be indoors;
            6.   Wholesale trade or merchandising;
            7.   Antenna support structure, subject to stealth design approved by the director of planning and building services;
            8.   Farm/feed store; and
            9.   Wind energy conversion systems.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 160.550 through 160.556 of this Code.
         D.   Sign regulations. On-premises sign types shall be limited to ground mounted monument style, building identification signs and campus identification signs and be regulated in conformance with §§ 160.570 et seq. of this Code, on-premises sign regulations for the O office district, and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control. A maximum of two campus identification signs, located along 60th Street at Reuben Goertz Boulevard and Thyme Drive intersections may be allowed and each campus id sign being a maximum of 18 feet in height and 64 square feet in size.
         E.   Density, area, yard and height regulations.
 
Lot Area Density
(Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
All uses same as the O office district.
            
         F.   Other regulations. Other regulations for Subarea C shall be:
            1.   Development shall be preceded by annexation and completion of proper municipal street, sanitary sewer, water and storm water drainage improvements;
            2.   Prior to development, a water and sanitary sewer service and systems improvement plan shall be designed for the entire property and approved by the city. The developer shall agree to connect to city water and sewer when available for the property;
            3.   Development shall be coordinated with traffic signalization plans and future street improvements on Kiwanis Avenue and Sixtieth Street North;
            4.   The right-of-way for Reuben Goertz Boulevard be 100-foot minimum width;
            5.   Curb cuts be limited to three on Sixtieth Street North as depicted on the initial development plan;
            6.   A 30-foot wide minimum landscape setback shall be established along Sixtieth Street East and Reuben Goertz Boulevard; and
            7.   An avigation easement, acceptable to the city’s airport authority, shall be filed with the county register of deeds prior to any building development.
   (f)   PD-6 Resurrection Planned Development District. The regulations set forth herein or set forth elsewhere in these regulations are the district regulations of the Resurrection Planned Development District.
      (1)   Subarea A.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Mortuary/funeral home;
            2.   Crematory;
            3.   Mausoleum;
            4.   Columnbarium;
            5.   Private lake(s);
            6.   Parking lot;
            7.   Naturalized tree, prairie and wetland plantings;
            8.   Service building; and
            9.   Manager/caretaker residence.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the City of Sioux Falls.
         D.   Sign regulations.
            1.   Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the City of Sioux Falls.
            2.   Exception: On-premises freestanding signage shall be limited to one monument style building identification sign 48 square feet maximum in size and six feet maximum in height. Traffic signs shall be regulated in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.
            3.   Concurrent with the first final development plan submittal, a master signage plan for Subarea A shall be submitted for the planning commission’s review and approval. Directional and building identification wall signs shall be permitted in accordance with the master signage plan adopted as part of the Resurrection Planned Development District subarea regulations.
         E.   Density, area, yard and height regulations.
 
Density
Lot Area (Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
5,000
50 ft.
10 ft.
35 ft.
 
         F.   Other regulations. Other regulations for Subarea A shall be:
            1.   Prior to development, a water service, system improvement and fire protection plan shall be approved by Minnehaha County and the City of Sioux Falls. The developer shall agree to connect to city water when available for the property;
            2.   Prior to development, a sanitary sewer and systems improvement plan shall be approved by Minnehaha County and the City of Sioux Falls. An approved private septic system may be utilized on a temporary basis. Embalming fluids from the funeral home shall be kept in a holding tank and disposed of properly. The developer shall agree to connect to city sanitary sewer service when available for the property;
            3.   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond;
            4.   A final development plan shall not be required for the naturalized tree, prairie and wetland plantings;
            5.   A 50-foot wide landscape setback along 267th Street must be established during the initial construction phase. A site landscape improvement plan for Subarea A shall be submitted concurrent with the first final development plan and include wetlands, ponds and plant material selections and locations for trees, shrubs, hedges and fencing for county and city review and approval; and
            6.   An access control plan for 267th Street shall be submitted concurrent with the first final development plan for county and city review and approval. The funeral home may use a temporary approach from the highway until the permanent gated main entrance is developed during the first phase of cemetery construction. The main gated entrance road shall be hard-surfaced.
      (2)   Subarea B.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Cemetery;
            2.   Chapel;
            3.   Private lake(s);
            4.   Parking lot;
            5.   Mausoleum;
            6.   Columnbarium;
            7.   Music tower;
            8.   Naturalized tree, prairie and wetland plantings;
            9.   Service building; and
            10.   Manager/caretaker residence.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.
         D.   Sign regulations.
            1.   Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.
            2.   Exception: On-premises freestanding signage shall be limited to one monument style sign along each street frontage, measuring 48 square feet maximum in size and eight feet maximum in height. Traffic signs shall be regulated in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.
            3.   A master signage plan for Subarea B shall be submitted for the planning commission’s review and approval. Cemetery identification and cemetery directional signs shall be permitted in accordance with the master signage plan adopted as part of the Resurrection Planned Development District subarea regulations.
         E.   Density, area, yard and height regulations.
 
Density
Lot Area (Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
1 acre
150 ft.
50 ft.
15 ft.
25 ft.
35 ft.
 
         F.   Other regulations. Other regulations for Subarea B shall be:
            1.   Prior to development, a water service, system improvement and fire protection plan shall be approved by Minnehaha County and the city. The developer shall agree to connect to city water when available for the property;
            2.   Prior to development, a sanitary sewer and systems improvement plan shall be approved by Minnehaha County and the city. The developer shall agree to connect to city sanitary sewer service when available for the property;
            3.   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond;
            4.   A final development plan shall not be required for the naturalized tree, prairie and wetland plantings;
            5.   A 50-foot wide landscape setback along 267th Street must be established during the initial construction phase. A site landscape improvement plan for Subarea B shall be submitted concurrent with the first phase of cemetery development and include wetlands, ponds and plant material selections and locations for trees, shrubs, hedges and fencing for county and city review and approval; and
            6.   An access control plan, including traffic control from 267th Street and 467th Avenue, shall be submitted for county and city review and approval. The main gated entrance road shall be hard-surfaced.
      (3)   Subarea C.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Recreation center;
            2.   Educational facilities;
            3.   Retreat center;
            4.   Conference center;
            5.   Private lake(s);
            6.   Parking lot;
            7.   Tree farm/orchard;
            8.   Church;
            9.   Office;
            10.   Naturalized tree, prairie and wetland plantings;
            11.   Caretaker’s residence; and
            12.   Statue gardens/stations of the cross.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.
         D.   Sign regulations.
            1.   Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.
            2.   Exception: On-premises freestanding signage shall be limited to one monument style sign along 467th Avenue frontage, measuring 32 square feet maximum in size and six feet maximum in height. Traffic signs shall be regulated in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.
            3.   A master signage plan for Subarea C shall be submitted for the planning commission’s review and approval. Cemetery identification, cemetery directional and building identification signs shall be permitted in accordance with the master signage plan adopted as part of the Resurrection Planned Development District subarea regulations.
         E.   Density, area, yard and height regulations.
 
Density
Lot Area (Sq. Ft.)
Req’d. Lot Width
Req’d. Front Yard
Req’d. Side Yard
Req’d. Rear Yard
Maximum Height
5,000
50 ft.
10 ft.
55 ft.
 
         F.   Other regulations. Other regulations for Subarea C shall be:
            1.   Prior to development, a water service, system improvement and fire protection plan shall be approved by Minnehaha County and the city. The developer shall agree to connect to city water when available for the property;
            2.   Prior to development, a sanitary sewer and systems improvement plan shall be approved by the city. The developer shall agree to connect to city sanitary sewer service before development of this subarea;
            3.   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention ponds;
            4.   A final development plan shall not be required for the naturalized tree, prairie and wetland plantings and statue gardens/stations of the cross;
            5.   A site landscape improvement plan for Subarea C shall be submitted for county and city review and approval and include wetlands, ponds and plant material selections and locations for ponds, trees, shrubs, hedges and fencing; and
            6.   An access control plan, including traffic control from 467th Avenue, shall be submitted for county and city review and approval. The gated entrance road shall be hard-surfaced.
   (g)   Reserved.
   (h)   Reserved.
   (i)   (PD-9) Emerald Pines Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Emerald Pines Planned Development District:
      (1)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
   A maximum of one (1) primary structure not to exceed 8,000 square feet. The following uses are permitted within the primary structure: weddings, hosting wedding receptions, prewedding events and dinners, photography office/business, events space rental, and law office.
      (2)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any permitted use allowed in the A-1 Agricultural District.
      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of the Parking and Loading Regulations.
      (4)   Driveway regulations. The first 100 feet of driveway off of Maple St. shall be at least 20 feet wide and hard surfaced.
      (5)   Sign regulations. Signs shall be regulated in conformance with the provisions of the On-Premise Sign Regulations.
      (6)   Density, area, yard, and height regulations. Density, area, yard, and height shall be regulated in conformance with the provisions of the A-1 Agricultural District.
   (j)   (PD-10) Laurel Ridge Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Laurel Ridge Planned Development District:
      (1)   Subarea A.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes.
            1.    Banquet/reception hall and events facility.
         B.   Accessory uses. Accessory uses and buildings permitted are those buildings and uses customarily incidental to the permitted uses.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Article 16.00 of the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls. No parking shall be allowed on Slip Up Creek Road.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Article 17.00 of the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls.
         E.   Density, area, yard, and height regulations. The same requirements shall apply as in the C Commercial zoning district.
         F.   Other regulations. Other regulations for Subarea A shall be:
            1.   Subdivision roads shall be private and privately maintained.
            2.   A property association shall be created and include all property within the subarea to assure maintenance of the private roads and common areas.
            3.   That all connections onto the Mapleton Township road system must be approved by Mapleton Township.
            4.   The hours of operation shall be between 8 a.m. and midnight with the exception of New Year's Eve, which must be between 8 a.m. and 1 a.m.
            5.   No outdoor music shall be allowed after 10 p.m.
            6.   All outdoor lighting shall be of a full cutoff and fully shielded design to prevent direct spillage of light beyond the property boundaries.
            7.   Dust control shall be applied by the applicant from the approach west to the pavement on Slip Up Creek Road.
         G.   Final develop plan.
            1.   Prior to construction in Subarea A, a Final Development Plan shall be presented to the Planning Commissions for their approval.
      (2)   Subarea B.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
      Those uses permitted in the A-1 Agricultural zoning district.
         B.   Accessory uses. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incidental to any permitted use in the A 1 Agriculture zoning district.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the A-1 Agricultural zoning district.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the A-1 Agricultural zoning district. One business sign for the events facility not exceeding 200 square feet.
         E.   Density, area, yard, and height regulations. The same requirements shall apply as in the A-1 Agriculture zoning district.
         F.   Other regulations. Other regulations for Subarea B shall be:
            1.   Subdivision roads shall be private and privately maintained.
            2.   A property association shall be created and include all property within the subarea to assure maintenance of the private roads and common areas.
            3.   That all connections onto the Mapleton Township road system must be approved by Mapleton Township.
         G.   Final develop plan.
            1.   Prior to construction in Subarea B, a Final Development Plan shall be presented to the Planning Commissions for their approval.
   (k)   (PD-11) Perry Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations of the Perry Planned Development District:
      (1)   Subarea A.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            Those uses permitted as permissive uses in the RC Recreational/Conservation zoning district, except for single-family dwelling.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any use permitted in subsection (k)(1)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Sections 159.315–159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Sections 159.330–159.338.
         E.   Yard and height regulations. The maximum height and minimum yard requirements shall be the same as the RC zoning district.
      (2)   Subarea B.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Agriculture.
            2.   Single-family dwelling.
            3.   Park.
            4.   Historic site.
            5.   Greenhouse and nursery provided there is no retail sale of products conducted on the premises.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any use permitted in subsection (k)(2)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Sections 159.315159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Sections 159.330159.338.
         E.   Yard and height regulations. The maximum height and minimum yard requirements shall be the same as the RR zoning district.
         F.   Other regulations. Other regulations for Subarea B shall be:
            1.   The residential density shall not exceed two dwelling units for the subarea. Location of the building sites shall be included in the final development plan and situated in such a manner to pose the least impact on access to the park in Subarea A.
            2.   No dwelling shall be located within the 100-year floodplain as shown on the county's flood insurance rate map.
      (3)   Subarea C.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Agriculture.
            2.   Park.
            3.   Greenhouse and nursery provided there is no retail sale of products conducted on the premises.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any use permitted in subsection (k)(3)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Sections 159.315159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Sections 159.330159.338.
         E.   Yard and height regulations. The maximum height and minimum yard requirements shall be the same as the A-1 zoning district.
      (4)   Subarea D and E.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Agriculture.
            2.   Single-family dwelling.
            3.   Park.
            4.   Greenhouse and nursery provided there is no retail sale of products conducted on the premises.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any use permitted in subsection (k)(4)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Sections 159.315159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Sections 159.330159.338.
         E.   Yard and height regulations. The maximum height and minimum yard requirements shall be the same as the RR zoning district.
         F.   Other regulations. Other regulations for Subareas D and E shall be:
            1.   The residential density shall not exceed one dwelling unit for Subarea D and two dwelling units for Subarea E.
            2.   The driveway approach serving Subarea E shall not directly access 481st Ave.
            3.   No dwelling shall be located within the 100-year floodplain as shown on the county's flood insurance rate map.
      (5)   Subarea F.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Convenience store with gas dispensing.
            2.   Restaurant with drive-thru.
            3.   Bank with drive-thru.
            4.   Office.
            5.   Personal services including barber shop, beauty salon, dry cleaning, coin- operated laundry, photographic and art studio, and shoe repair.
            6.   Custom services including woodworking, hobby, and craftmaking.
            7.   Garden center, greenhouse, and nursery.
            8.   Group day care and day care center.
            9.   Veterinarian clinic provided there is not outside kenneling of animals.
            10.   Retail sales and trade, wholesale, personal services, communication facilities, and warehousing provided:
               a.   There is no storage of a regulated substance.
               b.   The building contains 10,000 square feet of area or less.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any use permitted in subsection (k)(5)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Sections 159.315159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Sections 159.330159.338, except as allowed by section 6) (h) and (i).
         E.   Yard and height regulations. The maximum height and minimum yard requirements shall be the same as the C zoning district.
         F.   Other regulations. Other regulations for Subarea F shall be:
            1.   All parking areas and driving lanes shall be hard surfaced.
            2.   Outdoor product display is prohibited.
            3.   Outdoor storage of parts, equipment, supplies, or similar material is prohibited.
            4.   Outdoor trash dumpster areas shall be screened.
            5.   Off-premise signs are prohibited in all cases except for:
               Multi-Tenant Signs in Commercial Centers:
               a.   One multi-tenant sign shall be allowed within a commercial center to act as a directory for the businesses located within the commercial center.
                  i.    The sign area shall not exceed 200 square feet.
                  ii.    The maximum height shall be 30 feet.
                  iii.    No part of the sign face or structure shall be located in or overlap into the required side or rear yard setbacks or public right-of-way.
            6.   The light from any illuminated sign shall be so shielded, shaded, or directed so that the light intensity shall not adversely affect surrounding or facing premises or the safe vision of operators of vehicles on public roads.
            7.   Access and landscaping plans shall be submitted as part of the Final Development Plan.
      (6)   Subarea G.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Single-family dwellings.
            2.   Horse stable, private recreation facility.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any use permitted in subsection (k)(6)A. above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of Sections 159.315159.319.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of Sections 159.330159.338, except as allowed by section 6) (h) and (i).
         E.   Yard and height regulations. The maximum height and minimum yard requirements shall be the same as the RR zoning district.
         F.   Other regulations. Other regulations for Subarea G shall be:
            1.   Accessory buildings shall not be issued a building permit prior to approval as specified by the restrictive covenant of record.
            2.   The horse stable and private recreation facilities shall be for the use of subarea residents only.
            3.   A berming plan shall be submitted as part of the Final Development Plan for the south side of the three lots in the southeastern portion of the subarea.
   (l)   (PD-12) Mapleton Golf Planned Development. The regulations set forth herein or elsewhere are the district regulations in the Mapleton Golf Planned Development District. (In Sections 23, 25, & 26 T102N-R49W):
      (1)   Subarea.
         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
            1.   Golf Course.
            2.   Golf Clubhouse including restaurant, bar, golf shop and other normal golf club related operational uses.
            3.   Overnight Lodging Accommodations, limited to a total of 24 bedroom units, for rent to golf club members and golf club sponsored guests.
            4.   Maintenance Facility.
            5.   Golf Cart Storage Facility.
            6.   Comfort station.
            7.   Agriculture production limited to crops and pasture.
         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to permitted uses in subsection A. listed above.
         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the C zoning district.
         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the C zoning district.
         E.   Density, area, yard, and height regulations. The same requirements shall apply as in the C zoning district.
         F.   Other regulations. Other regulations shall be:
            1.   Only one driveway access shall be allowed onto Slip Up Creek Road.
            2.   The driveway access onto Slip Up Creek Road requires approval from Minnehaha County Highway Department.
            3.   The hours of operation for the bar shall be between 7:00 a.m. to and 1:00 a.m.
            4.   All outdoor lighting shall be of a full cutoff and fully shielded design to prevent direct spillage of light beyond the property boundaries.
(1992 Code, App. C, § 14.06) (Ord. 20-02, passed 3-18-2002; Ord. 96-18, passed 10-23-2018; Ord. 18-19, passed 2-26-2019; Ord. 68-19, passed 6-25-2019;Ord. 71-22, passed 6-28-2022; Ord. 51-23, passed 6-27-2023 )
WS WATER SOURCE PROTECTION OVERLAY DISTRICT
§ 159.255 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 subchapter. It is not intended that these regulations interfere with, abrogate, or annul any other rules or regulations of this subchapter, except that if the water source protection overlay district imposes a greater restriction than the underlying zoning district regulations, they shall control.
(1992 Code, App. C, § 14A.01) (Ord. 20-02, passed 3-18-2002)
§ 159.256 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 mayor and filed with the county auditor and city clerk. The maps shall have the same force and effect as if they were all fully set forth herein.
(1992 Code, App. C, § 14A.02) (Ord. 20-02, passed 3-18-2002)
§ 159.257 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. C, § 14A.03) (Ord. 20-02, passed 3-18-2002)
§ 159.258 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.
   (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. C, § 14A.04) (Ord. 20-02, passed 3-18-2002)
§ 159.259 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; and
   (l)   Cemetery.
(1992 Code, App. C, § 14A.05) (Ord. 20-02, passed 3-18-2002)
RRC RED ROCK CORRIDOR OVERLAY DISTRICT
§ 159.270 INTENT.
   The Red Rock Corridor Overlay District is a new zoning district which adds development standards and guidelines to the existing base zoning districts. The purpose of this overlay district is to maximize the corridor’s potential development and ensure compatibility with the existing and future land uses. This district is intended to increase the quality of development by applying design and development standards developed by county staff and the Red Rock Corridor task force.
(1992 Code, App. C, § 14B.01) (Ord. 86-11, passed 11-21-2011)
§ 159.271 BOUNDARIES OF DISTRICT.
   The boundaries of the Red Rock Corridor 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 mayor and filed with the county register of deeds. The maps shall have the same force and effect as if they were all fully set forth herein.
(1992 Code, App. C, § 14B.02) (Ord. 86-11, passed 11-21-2011)
§ 159.272 DEVELOPMENT STANDARDS.
   The requirements set forth in this section shall apply to any development or redevelopment of property located within the Red Rock Corridor.
   (a)   Site plan approval required.
      (1)   Purpose. The purpose of the site plan is to show all information needed to enable the planning director and the board of adjustment to determine if the proposed development meets the requirements of this RRC Overlay District and 2002 Revised Joint Zoning Ordinance.
      (2)   Nonresidential/agricultural development; site plan approval required.
         A.   All nonresidential/agricultural development located within the Red Rock Corridor shall require site plan approval. Completed submittals that meet the requirements of this section may be approved administratively by the planning director. The planning director may waive minor requirements based on site conditions for the given property.
         B.   1.   Submittals not able to meet the requirements of this section shall be reviewed by the board of adjustment.
            2.   A written notice shall be sent to all adjacent property owners no less than ten days prior to the board of adjustment’s consideration of a site plan containing a modification or waiver of the requirements.
      (3)   Information required. The site plan shall include the following information concerning the proposed development:
         A.   Names of all persons having an interest in the property, legal description of property, point of compass, scale and date;
         B.   Applicant’s name, address, project location, proposed land use and present zoning, location and names of adjoining subdivisions, the numbers of the adjoining lots therein, and the names and addresses of adjoining landowners;
         C.   If the applicant is other than the legal owner, the applicant’s interest shall be stated; and
         D.   Name and address of persons who prepared the site plan.
      (4)   Required illustrations. The site plan shall clearly set forth the following information concerning the proposed development:
         A.   Property boundary lines, dimensions and total area of the proposed development;
         B.   The proposed use of building materials, location, size, height, shape, use, elevation, building sign type and illustration of all buildings or structures in the proposed development;
         C.   1.   Location of the proposed on-site wastewater system; and
            2.   All on-site wastewater systems shall be constructed and operated in conformance with state regulations and with the Minnehaha County on-site wastewater treatment ordinance. No dumping of any wastewater shall be allowed at the site unless disposed into a properly sized and maintained wastewater system.
         D.   The total square footage of building floor area, both individually and collectively in the proposed development;
         E.   Existing buildings, rights-of-way, street improvements, railroads, utility easements, drainage courses, streams and wooded areas;
         F.   Location, number, dimensions and design of off-street parking in the proposed development, including:
            1.   Driveways, islands and planters;
            2.   Striping and curbs;
            3.   Loading facilities;
            4.   Type and location of lighting; and
            5.   Surface treatment.
         G.   Facilities for the collection and disposal of garbage and trash and screening structures;
         H.   Walls, fences or other artificial screens to be used as buffers shall be shown in elevation and prospective with proposed height and structural material indicated;
         I.   Location and type of all plants, grass, trees or ground cover to be used in the landscape. Landscaping to be used for screening purposes shall be illustrated with the size of trees to be planted clearly indicated. The planting location shall not adversely affect utility easements or service lines. On all site plans, the following requirements shall be met:
            1.   Implementation. The landscaping plan shall be submitted for approval as part of site plan submittal. The landscaping plan is to show the following information in accordance with the requirements of division (a)(3) above.
               a.   Location of trees;
               b.   Size and species of trees; and
               c.   Number of each size and species of trees.
            2.   Approval of landscaping. Landscaping is to be in place at the start of operation. Should completion of landscaping be delayed because of the season of year, extension of time may be granted by the planning director;
            3.   Maintenance. All landscaping, buffering and screening shall be maintained at all times to conform to the regulations established in this chapter. Landscaping which is not maintained in a manner consistent with this chapter shall be replaced, as follows:
               a.   Replacement includes, but is not limited to, replacing plants damaged by insects, soil conditions, disease, vehicular traffic, vandalism and acts of nature; and
               b.   Replacement landscaping shall be installed following notification by the planning director that a violation of this chapter has occurred or proper guarantees provided.
   (b)   Exterior building materials; color. Exterior colors shall be low reflectance, subtle and of earth tone colors. The use of high-intensity fluorescent colors is prohibited.
   (c)   Signs.
      (1)   A.   On-premises signage within the Red Rock Corridor shall be regulated in conformance with the provisions of §§ 159.330 through 159.338, except for:
         B.   Only monument signs shall be allowed as freestanding signs when:
            1.   The sign area shall not exceed 200 square feet; and
            2.   The maximum height shall be ten feet.
      (2)   Off-premises signage is prohibited in all cases except for:
         A.   Multitenant signs in commercial centers.
            1.   One multitenant sign shall be allowed within a commercial center to act as a directory for the businesses located within the commercial center.
               a.   The sign area shall not exceed 200 square feet.
               b.   The maximum height shall be 30 feet.
               c.   No part of the sign face or structure shall be located in or overlap into the required side or rear yard setbacks or public right-of-way.
               d.   The light from any illuminated sign shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises or the safe vision of operators of vehicles on public roads.
         B.   Directional sign. In conformance with the provisions of § 159.351.
         C.   Maintenance and removal. Every 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 the sign at the owner’s expense.
         D.   Permit fees. Every applicant, before being granted a permit, shall pay a fee. For any sign erected or placed without a permit, the fee shall be double the established fee.
   (d)   Buffer requirements.
      (1)   A buffer or other form of visual screening shall be provided when certain identified land uses or districts abut other identified land uses or districts.
         A.   The uses or districts necessitating a buffer as defined in this section are identified in Table 1. A buffer should be provided between any nonresidential and residential use, except for when agricultural and residential uses abut.
         B.   Any outdoor storage area and/or garbage storage.
      (2)   Where required, the buffer shall consist of the widths identified in Table 1 and Table 2. Materials required in each buffer are identified in Table 3.
      (3)   For each bufferyard, the required materials in Table 3 shall be spaced evenly on center to the length of the required bufferyard.
 
Table 1: Bufferyards (width in feet)
Neighboring Use
Developed Use
Agricultural
Residential
Commercial
Industrial
Agricultural
Commercial
30
15
10
Industrial
40
20
15
Residential
 
 
Table 2: Specific Use Bufferyards (width in feet)
Neighboring Use
Developed Use
Parks
Schools
Agricultural
Commercial
30
30
Industrial
40
50
Residential
 
Table 3: Bufferyard Materials
Buffer Width
Required Materials Per 100 Linear Feet*
Table 3: Bufferyard Materials
Buffer Width
Required Materials Per 100 Linear Feet*
10 feet wide
4 trees
15 feet wide
5 trees
20 feet wide
6 trees
25 feet wide
7 trees
30 feet wide
8 trees
35 feet wide
9 trees
40 feet wide
10 trees
50 feet wide
12 trees
*   All commercial uses which are allowed within the industrial zoned areas must meet the requirements set forth within the industrial zoning districts.
 
   (e)   Fencing.
      (1)   The location of the fence within the bufferyard shall be determined between the applicant and the adjacent property owners.
      (2)   The “good side” of the fence shall always face the adjacent properties.
      (3)   The fence shall be six feet in height, opaque and constructed of treated wood, polyvinyl chloride (PVC), galvanized or vinyl-coated chain-link fence with privacy slats of an earth tone color (90% opacity required). Posts shall be anchored appropriately for material used and designed to support fence height.
   (f)   Lighting. All lighting used for illumination outdoors shall be arranged so as to deflect light away from any adjoining property and from public streets through full cut-off fixture type and location (i.e., there should be no light trespass).
   (g)   Parking.
      (1)   All parking within the Red Rock Corridor shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.
      (2)   The planning director may require a buffer if vehicle headlights from any vehicles entering, parking, standing or exiting would shine onto residentially used property. If the site cannot be screened from residentially used property, the hours of operation may be restricted to preclude operation between the hours of 10:00 p.m. and 6:00 a.m., or any portion thereof as determined by the planning director.
(1992 Code, App. C, § 14B.03) (Ord. 86-11, passed 11-21-2011)
§ 159.273 VARIANCE.
   Application for a variance may be made to the zoning board of adjustment as outlined in §§ 159.425 through 159.434.
(1992 Code, App. C, § 14B.04) (Ord. 86-11, passed 11-21-2011)
ADDITIONAL USE REGULATIONS
§ 159.285 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 such a fence may not be more than 30% solid if located within 30 feet of a street intersection, measuring along the property line.
   (b)   (1)   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.
      (2)   Exceptions.
         A.   Fences up to six feet in height may be placed in the side-street-side front yard where:
            1.   The side-street-side front yard abuts an arterial street shown on the major street plan;
            2.   The side-street-side front yard is not adjacent to a side yard;
            3.   The fence is located no closer to the front yard than the rear wall of the main building; and
            4.   No driveways exit on to the arterial street.
         B.   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. C, § 15.01) (Ord. 20-02, passed 3-18-2002)
§ 159.286 ADULT USES.
   (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 1,320 feet of a residence, residential district, public playground, child welfare agency, place of worship, private or public school meeting all the requirements of the Compulsory Education Laws of the State of South Dakota, or public recreation facility:
      (1)   Adult bookstore and/or video/DVD store;
      (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, bar, lounge or tavern;
      (5)   Any use intended to provide adult amusement or entertainment; and
      (6)   Adult mini motion picture theater.
   (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 and/or video/DVD store;
      (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, bar, lounge or tavern;
      (5)   Any use intended to provide adult amusement or entertainment;
      (6)   Bar;
      (7)   Liquor store; and
      (8)   Adult mini motion picture theater.
   (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.
   (e)   None of the uses listed in division (b) above may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon on Sunday.
(1992 Code, App. C, § 15.02) (Ord. 20-02, passed 3-18-2002; Ord. 104-08, passed 8-18-2008)
§ 159.287 WIND ENERGY CONVERSION SYSTEMS.
   The regulations regarding wind energy conversion systems (hereafter referred to as WECS) shall be as follows.
   (a)   Limited use. No WECS installed in accordance with the requirements of these regulations shall generate power as a commercial enterprise as defined by the public utility commission.
   (b)   Setback requirements.
      (1)   The minimum distance between the property line, overhead utility lines or another wind turban, and any tower support base of a WECS shall be equal to the proposed tower height (plus the radius of the rotor for the horizontal access machines).
      (2)   Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the planning commissions for their approval.
   (c)   Tower access. Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, or by limiting tower climbing apparatus so there is access to it no lower than 12 feet from the ground.
   (d)   Electromagnetic interference. If a WECS is installed in any location along or within the major access of an existing microwave communications link, the person desiring to install the WECS shall be required to provide a letter from the business whose link they are within or adjacent to stating that the business whose link is affected would have no objection to the installation of the WECS.
   (e)   Air space. A WECS shall be located or installed in compliance with the guidelines of the Federal Aviation Administration Regulations with regard to airport approach zones and clearance around VOR stations.
   (f)   Interconnect. The WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company.
(1992 Code, App. C, § 15.03) (Ord. 20-02, passed 3-18-2002)
§ 159.288 HOME OCCUPATIONS.
   The regulations regarding home occupations shall be as follows.
   (a)   The occupation must be conducted within a dwelling.
   (b)   The occupation must be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes.
   (c)   Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.
   (d)   The entrance to the space devoted to the occupation must be from within the building.
   (e)   There shall be no display of products visible in any manner when viewed from outside the dwelling.
   (f)   No advertising or display signs shall be permitted other than a nameplate attached to the dwelling. The nameplate shall not be illuminated and shall not be more than two square feet in area. No off- premises signs shall be used.
   (g)   The occupations shall not required substantial internal or external alterations or involve construction features not customary in a dwelling.
   (h)   No merchandise, including samples, can be sold on the premises.
   (i)   The occupation shall not generate more than four visits per day from clients, customers and delivery vehicles. Delivery vehicles shall be limited to auto, pickup or service truck.
   (j)   The occupation shall not result in additional off-street parking spaces for clients or customers.
   (k)   Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited.
   (l)   No equipment or process shall be used in the occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.
   (m)   No equipment or process shall be used in the occupation which creates visual or audible electrical interference in any radio or television receiver or causes fluctuation in line voltage off the property.
   (n)   A zoning permit shall be secured for all home occupations in conformance with the procedure outlined in §§ 159.465 through 159.474.
(1992 Code, App. C, § 15.04) (Ord. 20-02, passed 3-18-2002)
§ 159.289 MINERAL EXPLORATION AND DEVELOPMENT.
   The regulations regarding mineral exploration and development shall be as follows:
   (a)   Exploration for minerals may be approved by conditional use permit only as long as the following minimum requirements are met:
      (1)   The applicant shall provide:
         A.   A description of the mineral or minerals which are the subject of the exploration;
         B.   Maps showing the general area within which the exploration operation will be conducted;
         C.   A detailed description of the regional environmental conditions, to include surface land use and vegetation, as well as a detailed description of the area’s geologic formations and hydrology from the best available scientific sources;
         D.   Maps indicating the location of the drill sites to the nearest section of land, a technical description of the exploration process, the types of equipment to be used, and the estimated time table for each phase of work and for final completion of the program;
         E.   A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the proposed exploration;
         F.   A description of the proposed plan to address the identified environmental impacts to include all measures to be taken to prevent soil erosion, water contamination, air contamination, disruption of the areas ecological balance, and any other related hazard to public health and safety;
         G.   A plan for reclamation of the land to its original condition after exploration is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources and the proposed future use of the lands explored and adjacent lands. The reclamation plans include:
            1.   Reclamation schedule;
            2.   Methods of plugging drill holes;
            3.   Methods of severing and returning topsoil and subsoil;
            4.   Methods of grading, backfilling and contouring of exploration sites and access roads;
            5.   Methods of waste management and disposal, including liquid and solid wastes; and
            6.   Methods of revegetation.
         H.   A surety performance bond in an amount to be determined by the city council and board of county commissioners to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of the affected ground and surface waters. The amount shall be set by the city council and board of county commissioners based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after exploration has ceased unless the governing bodies find for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the surety bond may be reduced by the governing bodies, if a bond is held by the state for the same purpose, by the same amount of the latter bond.
      (2)   The applicant shall identify specific phases when monitoring and inspection of the exploration activities shall be conducted by city, county, state, federal or independent personnel to assure compliance with all applicable rules and regulations. If a conditional use permit is granted, the permit shall identify the inspection agency and it shall be the responsibility of the applicant to notify the agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the governing bodies; and
      (3)   A conditional use permit shall be issued only after all of the conditions specified herein have been met. Evidence of violation of the regulations, including, but not limited to, air and water contamination, shall be cause for an immediate cessation of exploration activities.
   (b)   Mineral extraction and/or mining may be approved by conditional use permit only as long as the following minimum requirements are met:
      (1)   The applicant shall provide:
         A.   A description of the mineral or minerals to be mined or milled;
         B.   Maps showing the area within which the mining or milling operations will be conducted;
         C.   A description of the surface land use and vegetation, as well as a description of the nature and depth of the top soil and subsoil;
         D.   An environmental assessment which establishes base line conditions for radioactive intoxicant materials and air, ground and surface waters, soils, vegetation and animals;
         E.   A description of the overburden, mineral seams and other geologic formations, their conductivities and hydraulic gradients, known to exist above the deepest projected depth of the mining operation;
         F.   A description of the hydrology to the deepest projected depth of the mining operation, including mapping of the depth, water table level, extent and flow characteristics of groundwater and aquifers for the hydrologic regime of the groundwater and drainage basins affected by the mining or milling operation;
         G.   A technical description of the mining or milling, types of equipment to be used, detailed site plan of all anticipated construction, an estimated timetable for each phase of work and for final completion of the program, a statement of source, quality and quantity of water to be used in the mining or milling operations, as well as the chemical and radioactive characteristics of all mined or milled products, waste products and emissions to the environment;
         H.   A description of the major environmental impacts upon air quality, water quality and quantity and land use modification presented by the mining or milling operations;
         I.   A description of the proposed plan to address the identified environmental impacts to include:
            1.   Methods of separating the topsoil, subsoil and soil piles, protecting them from erosion before reclamation begins, and keeping the topsoil free from acid or toxic materials;
            2.   Plan for ensuring that acid forming or toxic materials constituting a hazard uncovered or created during mining or milling are promptly treated in a manner to prevent water and air contamination;
            3.   Measures to maintain the quantity and quality of ground and surface water, hydrologic balance, productivity of farmland, and soil and water recharge capacity; and
            4.   Procedures to prevent water and air contamination through radioactive or toxic seepage of runoff from tailings, ponds, mine wastes, mine dewatering discharge or other mining and milling related operations.
         J.   A plan for the reclamation of the land after mining is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources, and the proposed future use of the lands mined and adjacent lands, and shall include:
            1.   A reclamation schedule;
            2.   Methods of grading, backfilling and contouring of disturbed areas and access roads;
            3.   Methods of waste management and disposal, including liquid and solid wastes; and
            4.   Methods of revegetation.
         K.   A surety performance bond in an amount to be determined by the city council and board of county commissioners to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of affected ground and surface waters. The amount shall be set by the city council and board of county commissioners based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after mining and milling has ceased unless the governing bodies find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the bond may be reduced by the commissioners if a bond is held by the State of South Dakota for the same purpose, by the same amount of the latter bond.
      (2)   The applicant shall identify specific phases when monitoring and inspection of the mining and milling process shall be conducted by city, county, state, federal or independent personnel to assure compliance with all applicable rules and regulations. If the conditional use permit is granted, the permit shall identify the inspection agency and it shall be the responsibility of the applicant to notify the agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the governing bodies.
      (3)   A conditional use permit shall be issued only after all conditions specified therein have been met. Evidence of violation of the regulations, including but not limited to air and water contamination, shall be cause for an immediate cessation of the mining and milling.
   (c)   Solution mining and/or in situ mining of an ore body with the circulation of chemicals through injection and recovery wells for minerals is prohibited.
(1992 Code, App. C, § 15.05) (Ord. 20-02, passed 3-18-2002)
§ 159.290 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 then 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 § 159.486 must be located in conformance with these requirements.
(1992 Code, App. C, § 15.06) (Ord. 20-02, passed 3-18-2002)
§ 159.291 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, RC, 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 § 159.288; 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 10' 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 3' 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 be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings 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 be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings unless a conditional use permit has been approved; and
      (3)   In a planned development district, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 1. Total Permissible Area of Accessory Buildings unless a minor amendment has been approved.
 
Table 1
Total Permissible Area of Accessory Buildings
Size of Parcel
Total Permissible Area
of Accessory Building Footprint
1.0 acres or less
1,600 Square Feet
1.1 to 3.0 acres
2,400 Square Feet
3.1 acres or more
3,600 Square Feet
 
   (e)   Intermodal shipping/storage containers. An intermodal shipping/storage container larger than 120 square feet in size and placed on a parcel for longer than 90 days or used as a building component is a permanent accessory building allowed in the following manner:
      (1)   General requirements for permanent freestanding intermodal shipping/storage containers.
         A.   All other accessory building rules and setback requirements must be met.
         B.   An engineered design for a foundation and anchorage system of the wall to the foundation must be provided when a permanent intermodal shipping/storage container meets or exceeds any of the following criteria:
            1.   Exceeds 320 square feet in floor area; or
            2.   Exceeds ten feet in height; or
            3.   Is used for any purpose other than as a private storage building; or
            4.   Is accessed by the public; or
            5.   Must meet conditions attached to approval of any conditional use permit.
         C.   Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
         D.   No permanent freestanding intermodal shipping/storage container may be placed on a parcel without a principal building.
         E.   Any intermodal shipping/storage container placed before the effective date of this section must comply with the provision of this section if the intermodal shipping/storage container is to remain longer than 90 days.
      (2)   General requirements for intermodal shipping/storage containers used as building components.
         A.   An engineer must evaluate the plans for compliance with minimum site-specific wind, snow, flood, and seismic load requirements any time one or more shipping containers are used as components of a structure.
         B.   Structure must comply with any zoning and setback requirements for the zoning district.
         C.   Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
      (3)   In A-1 Agricultural and RC Recreation/Conservation Zoning Districts.
         A.   Parcels three acres or less in size are limited to no more than one intermodal shipping/storage container to be permitted on a parcel unless a conditional use permit is obtained to allow additional intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
         B.   Structures must comply with any zoning and setback requirements for the zoning district.
      (4)   In all residential zoning districts, no more than one intermodal shipping/storage container shall be permitted on a parcel unless a conditional use permit is obtained to allow additional freestanding intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
      (5)   In all industrial and commercial zoning districts, permanent freestanding intermodal shipping/storage containers must be placed behind the principal building or behind a six-foot-tall opaque privacy fence, unless the intermodal shipping/storage container is used in whole or as a component of the principal building.
      (6)   A freestanding intermodal shipping/storage container may be placed temporarily in any zoning district for longer than 90 days while an active building permit is issued for the property.
(1992 Code, App. C, § 15.07) (Ord. 20-02, passed 3-18-2002; Ord. 4-18, passed 1-23-2018; Ord. 24-24, passed 3-26-2024)
§ 159.292 SALVAGE OPERATION OR JUNKYARD.
   A business may be operated within a permanent building which complies with the adopted building code, or in a yard enclosed by a solid fence, which must totally screen the salvage material from view from outside the property. The fence must extend from grade level to a height equaling the maximum height to which fences may be built under § 159.285 for the district where the property is located.
(1992 Code, App. C, § 15.08) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009)
§ 159.293 TRAFFIC VISIBILITY.
   (a)   There shall be no obstructions, such as buildings, structures, grain bins, baled agricultural products, farm machinery, vehicles or other objects, not including vegetation, within 50 feet from a state, county or section line highway right-of-way or 30 feet from a platted right-of-way.
   (b)   Traffic visibility triangle requirements.
      (1)   At every intersection of two roads or a road and a railroad right-of-way, there shall be a traffic visibility triangle. Within the triangle, no obstructions such as structures, parking or vegetation shall be allowed between two and one-half feet and ten feet above the elevation of the roadway. Agricultural crops, such as corn, are exempt from this regulation. Fences shall conform to § 159.285.
      (2)   The traffic visibility triangles shall be formed by the intersection centerlines and a line connecting points on the centerlines of the intersection roads or railroad right-of-way 100 feet distant from the intersecting centerlines.
(1992 Code, App. C, § 15.10) (Ord. 20-02, passed 3-18-2002; Ord. 126-07, passed 7-16-2007)
§ 159.294 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) 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. 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. 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. C, § 15.11) (Ord. 20-02, passed 3-18-2002)
§ 159.295 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 the 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. C, § 15.12) (Ord. 20-02, passed 3-18-2002)
§ 159.296 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 centerline 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 must be based on runway length as set forth in § 77.27 of Part 77 of the Federal Aviation Regulations.
(1992 Code, App. C, § 15.13) (Ord. 20-02, passed 3-18-2002)
§ 159.297 ROCK, SAND AND GRAVEL EXTRACTION.
   (a)   Intent.
      (1)   This section addresses the application, review and regulation of extraction and on-site processing of rock, sand and gravel. An applicant must meet certain requirements as specified in division (c) below when filing for a conditional use permit in addition to the general requirements contained in other sections of the zoning regulations.
      (2)   The developmental and operational criteria contained in division (f) below are intended to assist in the formulation of conditions to be imposed on individual extraction operations. The criteria have been designed to eliminate potential health risks and minimize the adverse impact on other land uses due to extraction operations.
      (3)   The county and city will have the discretion of requiring more or less stringent conditions based upon the location of a proposed operation. It is also recognized that the operations will not be appropriate throughout all areas of the joint zoning jurisdiction.
   (b)   Submission of application. The application for rock, sand or gravel extraction shall be filed with the office of planning and zoning on the prescribed conditional use form at least 30 days in advance of a regularly scheduled joint meeting of the planning commissions.
   (c)   Application. The conditional use application shall be accompanied by the following:
      (1)   Maps showing the area within which the extraction operations will be conducted, including areas to be disturbed, setbacks from property lines and the location of all structures, equipment and access and haul roads;
      (2)   A description of the surface land use and vegetation, including all pertinent physical characteristics;
      (3)   A hydrologic study which shall include all available information from the State Geological Survey and other information pertinent to the application. If the applicant believes a study is not warranted, documentation shall accompany the application in support of this position;
      (4)   A reclamation plan which takes into consideration the criteria listed in division (f) below, reclamation; and
      (5)   The applicant shall meet with the township supervisors of the affected township to discuss repair and maintenance responsibilities on township roads to be used as haul routes. A summary of the meeting(s) shall be presented with the application.
   (d)   Fee. If a conditional use permit is granted, the operator shall pay to the county an annual fee of $10 per acre of land which is being disturbed by the extraction activities and has not been reclaimed. The fee shall be used to defray the direct and indirect costs associated with general administration and enforcement of this section. The fee shall be payable by January 20 of each year and deposited in the general fund of the county. The disturbed land area existing on January 1 of each year shall be used in calculating the fee.
   (e)   Notification requirements. In addition to the notification requirements of §§ 159.390 through 159.399, the planning director shall notify by United States mail all property owners of record within one mile of the proposed conditional use area or the owners of the 30 properties nearest to the affected property, whichever affects the least number of owners, of the time, date, place and purpose of the public hearing. The notice shall be mailed not less than 15 days prior to the public hearing.
   (f)   Developmental and operational criteria. The following criteria shall be considered in developing conditions for applications involving rock, sand and gravel extractions. More stringent requirements may be imposed by the county and city or the applicant may present arguments to relax the requirements based on specific characteristics of the site.
      (1)   Buffer area. A minimum distance of 1,000 feet should be maintained between an existing residence and a rock, sand or gravel operation, except in those instances when the operator secures a waiver from the affected landowner.
      (2)   Hours of operation.
         A.   Monday through Friday, 7:00 a.m. to 6:00 p.m., Saturday, 8:00 a.m. to 12:00 noon. Operations should not be conducted on legal holidays. Activities such as office or maintenance operations which produce no noise off-site should not be restricted by the hours of operation.
         B.   Blasting should be scheduled on weekdays at 12:00 noon. There should be no blasting on legal holidays. Area residents should be notified of the date and time of each blast.
      (3)   Visual considerations.
         A.   Earth berms and vegetation should be employed to minimize visual impacts and reduce the effects of noise.
         B.   The need for and placement of berms should be determined by the orientation and position of the excavation site with respect to residences and roadways. Berms should be located in such a way as to restrict the public’s view of the property. Consideration should be given to placing the berms as close to the public point of view as practical. Generally, berms should be six feet in height and seeded immediately after construction to avoid soil erosion. Berms should be maintained and kept reasonably free of weeds.
         C.   The operator should work with the county conservation district and county planning director to develop a planting program. Consideration should be given to planting one or more of the following: evergreen, Russian olive, ash, caragana, crab apple, lilac and buffalo berry. The plants should be properly cared for to ensure the highest survival rate and all dead plants replaced during the current planting season. As a minimum, the program should include trees of varying maturity. The planting program should be reduced to writing and kept on file in the county planning department.
         D.   At a minimum, berms should be constructed prior to blasting or the extraction of rock, sand or gravel.
      (4)   Blasting. Ground vibration and over pressure (air blast) should be monitored for each blast and not exceed guidelines established by the U.S. Bureau of Mines.
      (5)   Noise.
         A.   The noise level produced from rock, sand and gravel operations should not exceed an average of 55 decibels recorded over a ten-minute period measured at the nearest existing residence to the extraction operation.
         B.   Off-site activities which contribute to background noise levels should be taken into consideration when monitoring an operation. Blasting should not be recorded as part of the noise level.
      (6)   Air quality.
         A.   Air quality monitoring should be conducted at the operator’s expense when conditions warrant.
         B.   Ambient air quality: total suspended particulate matter–150 micrograms per cubic meter of air as a 24-hour average not to be exceeded more than once per year, and 60 micrograms per cubic meter of air as an arithmetic mean; PM10 (ten micrometers or less in size) consistent with the regulations of the state.
         C.   Employ techniques that minimize the release of particulate matter created by material stockpiles, vehicular movement and process operations.
         D.   Dust control agents should be applied to township gravel roads designated as haul routes and all driving surfaces within the extraction area.
      (7)   Hydrology, dewatering and drainage.
         A.   Existing wells should be monitored at the operator’s expense to document changes in hydrologic conditions around extraction sites.
         B.   Dewatering of the extraction site should not result in downstream flooding.
         C.   Berms should not interrupt the natural drainage of the area, unless the diversion is part of an approved drainage control system.
      (8)   Haul roads.
         A.   In order to minimize the negative impact of truck traffic on area residents, extraction operations should be located on or near existing hard surfaced roads. Consideration should be given to the number of residents located along gravel surfaced roads intended for use as haul roads.
         B.   Identify repair and maintenance responsibilities through a haul road agreement.
         C.   Consider the potential impact on county highways to be used as haul routes.
      (9)   Operator surety.
         A.   A surety performance bond may be required in an amount to be determined by the planning commissions to assure that sufficient funds will be available to protect the county and city in the event the operator abandons a site without completing the conditions imposed by the conditional use permit, including reclamation, fulfillment of the agreement with the township concerning repair of designated haul roads and, if necessary, decontamination of affected ground and surface waters.
         B.   In lieu of the required surety, the operator may deposit cash with the county in the amount equal to the required surety.
      (10)   Reclamation.
         A.   The type and extent of reclamation should be based on the type of material extracted on the intended post-mining land use, but in all cases the reclamation procedures should result in the rehabilitation of affected land through contouring and soil stabilization, revegetation and other appropriate means so as to create the least amount of unsightliness and most appropriate future use of the reclaimed area. Bodies of water may be incorporated into an acceptable reclamation plan.
         B.   Provide maps, including cross sections, showing the existing natural topography and anticipated topographic conditions upon completion of reclamation.
         C.   Grading should achieve a contour that is most beneficial to the proposed future land use. All berms should be removed where sand and gravel operations were conducted. In most cases involving quarry operations, the berms should remain in place unless their removal would serve a more useful purpose.
         D.   Topsoil should remain on-site and be used during reclamation.
         E.   A seeding and revegetation plan should be developed for the affected area in consultation with the county conservation district.
         F.   All required reclamation activities should be completed and a compliance inspection performed by the county planning director prior to the release of the surety.
      (11)   Additional considerations.
         A.   The maximum height of a bench in a quarry should be 30 feet.
         B.   The property should be secured during nonworking hours by means of gates and fencing. The property should continue to be secured until all required reclamation activities have been completed.
(1992 Code, App. C, § 15.14) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003)
§ 159.298 TELECOMMUNICATIONS TOWERS, ANTENNA SUPPORT STRUCTURES AND WIRELESS COMMUNICATIONS FACILITIES.
   (a)   Intent. Regulations regarding development of telecommunications towers, antenna support structures and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction and modification of telecommunications towers, antenna support structures and wireless communications facilities. The specific intent of this section is:
      (1)   To regulate the location of telecommunications towers, antenna support structures and wireless communications facilities;
      (2)   To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities;
      (3)   To minimize adverse visual impact of telecommunications towers, antenna support structures and wireless communications facilities through careful design, siting, landscaping and innovative camouflaging techniques;
      (4)   To promote and encourage shared use/co-location of telecommunications towers, antenna support structures and wireless communications facilities;
      (5)   To avoid potential damage to property caused by telecommunications towers, antenna support structure and wireless communications facilities by ensuring that the structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or when determined to be structurally unsound;
      (6)   To ensure that telecommunications towers, antenna support structures and wireless communications facilities are compatible with surrounding land uses;
      (7)   To facilitate the provision of wireless communications services to residents and businesses in an orderly fashion; and
      (8)   To promote the location of telecommunications towers in nonresidential areas.
   (b)   Application required. The following item must be satisfactorily addressed in a formal application to obtain a building permit at any given location in any zoning district: compliance with all applicable building codes, Federal Aviation Administration Regulations and § 159.296.
   (c)   Location/setbacks.
      (1)   Where a telecommunications tower is located within 300 feet of any residential zoning district, existing residential use except a farmstead, or future residential area designated on the adopted land use plan, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line is not less than the proposed height of the tower.
      (2)   Where a telecommunications tower is required to meet Federal Aviation Administration paint and/or lighting regulations, the distance between the telecommunications tower and any residential zoning district or use, or any recreation/conservation district, shall not be less than one-half mile.
   (d)   Design character.
      (1)   Telecommunications towers and antenna support structure design shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures.
      (2)   Telecommunications towers shall be protected from corrosion or rusting, and if painted, be a neutral color, unless otherwise required by the Federal Aviation Administration.
   (e)   Stealth. Telecommunications towers in any nonresidential district where located within 300 feet of a residential zoning district or existing residential use except a farmstead shall be monopole design.
   (f)   Interference with public safety radio services. In order to ensure that public safety radio services will be free from harmful or destructive interference, any applicant requesting a permit to site a telecommunications tower, antenna support structure or wireless communications facility shall provide documented Federal Communications Commission approval prior to permit issuance.
   (g)   Illumination. Telecommunications towers shall not be artificially lighted except as required by the Federal Aviation Administration.
   (h)   Maintenance.
      (1)   All telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in good condition, order and repair so that they shall not endanger the life or property of any person.
      (2)   Telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard EIA/TIA 222 (latest revision), all applicable laws, and so as not to interfere with the use of other property. Upon the county planning director’s determination that a tower structure is a hazard to public safety, the owner shall be required to perform an inspection by a registered professional engineer and make all recommended corrections.
      (3)   All maintenance or construction on telecommunications towers, antenna support structures and wireless communications facilities shall be performed by persons employed by, or under contract to the owner.
      (4)   If an owner discontinues use of a telecommunications tower, or if an owner files notice with the Federal Communications Commission of its intent to cease operating the tower, the owner shall give written notice to the county planning director of the date of the discontinuance.
   (i)   Abandonment.
      (1)   If the county receives notice of discontinuance, or if any telecommunications tower is not used for 365 consecutive days, the owner may be notified that a determination of abandonment has been made. If, within 30 days of receipt of notice, the owner fails to show that the tower has been in use or under repair during the period, the county planning director may determine that the site has been abandoned.
      (2)   Within 75 days of notice of the determination of abandonment, the owner shall remove the tower from the site. If an owner fails to do so, the county may remove the tower and recover the cost from the owner.
   (j)   When conditional use permit required for approval of telecommunication towers and antenna support structures. Where a conditional use permit is required for approval of telecommunication towers and antenna support structures, the following will be considered.
      (1)   Design character.
         A.   Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.
         B.   Wireless communications facilities on new telecommunications tower structures, antenna support structures or co-located on existing telecommunications towers shall minimize visual impact.
      (2)   Screening.
         A.   A telecommunications tower site and tower base adjacent to residential property, except when located in a farmstead, shall be provided with a fence, wall, berm or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.
         B.   Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.
      (3)   Fencing. Adjacent to a residentially used or zoned property, natural materials shall be used for fence screening. If chain-link fencing is needed for safety and security, additional landscape screening shall be required outside the chain-link fence to screen public view of the telecommunications tower site.
(1992 Code, App. C, § 15.15) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009)
§ 159.299 BROADCAST TOWER.
   (a)   Location of the tower shall be done with consideration for public safety in the event that the tower would fall, and to minimize adverse visual impact of broadcast towers through careful design, siting and screening.
   (b)   Care should be taken to avoid interference with any similar broadcast use and in no event shall the tower be located in any airport approach zone.
   (c)   The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
(1992 Code, App. C, § 15.15-1) (Ord. 76-09, passed 8-17-2009)
§ 159.300 TEMPORARY USES.
   (a)   Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
   (b)   Permit required. No person shall operate a temporary use without first obtaining a permit therefor from the county planning department as prescribed in this section. If an objection is filed pursuant to division (f) below or if the county planning department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the planning commissions for action. A date for public hearing shall be set at which time the county and city planning commissions shall meet jointly to consider the application. At the joint meeting, the planning commissions shall decide by a vote of each body whether to grant the temporary use permit. When the planning commissions are not in agreement, the application shall be considered denied.
   (c)   Applications.
      (1)   Submission deadline. All applications for a temporary use permit shall be made to the county planning department at least 60 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
      (2)   Temporary use plan. All temporary uses shall be subject to approval of a temporary use plan. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and such other information in sufficient detail as the county planning department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
   (d)   Fee. A fee of $250 shall accompany the application for a temporary use permit.
   (e)   Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:
      (1)   The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety and general welfare;
      (2)   The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use;
      (3)   The site is adequate to accommodate the proposed use, including the provision for on and off-site parking;
      (4)   Adequate sanitation facilities will be available on the site;
      (5)   The time period and hours of operation for the temporary use are clearly specified;
      (6)   Provision is made for the removal, cleanup and restoration of the site;
      (7)   The temporary use will not adversely impact the natural environment;
      (8)   The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property; and
      (9)   All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.
   (f)   Notice. The county planning department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the city planning department. The notice shall be sent at least 14 days before the county planning department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the county planning department makes its determination regarding the application, the application shall be referred to the planning commissions for action.
   (g)   Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.
   (h)   Appeal of planning department or planning commission decision. Any person aggrieved by an action of the county planning department in granting, denying, revoking or suspending a temporary use permit may appeal the action to the planning commissions. The appeal shall be in writing and filed with the county planning department within five working days of the decision. The action of the planning commissions may be appealed to the board of county commissioners and city council in the same manner.
   (i)   Hearing by board and city council. In the case of an appeal of a decision of the planning commissions, a date for public hearing shall be set at which time the board of county commissioners and city council shall meet jointly to consider the temporary use application. At the joint meeting, the board of county commissioners and city council shall decide by a vote of each body whether to grant the temporary use permit.
   (j)   Exemptions. The following uses shall not require a temporary use permit:
      (1)   Estate or real estate sales involving the property or items from the property where the sale is held;
      (2)   Garage, yard or rummage sales provided:
         A.   Sales last not longer than three days;
         B.   Sales are held no more than twice yearly; and
         C.   Sales are conducted on the owner’s property or one of the owner’s properties in case of a multi-party sale.
      (3)   Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for the use of the property or attendance is involved.
      (4)   An intermodal shipping/storage container placed on a parcel for fewer than 90 days.
(1992 Code, App. C, § 15.16) (Ord. 20-02, passed 3-18-2002; Ord. 104-05, passed 10-17-2005; Ord. 24-24, passed 3-26-2024)
§ 159.301 VEHICLES AND EQUIPMENT RESTRICTIONS.
   (a)   Intent.
      (1)   It is the intent of this section to limit the impact of commercial vehicles and equipment, recreational vehicles and agricultural vehicles and equipment upon those areas of the county in which the land use is residential or agricultural in nature. Fire, law enforcement, emergency vehicles and those vehicles designed for persons with disability are exempt from this section of the chapter.
      (2)   This section shall apply to the agricultural, recreation/conservation and residential zoning districts. Commercial vehicles, agricultural vehicles, recreational vehicles and equipment are prohibited unless in compliance with this section.
   (b)   Commercial vehicles and equipment. It is not the purpose of the section to prohibit commercial vehicles as described herein from residential parcels when actually engaged in a business activity which requires their presence for a specific purpose and limited time period.
      (1)   One commercial vehicle per resident, not to exceed a maximum of two commercial vehicles, shall be permitted on a property with an occupied residence provided that:
         A.   In a residential development area, the vehicle shall be currently licensed, fully functional, and have a gross vehicle weight of 12,000 pounds or less and not exceed 22 feet in length. Exclusive of a residential development area, the vehicle shall be currently licensed, fully functional, and have a gross vehicle weight of 26,000 pounds or less and not exceed 22 feet in length;
         B.   A semi-tractor is exempt from the gross vehicle weight requirement for division (b)(1)A. above;
         C.   The vehicle shall be operated by a person residing on the premises, and shall provide primary transportation for the resident to and from their place of employment;
         D.   The vehicle shall not be parked or stored within the right-of-way; and
         E.   No attached vehicle, equipment or trailer shall be allowed.
      (2)   Commercial vehicles and equipment that are currently licensed (if required) and fully functional and are in use as part of a permitted construction project shall be allowed for the duration of the project. Should the construction project cease for a period of six months, the commercial vehicles and equipment shall be removed from the property. Commercial vehicles and equipment shall not be stored or parked for longer than 72 hours upon any right-of-way;
      (3)   Commercial equipment that is fully functional, owned by the resident, and used by the resident for regular or ongoing maintenance of the property (i.e., lawn care, driveway maintenance, snow removal) and not for profit, shall be allowed on properties used for residential and agricultural uses; and
      (4)   Commercial vehicles or equipment shall not be used for human or animal occupancy. Semi-trailers shall not be used for storage.
   (c)   Recreational vehicles and equipment.
      (1)   The parking and storage of recreational vehicles shall be allowed provided that:
         A.   The vehicle title holder for any and all recreation vehicles parked or stored on the property shall be the property owner or permanent resident of the dwelling; or
         B.   If the property owner or permanent resident of the dwelling does not hold vehicle title to all of the recreational vehicles on the property, no more than three recreational vehicles shall be allowed to be stored or parked on the property, regardless of ownership.
      (2)   The vehicle and equipment shall be fully functional and licensed if required.
      (3)   No recreational vehicles shall be stored or parked for longer than 72 hours upon any right-of-way in a residential development district.
      (4)   No recreational vehicle or trailer shall be connected to gas, water, septic or sewer service unless approved by a county-issued permit.
      (5)   Recreational vehicles shall not be used as accessory structures nor shall they be used for human or animal occupancy.
      (6)   Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle.
   (d)   Agricultural vehicles and equipment. Agricultural vehicles and equipment shall meet the following conditions:
      (1)   Shall be fully functional and currently licensed if required;
      (2)   Shall be owned by the property owner or tenant; and
      (3)   Shall be presently used in the activity of agricultural operations or used for regular or ongoing maintenance of the property.
   (e)   Township road maintenance vehicles and equipment. Those persons employed by and/or operating township road maintenance vehicles and equipment shall be allowed to store the vehicles and equipment on their property. If the property is located within a residential development area, the vehicles and equipment shall be screened from public view.
(1992 Code, App. C, § 15.17) (Ord. 26-10, passed 3-15-2010)
§ 159.302 SOLAR ENERGY CONVERSION SYSTEM.
   The regulations regarding commercial Solar Energy Conversion Systems (hereafter referred to as SECS) to read:
   (a)   Intent.
      (1)   The intent of regulations for Solar Energy Conversion Systems is to encourage the development of alternative sources of energy while protecting the health, safety, and welfare of the public.
   (b)   SECS standards. The following standards apply to Commercial SECS:
      (1)   Commercial SECS shall be permitted only on lands zoned A-1 Agricultural, C-Commercial, I-1 or 1-2 Industrial, or RC Recreation/Conservation with the issuance of a conditional use permit.
      (2)   Signs. No advertising signs or logos shall be permitted on the SECS. One project identification sign, not to exceed 20 square feet, shall be allowed.
      (3)   An interconnection agreement must be completed with an electric utility.
      (4)   Public roads. The permittee shall obtain all locally required road permits for construction. Prior to commencement of construction, the permittees shall identify all state, county or township "haul roads" that will be used for the SECS project and shall notify the governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the SECS. Where practical all-weather roads shall be used to deliver all other heavy components to and from the SECS site.
The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the SECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the County Planning Department of such arrangements.
      (5)   Private roads. The permittee shall promptly repair private roads, easements, or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.
      (6)   Dust control. The permittees shall utilize all reasonable measures and practices of construction to control dust.
Storm Water Pollution Prevention Plan (SWPPP) and Soil Erosion and Sediment Control Plan.
The permittees shall develop a SWPPP and Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County Planning Department. The SWPPP and Soil Erosion and Sediment Control Plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction and drainage of roads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.
      (7)   Other standards and codes. All solar farms shall be in compliance with any applicable local, state, and federal regulatory standards for solar energy systems.
Standards (9) through (11) must be provided as part of a complete Conditional Use Permit Application.
      (8)   Application contents. Every application for a commercial SECS permit shall include the following information:
         A.   Name and address of the applicant.
         B.   Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.
         C.   Site plan. A plot and development plan drawn in sufficient detail to clearly describe the following:
            1.   Physical dimensions and locations of the property, existing structures, and proposed structures.
            2.   Location of electrical lines and facilities.
            3.   Existing topography.
            4.   Proposed grading and removal of natural vegetation.
            5.   Setbacks.
         D.   General information on the typical type, size, height, rated power output, performance, and safety, of each SECS model, and electrical transmission equipment.
         E.   A location map to scale of all occupied structures within one-half mile of the boundary of the property upon which the SECS is to be located.
         F.   An application including any SECS which is located within a 100-year flood plain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a Flood Plain Development Permit.
         G.   Project schedule with anticipated construction date and completion date.
         H.   A Staging Area Plan depicting properties where materials and construction equipment will be stored during the installation process.
      (9)   If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of SECS; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed SECS and accessory structures. Such additional information as shall be required by the Planning Director.
      (10)   Decommissioning/ Restoration/ Abandonment.
         A.   Decommission Plan. Within 120 days of completion of construction, the permittees shall submit to the County Planning Department a decommissioning plan describing the manner in which the permittees anticipate decommissioning the project in accordance with the requirements of paragraph B. below. The plan shall include a description of the manner in which the permittees will ensure that it has the financial capability to carry out the restoration requirements when they go into effect. The permittee of the SECS shall ensure that it carries out its obligation to provide the resources necessary to fulfill these requirements. The County Planning Department may at any time request the permittee of the SECS to file a report with the County Planning Department describing how the permittee is fulfilling this obligation. A commercial SECS shall be deemed inoperable if it has not generated power for 12 consecutive months.
         B.   Site restoration. Upon expiration of this permit, or upon earlier termination of operation of the SECS, the permittee shall have the obligation to dismantle and remove from the site all electrical generating equipment, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four feet. To the extent possible, the permittee shall restore and reclaim the site to its pre-project topography and topsoil quality. All access roads shall be removed unless written approval is given by the affected landowner requesting that one or more roads, or portions thereof, be retained. Any agreement for removal to a lesser depth or for no removal shall be recorded with the County Planning Department and shall show the locations of all such foundations. All such agreements between permittee and the affected landowner shall be submitted to the County Planning Department prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition within 18 months after expiration.
         C.   Providing surety. The Planning Director shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include establishing an escrow account into which the project developer/ permittee will deposit funds on a regular basis over the life of the project. The unit of government shall then have access to the escrow account for the explicit purpose of decommission. Financial provisions shall not be so onerous as to make SECS projects unfeasible.
   (c)   Application review.
      (1)   Conditional use permit. A conditional use permit is required for a Commercial SECS.
      (2)   Technical issues and expert review. Solar Energy Conversion Systems may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Planning Director may require the applicant to pay reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the County.
      (3)   Building permit. Conditional use permit approval of solar energy conversion systems is separate from the building permit process. Building permits for the construction of facilities cannot be issued until the facility is approved through the conditional use permit process.
(Ord. 37-14, passed 6-24-2014)
§ 159.303 VACATION HOME RENTAL/SHORT-TERM RENTAL.
   The regulations regarding vacation home rental/short-term rental shall be as follows:
   (a)   Maximum occupancy shall not exceed three people per bedroom.
   (b)   The vacation home rental/short-term rental shall register with the state of South Dakota as a vacation home.
   (c)   Minimum off-street parking requirements shall be one parking space per guest bedroom.
   (d)   The contact information for the owner and any manager of the vacation home rental/short-term rental shall be provided to the Planning and Development Services Department. Any changes in ownership or management shall require new contact information be submitted to the Planning and Development Services Department.
   (e)   The contact information for the owner and manager shall be clearly posted both inside and outside of the vacation home rental/short-term rental.
(Ord. 98-23, passed 10-24-2023)
PARKING AND LOADING REGULATIONS
§ 159.315 LOCATION.
   All parking required by this subchapter shall be located in conformance with the following requirements:
   (a)   The parking lot shall be set back a minimum of 15 feet from the front property line; and
   (b)   Parking spaces for all structures shall be located on the same site as the structure the parking is intended to serve; except that by conditional use permit, parking may be located within 300 feet of the use it is intended to serve.
(1992 Code, App. C, § 16.01) (Ord. 20-02, passed 3-18-2002)
§ 159.316 OFF-STREET PARKING REQUIREMENTS.
   Off-street parking for specific uses shall be required as follows:
Use
Required Spaces
Use
Required Spaces
All nonresidential buildings, except those specified below
1 space for each 300 square feet of floor area
Auditoriums, theaters, other places of public assembly
1 parking space for each 4 seats
Bowling alley
3 spaces per alley
Church or temple
1 parking space for each 4 seats in the main auditorium
Community center, library, museum or similar public or semi-public buildings
10 parking spaces plus 1 additional space for each additional 300 square feet of floor area in excess of 2,000 square feet
Hospital
1.5 parking spaces for each bed
Hotel or motel
5 parking spaces plus 1 space for each sleeping room or suite
Manufacturing or industrial establishments, research or testing laboratory, bottling plant, warehouse or other similar establishments
2 parking spaces for each 3 employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith
Medical office building
Buildings in which 20% or more of the gross area is occupied by members of healing profession; 1 parking space for each 200 square feet of the gross area used for medical purposes
Mortuary
1 space for each 50 square feet of floor area in slumber rooms or 1 for each four seats in chapel, whichever is greater
Multiple dwellings
1.5 spaces for each dwelling unit of one bedroom or less; 2 spaces for each dwelling unit of 2 bedrooms or more
Multiple dwellings for the elderly and handicapped
0.75 spaces for each dwelling unit
Other retail uses
1 parking space for each 300 square feet of gross floor area except for planned shopping centers of 100,000 square feet of floor area or more who may reduce their requirement to 1 space for each 400 square feet of floor area
Personal services
1 parking space for each 200 square feet of floor area
Private club or lodge
1 parking space for each 300 square feet of floor area
Restaurant, bar, café or recreation or amusement establishment Not specified herein
1 parking space for each 100 square feet of floor area or 1 parking space per 3 fixed seats, whichever is greater
Retail stores selling furniture, appliance or home improvement products (i.e. carpet, paint, wallpaper and the like)
1 parking space for each 600 square feet of floor area
Rooming and boardinghouses, sororities and fraternities
1 space per 2 beds
Sanitarium or institutional home
1 parking space for each 3 beds
School
   Colleges and universities
Because of the unique parking needs of colleges and universities, a permit application for new construction must include a parking study prepared by the applicant of the parking needs of the entire campus including the new use and the study must address a plan to meet the parking needs of the staff and students
   Elementary school
5 spaces plus 1 parking space for each teacher and staff member
   High schools
1 parking space for each 3 students based on the building’s design capacity
   Junior high school
25 spaces plus 1 parking space for each teacher and staff member.
Single-family and two-family dwellings
1 space for each dwelling unit
 
(1992 Code, App. C, § 16.02) (Ord. 20-02, passed 3-18-2002)
§ 159.317 RULES FOR COMPUTING PARKING SPACES.
   In computing the number of required off-street parking spaces, the following rules shall be applied:
   (a)   FLOOR AREA shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking as herein defined;
   (b)   Where fractional spaces result, the number of parking spaces required shall be the nearest whole number;
   (c)   Whenever a building or use constructed or established after March 27, 1970, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change;
   (d)   Whenever a building or use existing prior to March 27, 1970, is reconstructed or is enlarged to the extent of 20% or more in floor area, the building or use in its entirety shall than and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20% of the gross floor area shall be provided with parking based on the enlargement or change.
(1992 Code, App. C, § 16.03) (Ord. 20-02, passed 3-18-2002)
§ 159.318 MINIMUM IMPROVEMENT AND MAINTENANCE STANDARDS.
   Driveways, parking lots and loading/unloading areas shall conform with the following improvement and maintenance standards:
   (a)   (1)   Any driveways, parking lots or loading/ unloading areas in a commercial or industrial zoning district shall be constructed with a hard surface when the property is accessed from a hard surface road.
      (2)   Hard surfacing shall consist of:
         A.   Concrete;
         B.   Asphalt;
         C.   Crushed asphalt. Crushed asphalt shall be applied to the following specifications:
            1.   A minimum of three inches packed gravel base;
            2.   Recycled asphalt packed to four and one-half inches;
            3.   Chip seal shall be applied two times; and
            4.   Two to four inches of hot mix asphalt shall be applied when the recycled asphalt material begins to breakdown
      (3)   Exception: Truck terminals, heavy equipment display, service and rental, concrete and paving plants, construction yards and similar establishments need not hard-surface areas maintained as maneuvering or parking/storage areas for heavy equipment when those areas are not adjacent to a front yard setback or otherwise screened from the public right-of-way.
   (b)   If a driveway, parking lot or loading/ unloading area is not required to be hard surfaced as outlined in division (a) above, a gravel surface shall be provided. The gravel surface shall be maintained to a minimum thickness of at least four inches.
   (c)   Adequate provisions shall be made for the disposal of storm water from a driveway, parking lot or loading/unloading area and the owner shall ensure that the water does not flow onto adjoining property in a quantity or manner that would be detrimental thereto.
   (d)   An opaque fence, wall, berm or landscaping of a height and character necessary for adequate screening of the parking lot from adjacent residentially used property shall be provided. Where there is a difference in elevation between the property which needs the screening and the property receiving the benefit of the screening, the height of the screen barrier shall be measured on the high side.
   (e)   The entrances and exits to and from any parking lot shall be approved by the director. Proper directional signs shall be provided.
   (f)   The entrances and exits to and from any parking lot or loading/unloading area shall be approved by the director. Proper directional signs shall be provided.
(1992 Code, App. C, § 16.04) (Ord. 20-02, passed 3-18-2002; Ord. 25-10, passed 3-15-2010)
§ 159.319 OFF-STREET LOADING REQUIREMENTS.
   (a)   There shall be provided at the time any building is erected or structurally altered, off-street loading spaces in accordance with the following requirements:
      (1)   Office buildings.
 
5,000 to 25,000 sq. ft. of GFA*
One 12 ft. × 20 ft. loading space
25,001 to 50,000 sq. ft. of GFA
One 14 ft. × 35 ft. loading space
50,001 to 200,00 sq. ft. of GFA
Two 14 ft. × 35 ft. loading spaces
   Add one additional 14 ft. × 35 ft. loading space for each 75,000 square feet of gross floor area above 200,000 square feet
* GFA means gross floor area
 
      (2)   Retail or service establishment.
 
Less than 5,000 sq. ft. of GFA
One 12 ft. × 20 ft. loading space
5,001 to 20,000 sq. ft. of GFA
One 14 ft. × 35 ft. loading space
20,001 to 100,000 sq. ft. of GFA
Two 14 ft. × 35 ft. loading spaces
   Add one additional space for each 75,000 square feet of gross floor area above 1,000,000 square feet
 
      (3)   Wholesale, commercial use.
 
2,000 to 20,000 sq. ft. of GFA
One 14 ft. × 35 ft. loading space
20,000 to 100,000 sq. ft. of GFA
Two 14 ft. × 35 ft. loading spaces
   Add one additional space for each 75,000 square feet of gross floor area above 100,000 square feet
 
      (4)   Manufacturing or industrial use. One 14 ft. × 35 ft. space for each 10,000 square feet of gross floor area plus one 14 ft. × 35 ft. space for each portion thereof in excess of 50,000 square feet.
   (b)   Loading spaces are to be provided on each lot in compliance with the following requirements:
      (1)   The loading space shall be completely contained on the lot it is intended to serve;
      (2)   The loading space shall be arranged on the lot in such a way as to allow normal movement of traffic in and around the loading area; and
      (3)   No loading space shall be permitted to extend into any public right-of-way.
(1992 Code, App. C, § 16.05) (Ord. 20-02, passed 3-18-2002)
ON-PREMISES SIGNS
§ 159.330 INTENT.
   (a)   These regulations provide standards for the erection and maintenance of private signs. The principal feature of this section is the restriction on the total sign area permissible per site. All private signs shall be erected and maintained in accordance with the following standards.
   (b)   The general objectives of these standards are to promote health, safety, welfare and in part to achieve the following:
      (1)   Safety. To promote the safety of persons and property by providing that signs:
         A.   Do not create a hazard due to collapse, fire, collision, decay or abandonment; and
         B.   Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles or other vehicles, or to see and interpret any official traffic sign, signal or device.
      (2)   Communications efficiency. To promote the efficient transfer of information by providing that:
         A.   Businesses and services may identify themselves;
         B.   Customers and persons may locate a business or service; and
         C.   No person or group is arbitrarily denied the use of the sight line from public rights-of-way for communication purposes.
      (3)   Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
         A.   Do not create a nuisance to persons using the public rights-of-way; and
         B.   Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement.
(1992 Code, App. C, § 17.01) (Ord. 20-02, passed 3-18-2002)
§ 159.331 PERMITTED SIGNS AND SIGN AREA.
   In the following districts, the sign area and height set forth shall apply to all signs on the premises except as provided in § 159.334:
   (a)   A-1 agricultural and RC recreation/conservation districts.
      (1)   Signs advertising the use of a particular breed, type, variety, hybrid or brand of plant, chemical or tillage. No one sign shall exceed 16 square feet in area per face;
      (2)   Uses which are governed by conditional use may have signs on the premises in accordance with the stipulations of the permit; and
      (3)   No hunting, no trespassing and similar signs.
   (b)   C commercial, I-1 and I-2 industrial.
      (1)   Wall, roof or projecting signs:
         A.   The total sign area on structures which are two stories or less in height shall not exceed two square feet for each linear foot of building frontage; and
         B.   The total sign area on structures which are greater than two stories in height shall not exceed either two square feet for each linear foot of building frontage, or 15% of the area of the frontage wall, whichever is greater.
      (2)   Freestanding signs having a total sign area not to exceed one square foot for each linear foot of road frontage or 200 square feet, whichever is less; and
      (3)   The maximum sign height shall be 30 feet.
(1992 Code, App. C, § 17.02) (Ord. 20-02, passed 3-18-2002)
§ 159.332 REGULATIONS AND LIMITATIONS OF PERMITTED SIGNS.
   The regulations and limitations of permitted signs shall be as spelled out below:
   (a)   Wall signs. Wall signs may be located anywhere on the wall of a building.
   (b)   Projecting signs.
      (1)   Projecting signs may project no more than five feet from the building face.
      (2)   Projecting signs shall have a minimum clearance of ten feet above grade level about any yard or sidewalk and 16 feet above any road or drive.
      (3)   Projecting signs may project no more than five feet above the top of a parapet or roof line including the framework or support.
   (c)   Roof signs. Roof signs shall rise no higher than five feet above the top of a parapet or roof line and shall not exceed the height limits for the zoning district.
   (d)   Freestanding signs.
      (1)   Freestanding signs shall be limited to one per street frontage except that businesses on frontages of 300 feet, or more, may erect two freestanding signs; however, the total sign area for both signs may not exceed that allowed for the street frontage.
      (2)   Freestanding signs shall be located only in the front or side yard.
      (3)   Freestanding signs shall not project over public property.
      (4)   A.   Freestanding signs shall not be erected within the area of a corner of two intersecting streets or a street and railroad. Area of a corner, in this case, shall be the triangular area formed by measuring 40 feet from the intersection along both roads and connecting these two points with a straight line.
         B.   Exceptions. Freestanding signs may be located in the area of a corner when the sign and sign structure comply with the following:
            1.   The sign face is located 12 feet above grade level; and
            2.   The sign structure is of such a size and spacing as to not obstruct the view of the intersection.
(1992 Code, App. C, § 17.03) (Ord. 20-02, passed 3-18-2002)
§ 159.333 SPECIAL SITUATIONS.
   This section contains the sign regulations for the following special situations.
   (a)   Shopping centers. A freestanding sign shall be allowed on each street frontage stating the name of the center and the major tenants provided no other freestanding signs are erected. The sign area shall be determined independently from the sign area allowed under §§ 159.331 and 159.332. A sign area of one square foot for each one lineal feet of street frontage or 200 square feet per frontage, whichever is smaller, shall be allowed. The height shall not exceed 40 feet.
   (b)   Interstate highway interchange. In the C, I-1 and I-2 districts, businesses which are adjacent to both the interstate and the intersecting cross street may by conditional use permit erect one additional on- premises freestanding sign not to exceed 200 square feet or 60 feet in height.
(1992 Code, App. C, § 17.04) (Ord. 20-02, passed 3-18-2002)
§ 159.334 EXEMPTIONS.
   The following signs may be allowed in addition to the signs permitted in § 159.331, but signs must be in conformance with all other state and local laws.
   (a)   Construction signs. Building contractors, lending institutions and professional firms may post temporary signs on-site under construction. The total sign area shall not exceed 100 square feet or 20 feet in height and shall be removed upon completion of the project.
   (b)   Neighborhood identification signs. In any zone, a masonry wall, landscaping and other similar material or feature may be combined to form a display for neighborhood or tract identification, provided that the legend of the signs or display shall consist only of the neighborhood or tract name.
   (c)   Public signs. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his or her duty shall be permitted.
   (d)   Integral signs; name. Names of building, dates of erection, monumental citations, commemorable tablets and the like, of permanent type construction and made an integral part of the building structure shall be permitted.
   (e)   Private traffic directional signs. Signs directing traffic movement onto and out of a commercial premises may be located at each vehicular entrance onto a public street.
   (f)   Real estate signs. Temporary real estate signs shall be permitted.
(1992 Code, App. C, § 17.05) (Ord. 20-02, passed 3-18-2002)
§ 159.335 ILLUMINATION.
   Regulations regarding the illumination of signs shall be as follows:
   (a)   Shading. The light from any illuminated sign or billboard shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises or safe vision of operators of vehicles on public or private roads; and
   (b)   Blinking and flashing. Blinking, flashing, pulsating or fluttering lights, or other illuminated devices which have a changing light shall not be located closer than 300 feet from any residential district. This restriction shall not apply to signs displaying the date, time and temperature exclusively.
(1992 Code, App. C, § 17.06) (Ord. 20-02, passed 3-18-2002)
§ 159.336 TEMPORARY AND PORTABLE SIGNS.
   (a)   Temporary and portable signs shall not exceed 32 square feet and may be displayed for 60 days per calendar year in the C and I districts.
   (b)   It shall be the duty of the user of the sign to:
      (1)   Notify and obtain approval from the county planning director prior to placement of the sign;
      (2)   Notify the county planning director upon removal of the sign. The county planning director shall continue to deduct one day from the 60 days allowed per calendar year until notice of removal is received or a total of 60 days has elapsed; and
      (3)   Place the signs in locations so that the provisions of this subchapter and all other applicable codes and ordinances are complied with.
   (c)   Temporary and portable signs in the A-1 district, when used in conjunction with roadside stands and fireworks stands, shall be authorized as part of the conditional use permit granted to those uses.
(1992 Code, App. C, § 17.07) (Ord. 20-02, passed 3-18-2002)
§ 159.337 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.
   (c)   Banners. Banners shall be prohibited except on a temporary basis for a maximum of 21 days during any calendar year.
(1992 Code, App. C, § 17.08) (Ord. 20-02, passed 3-18-2002)
§ 159.338 MAINTENANCE AND REMOVAL.
   Every on-premises sign, including any exempt from this Code in respect to permits and permit fees, 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 the sign at the owner’s expense.
(1992 Code, App. C, § 17.09) (Ord. 20-02, passed 3-18-2002)
OFF-PREMISES SIGNS
§ 159.350 PURPOSE AND INTENT.
   The purpose of this subchapter is to prevent the uncontrolled use of off-premises signs so as to promote the health, safety and general welfare of those persons using the public rights-of-way. These regulations are intended to preserve the overall landscape quality of the county while allowing the reasonable use of signs to inform the traveling public. This is accomplished through the application of standards for size, illumination and separation.
(1992 Code, App. C, § 17A.01) (Ord. 20-02, passed 3-18-2002)
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