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ADDITIONAL USE REGULATIONS
Regulations regarding fences shall be as follows.
(a) Fences up to four feet in height may be located on any part of the lot except that 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)
(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)
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)
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.
(1992 Code, App. C, § 15.04) (Ord. 20-02, passed 3-18-2002)
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