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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)
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)
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)
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)
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