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(a) Permitted special. The following building or premises include additional restrictions for each specific use. A conditional use with standards within §§ 160.605 et seq. (Conditional Use) may be obtained when the standards for a permitted special accessory use cannot be obtained.
(1) Dwelling, single-family detached.
A. The city planning and building services director shall review the construction, rehabilitation, restoration, or reconstruction of any principal building through the guidance of the Secretary of Interior's Standards for the Treatment of Historic Properties as administered by the National Park Service. If the applicant is unable to meet these standards, a conditional use permit is required with the recommendation of the Sioux Falls Board of Historic Preservation.
B. No demolition of a primary building shall be allowed unless the structure is found by the city planning and building services director to be structurally deficient and unsafe. Otherwise, a conditional use permit is required.
(Ord. 9-13, passed 3-19-2013)
A use shall be accessory to a building or premises that is customarily incidental and subordinate to any principal use allowed as a DD4 form.
(a) Permitted special. The following accessory uses include additional restrictions for each specific use listed below. A conditional use with standards within § 160.616 may be obtained when the standards for a permitted special accessory use cannot be obtained except for home occupations.
(1) Family day care.
A. A petition signed by 75% of property owners within 250 feet.
B. Adequate outdoor play area(s) protected by a four-foot barrier such as a fence, wall, berm, or hedge.
C. The zoning permit shall state that a health department license is required before the beginning of operation.
(2) Residential accessory buildings. No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used. Residential accessory buildings include, but are not limited to:
A. A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building.
B. A private residential garage used only for the housing of personal/passenger motor vehicles or recreational vehicles.
C. Vegetable or flower garden.
D. Enclosures necessary for the raising and keeping of small animals and fowl shall be set back a minimum of 25 feet from any dwelling on an adjacent lot.
E. Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
F. Locational standards for residential accessory buildings are in § 160.507.
(3) Home occupations. Home occupations are those secondary uses allowed on the premises in conjunction with the following:
A. The occupation must be conducted within a dwelling unit.
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 such occupation must not have its own separate outside entrance.
E. There can be no evidence other than the nameplate referred to in F. below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
F. There is used no sign that is attached to the building other than a nameplate. The sign shall not be illuminated and shall not be more than one square foot in area.
G. Such occupations shall not require 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 business will generate no more than four visits per day from clients or customers.
J. Materials that are combustible, toxic, or consist of any animal or vegetable matter cannot be stored on the premises.
K. Any process that will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed.
(4) Accessory dwelling units—detached.
A. Only one additional single-family dwelling unit is allowed and one of the units must be owner-occupied.
B. Additional off-street parking is required per §§ 160.550 et seq. (Parking, Loading, and Stacking Regulations) as an additional single-family dwelling.
C. The detached accessory dwelling units have the following standards:
1. The unit must not be any more than 40% of the square feet of main structure.
2. The unit is only allowed in the rear yard.
3. The unit must be at least ten feet from main dwelling.
4. The unit must maintain the same required yards as the main or principal building.
(b) Conditional use. The following accessory buildings or premises may be used with a DD4 form if a conditional use permit for such use has been obtained in conformance with the requirements of § 160.616:
(1) Bed and breakfast establishments.
(Ord. 9-13, passed 3-19-2013 ; Ord. 37-19, passed 4-2-2019)
(a) General requirements. The maximum height and minimum lot requirements within the DD4 form shall be as follows except that before building, renovating, or reconstructing the owner must first adhere to the standards of § 160.092:
Required Front Yard: | 20 feet
1
or corner lot
2
. |
Required Side Yard: | 5 feet. |
Required Rear Yard: | 10 feet. |
Required Lot Frontage: | 25 feet. |
Maximum Height: | 35 feet. |
Required Buffer Yard: | 10 feet total (Level A) adjacent to highways. |
1 The front yard may be reduced up to ten feet when a front garage is recessed back ten feet from the front of the house. 2 On a corner lot the two required front yards must be equal in the aggregate to at least 30 feet as long as one required front yard is ten feet and a garage that has direct access to a street must have a minimum of a 20-foot required front yard. |
(b) Double frontage lots.
(1) The yard with access to parking situated on a lot as provided by this title shall always be considered a front yard.
(2) Any front yard without access to legal parking and is not a buffer yard shall be considered have a 10-foot required yard and shall comply with the driveway safety zone.
(Ord. 9-13, passed 3-19-2013)
Development with a DD4 form shall be regulated in conformance with the provisions of:
(a) § 160.480 (Fences).
(b) §§ 160.485 et seq. (Landscape and Buffer Yard).
(c) §§ 160.550 et seq. (Parking, Loading, and Stacking Regulations).
(d) §§ 160.570 et seq. (On-Premises Sign Regulations).
(Ord. 9-13, passed 3-19-2013)
FORM DD5: DETACHED DWELLING—OLDER MANUFACTURED HOME
The regulations set forth in this subchapter or set forth elsewhere in this chapter when referred to in this subchapter are the form regulations of the DD5: detached dwelling-older manufactured home. The manufactured housing for this form are typically in older manufactured housing subdivisions.
(Ord. 9-13, passed 3-19-2013)
The following use shall be a principal use when a building or premises is the primary or predominant use of any lot:
(a) Permitted. A building or premises shall be permitted to be used for the following purpose as a DD5 form: Manufactured home.
(b) Permitted special. The following uses include additional restrictions for each specific use listed below. A conditional use with standards within § 160.605 may be obtained when the standards for a permitted special use cannot be obtained except for home occupations: Licensed manufactured home park established prior to March 26, 1970.
(Ord. 9-13, passed 3-19-2013)
A use shall be accessory to a building or premises that is customarily incidental and subordinate to any principal use allowed as a DD5 form.
(a) Permitted special. The following accessory uses include additional restrictions for each specific use listed below. A conditional use with standards within § 160.605 may be obtained when the standards for a permitted special accessory use cannot be obtained except for home occupations.
(1) Family day care.
A. A petition signed by 75% of property owners within 250 feet.
B. Adequate outdoor play area(s) protected by a four-foot barrier such as a fence, wall, berm, or hedge.
C. The zoning permit shall state that a health department license is required before the beginning of operation.
(2) Home occupations. Home occupations are those secondary uses allowed on the premises in conjunction with the following:
A. The occupation must be conducted within a dwelling unit.
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 such occupation must not have its own separate outside entrance.
E. There can be no evidence other than the nameplate referred to in F. below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
F. There is used no sign that is attached to the building other than a nameplate. The sign shall not be illuminated and shall not be more than one square foot in area.
G. Such occupations shall not require 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 business will generate no more than four visits per day from clients or customers.
J. Materials that are combustible, toxic, or consist of any animal or vegetable matter cannot be stored on the premises.
K. Any process that will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed.
(3) Residential accessory buildings. No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used. Residential accessory buildings include, but are not limited to:
A. A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building.
B. A private residential garage used only for the housing of personal/passenger motor vehicles or recreational vehicles.
C. Vegetable or flower garden.
D. Enclosures necessary for the raising and keeping of small animals and fowl shall be set back a minimum of 25 feet from any dwelling on an adjacent lot.
E. Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
F. Residential accessory buildings also include the following locational standards:
1. A garage, canopy, accessory building over 200 square feet, or carport may project into a required side or rear yard provided it is located no closer than ten feet to another manufactured home, garage, canopy, accessory building over 200 square feet, carport, or addition thereto. A garage, canopy, or carport shall not exceed a maximum depth of 28 feet.
2. A deck may project into a required side or rear yard provided it is located no closer than four feet to another structure.
3. An enclosed vestibule 40 square feet in floor area or less may project into a required yard for a distance not to exceed four feet, but in no event closer than ten feet to another manufactured home, garage, canopy, accessory building over 200 square feet, carport, or addition thereto.
4. Detached accessory buildings with a projected roof area of not more than 200 square feet may project into a required side or rear yard, provided it is located no closer than four feet to another structure.
(Ord. 9-13, passed 3-19-2013)
Spacing and yard requirements. All manufactured homes will be positioned on the manufactured home space in compliance with the following:
(a) All licensed manufactured home parks established or annexed, prior to January 1, 1950, will maintain as minimum yards the same yards as shown on the individual manufactured home park layout plan on file in the office of the planning and building services department, provided said yards are less than those shown in spacing Chart A [immediately following this section].
(b) Licensed manufactured home parks established or annexed between January 1, 1950, and March 26, 1970, will comply with the minimum spacing set forth in spacing Chart A [immediately following this section].
The maximum height and buffer yard requirements within the DD5 form shall be as follows:
Distance Between Homes: | 16 feet except as shown on Chart A. |
Maximum Height: | 35 feet. |
Required Buffer Yard: | 10 feet total (Level A) adjacent to designated highways. 30 feet total (Level C) adjacent to DD1, DD2, DD3, DD4.
|
CHART A
(Ord. 9-13, passed 3-19-2013; Ord. 114-22, passed 10-4-2022)
Development with a DD5 form shall be regulated in conformance with the provisions of:
(a) § 160.480 (Fences).
(b) §§ 160.485 et seq. (Landscape and Buffer Yard).
(c) §§ 160.550 et seq. (Parking, Loading, and Stacking Regulations).
(d) §§ 160.570 et seq. (On-Premises Sign Regulations).
(Ord. 9-13, passed 3-19-2013)
FORM DD6: DETACHED DWELLING—NEWER MANUFACTURED HOME
The regulations set forth in this subchapter or set forth elsewhere in this chapter when referred to in this subchapter are the form regulations of the DD6: detached dwelling—newer manufactured home. The manufactured housing for this form are typically in newer manufactured housing subdivisions.
(Ord. 9-13, passed 3-19-2013)
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