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Any sign existing on the date of adoption of this chapter that does not conform with the provisions of this Code is eligible for characterization as a "legal nonconforming sign" and is permitted to remain except as specified below.
(a) The sign has been altered in a fashion exceeding the allowed maintenance standards in subsection (d) below or relocated.
(b) The sign has been brought into compliance with this subchapter.
(c) The sign is abandoned.
(d) Nonconforming signs may be maintained, altered, modified, or reconstructed provided that such changes do not increase the overall sign area or height. Nonconforming signs or portions thereof may be removed for maintenance, modifications, or reconstruction so long as they are replaced in positions that are no closer to another off-premises sign within a 600-foot radius and in their original orientations upon completion of the work. The alteration of a sign via the addition of changeable copy or the addition of an electronic message center shall not constitute a change to the sign structure so long as the overall sign area is not enlarged. Signs larger than 288 square feet, up to a maximum of 672 square feet, must obtain a conditional use permit in conformance with §§ 160.605 through 160.616. A new sign permit will be required for inspection purposes.
(Ord. 5-24, passed 1-2-2024)
ALTERNATIVE SITE PLANS
The city planning commission, after a public hearing, may approve alternatives for common open
space, parking reductions, landscaping buffer yards, signage master plans, and streetcar forms upon finding that an applicant has demonstrated that the intent of the appropriate zoning ordinance section can be more effectively met, in whole or in part, through an Alternative Site Plan. The planning commission encourages alternative site plans that enhance the aesthetics and improves the livability of the community through the Shape Sioux Falls 2035 Comprehensive Plan land use and development policies. Acceptable types of situations where alternative site plans will be approved are included with the following standards. Alternative site plans cannot allow variance from bulk regulations unless specifically delineated in the alternative site plan standards in §§ 160.598—160.603.
(Ord. 9-13, passed 3-19-2013; Ord. 23-16, passed 4-5-2016)
(a) An alternative site plan application must have all elements that are included before a staff review is completed. If the application does not contain all the elements of an alternative site plan application, then the applicant shall be notified in writing of the specific deficiencies and the application shall not be scheduled for a public hearing until all elements of the application are submitted.
(b) Elements of a complete application include the following:
(1) Site plan. In addition to the following information, plans shall be drawn to scale upon substantial paper or provided electronically and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and all work must conform to the provisions of this chapter and all relevant laws, ordinances, rules, and regulations. Alternative site plans require a complete plan check by planning, zoning, and building services prior to obtaining a building permit.
A. The name of the project and/or business.
B. The scale and north arrow.
C. All existing and proposed buildings or additions and uses.
D. Dimensions and total square footage of all buildings. Include height and number of stories.
E. Distance from all building lines to the property lines at the closest points.
F. Dimensions of all property lines including platted property lines.
G. Name and location of all adjacent streets, alleys, waterways, and other public facilities.
H. Name and dimensions of the parking lots; designate each space, stall, and aisle.
I. Include access to public right-of- way in accordance with subdivision ordinance § 157.113 [Streets system].
(2) Additional elements of an application. Each type of alternative site plan requires a different set of information to adequately review the application. Below is additional information by each type of alternative site plan application that is required to be included with an application.
A. Common open space alternative plan.
1. Amount of reduction in front yard.
2. Common open space area plan and description.
B. Landscaping and buffer yard alternative plan.
1. Illustrate and show dimensions of the landscaping alternative options included in § 160.599.
C. Parking reduction alternative plans.
1. Parking study based upon § 160.600(b).
a. Site survey.
b. Information requested by planning and building services director.
2. Parking demand to be generated by the proposed use.
3. Demonstrate how storm water runoff change or other LEED certification efforts will be enhanced with parking reduction.
4. Show on plan how pedestrian access will be enhanced to the site with parking reduction.
D. Signage alternative plans.
1. Show all eligible sign types and the size and design for each of those signs.
2. Show on the site plan the location of all sign types.
E. Streetcar forms alternative plan.
1. Show the sidewalk width that is parallel to the front yard(s).
2. Show the location of any street furniture on the site plan.
3. Show if front doors are recessed when the buildings are adjacent to a front yard sidewalk.
4. Include a scale drawing with the size and location of the proposed structure including the proposed façade's color scheme, window size and placement, and articulation design treatments.
(Ord. 9-13, passed 3-19-2013)
Upon the filing of an application for an alternative site plan, the department of planning and building services shall set a date for public hearing on the request. The date for the public hearing shall be a day when the planning commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted or which may hereafter be adopted by the planning commission for holding public hearings on those requests, or the planning commission may designate a special meeting at which to hear a requested alternative site plan application.
(a) Public notice.
(1) Signs. Signs shall be posted on the property for a continuous period of ten days immediately prior to the public hearing held by the planning commission or city council to consider the conditional use permit. The signs shall be furnished by the department of planning and building services; state the date, time and location of the public hearing and be posted by the applicant in the numbers, design and locations prescribed by the director. Before any action shall be taken by the planning commission, the applicant shall first file with the department of planning and building services a certificate verifying that the signs have been posted at the property location before the time specified by this section.
(2) Written notice. Written notice shall be sent by the city to adjacent property owners within 300 feet, measured from lot line to lot line. The letters shall be postmarked at least ten business days prior to the hearing and state the date, time, and location of the public hearing.
(3) Publication. The public hearing date, time, and location shall be published at least ten days in advance of the hearing in a legal newspaper in the community.
(4) Approval of plan as presented. The alternative site plan approved by the planning commission shall be the plan presented during the public hearing. Planning staff will then only approve a zoning permit if the plan for construction provided is substantially the same.
(Ord. 9-13, passed 3-19-2013)
(a) A major amendment to an approved alternative site plan may be amended the same as a new alternative site plan permit as provided in this section, or entirely withdrawn by the applicant. A major amendment includes any amendment that is not categorized as a minor amendment.
(b) A minor amendment to an alternative site plan may be approved by the director of planning and building and services. Standards for minor amendments will include slight changes of element locations such as trees, landscaping, and signs. Also, a parking layout may be slightly different as long as the number of parking spots and orientation to the buildings is the same as the approved plan.
(Ord. 9-13, passed 3-19-2013)
The city planning commission may approve an alternative common open space plan to reduce setbacks when adequate and appropriate common open space is planned and accommodated in the site plan for the following situations (also see MD1, MD2, MD3, NF2, BCF3 form regulations).
(a) For MD2 and MD3 forms. There may be up to a 10-foot reduction in front yard, 5-foot reduction in side yard, and 5-foot reduction in rear yard when the same overall square footage as is required by the minimum yards is reserved and approved by the planning commission as a common open space area.
(b) For MD1, NF2, and BCF3 forms. There may be up to a 10-foot reduction in the front yard setback when the same overall square footage as is required by the minimum yards is reserved and approved by the planning commission as a common open space area.
(c) Common open space area standards. The planning commission shall determine a common open space when it includes open space that is aesthetically planned and designed with active or passive recreational amenities including, but not limited to, walking paths, plazas, playgrounds, tennis courts, swimming pools, lakes, seating areas, gardens, basketball courts, and other similar recreational amenities. All common open space areas must be designed in a way that is very accessible to residents or employees of the development area. Common open space alternative plans shall not reduce open space on the site to a level under the total minimum square feet of required yards (front, side, and rear yards). Common open space alternative plans shall not reduce any required buffer yards. The intent of common open space alternative plans is to allow a redistribution from one required yard to another required yard. A common open space alternative plan must not impede on the intersection of driveway vision clearance area (see § 160.517).
(Ord. 9-13, passed 3-19-2013; Ord. 22-15, passed 3-3-2015; Ord. 41-19, passed 4-2-2019; Ord. 114-22, passed 10-4-2022)
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