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GENERAL PROVISIONS
The following general regulations shall apply to all zoning districts.
(a) Except as otherwise provided in this chapter, no building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any structure or land be used:
(1) Except for a purpose permitted in the district in which the structure or land is located.
(2) Except in conformance with the height and minimum lot requirements, and the parking, loading, stacking and sign regulations, and any other applicable requirements of the district in which the structure or land is located.
(3) Except in conformance with any federal, state, or municipal codes as may be applicable. Where this chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(b) The density and yard regulations of this chapter are minimum regulations for each and every building existing at the effective date of this chapter or for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building.
(c) Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on a lot except as otherwise provided in this chapter.
(d) Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations; and all requirements shall be observed as though the property were under single ownership.
(e) All inhabited and occupied manufactured homes shall conform to one of the following:
(1) Used as a dwelling and located in a licensed manufactured home park operating under a valid license.
(2) Used as a dwelling and located in a MH residential district or PD planned development district.
(3) Used as a dwelling associated with a farm in conformance with § 160.052.
(4) Used as a temporary office or shelter on a construction or development site.
(5) Used as a temporary business office when approved pursuant to § 104(e) of the Uniform Building Code.
(6) Used as a temporary dwelling as specified in § 160.672(c)(2).
(7) Used as a caretaker quarters in the AG agricultural district and RC recreation/conservation district.
(8) A. Used as a sales office at a location where manufactured homes or manufactured homes are offered for sale when approved pursuant to § 104(e) of the Uniform Building Code.
B. A manufactured home not in conformance with one of the above shall not be occupied or inhabited, nor shall it be connected to utilities, except when being displayed for sale by a dealer or manufacturer.
(1992 Code, App. B, § 15.73.010) (Ord. 42-83, passed 6-27-1983; Ord. 90-92, passed 10-5-1992; Ord. 103-94, passed 11-21-1994; Ord. 94-95, passed 7-3-1995; Ord. 9-13, passed 3-19-2013)
The catch heads appearing in connection with the sections of this chapter are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each chapter are to serve as general references only. The catch heads, introductory statements and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court or other tribunal in construing the terms and provisions of this chapter.
(1992 Code, App. B, § 15.73.020) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
Amendments to this chapter will be handled in the following manner.
(a) The city council may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement or otherwise modify this chapter herein or subsequently established. Any proposed amendment, supplement, or modification shall first be submitted to the planning commission for its recommendations and report. The report shall contain the findings of the planning commission regarding the effect of the proposed amendment, supplement, or modifications upon adjacent property and upon the comprehensive plan of the City of Sioux Falls. If no report is received from the planning commission in 90 days, it may be assumed that the commission has approved the amendment. Whenever a municipality assumes zoning jurisdiction in any area outside the limits of the municipality, the county zoning commission of the county in which the area lies shall sit with the city planning commission on all matters pertaining to the planning and regulation of the area; and no zoning powers provided by this subchapter shall be effective in any area until each of the commissions makes a recommendation to the city council and the board of county commissioners. Each planning commission shall make the recommendation to the city council and county commissioners within 90 days of a request by the city planning commission that the county planning commission sit with them for purposes of zoning in the area outside the city limits of the municipality.
(b) If the ordinance be adopted, the same shall be published and take effect as other ordinances unless the referendum be invoked.
(1992 Code, App. B, § 15.73.030) (Ord. 42-83, passed 6-27-1983; Ord. 5-88, passed 1-18-1988; Ord. 9-13, passed 3-19-2013)
Violations of the ordinance shall be treated in the manner specified below.
(a) The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which the violation shall exist, shall be guilty of a violation of a city ordinance. Each and every day that the violation continues after notification may constitute a separate offense.
(b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the appropriate authorities of the city, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land.
(1992 Code, App. B, § 15.73.050) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent of this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions; however, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of this inconsistency only. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(1992 Code, App. B, § 15.73.070) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
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