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Vermillion, SD Code of Ordinances
VERMILLION, SOUTH DAKOTA CODE OF ORDINANCES
CURRENT OFFICIALS of the CITY OF VERMILLION, SOUTH DAKOTA
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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ADDITIONAL USE REGULATIONS
§ 155.070 VISIBILITY AT INTERSECTIONS AND DRIVEWAYS.
   (A)   Intersection safety zones. No fence, wall, shrub or other obstruction to vision exceeding 3 feet in height above the established street grade shall be erected, planted or maintained within a triangular area of a corner lot that is included by measuring straight lines along the curb lines at points 40 feet distant in each direction from the intersection of the curbs and a straight line connecting the first 2 lines (see Figure 1).
   (B)   Driveway safety zones. No fence, wall, shrub, or other obstruction to vision exceeding 3 feet in height above the established street grade shall be erected, planted, or maintained within the area from the curb line to 10 feet behind the curb line (see Figure 1).
 
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019) Penalty, see § 155.999
§ 155.071 ACCESSORY USE AND STRUCTURES.
   Accessory uses and structures shall conform to the following standards:
   (A)   A private residential garage used only for the accessory storage of the primary structure. Roofing and siding materials shall be of a type customarily used on site-constructed residence.
   (B)   Any accessory building that covers more than 120 square feet shall be secured to the ground to prevent the structure from being moved or damaged by high winds.
   (C)   Accessory buildings may not be used for dwelling purposes.
   (D)   Accessory buildings in excess of 750 square feet in area should be approved only if there is a legitimate residential purpose for accessory buildings. Special care should be taken to ensure that the applicant is not using the structure for the operation of any business and that the applicant understands that any commercial or industrial use would not be permitted in the accessory building.
   (E)   Yard setbacks may be adjusted as according to § 155.082 .
   (F)   Chicken coops.
      (1)   Chicken coops and the attached chicken run shall be considered an accessory structure if more than 120 square feet.
      (2)   Any chicken coop must follow the regulations outlined in Chapter 93 of the City of Vermillion revised ordinances.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1338, passed 6-20-2022)
§ 155.072 OFF-STREET PARKING.
   (A)   General conditions.
      (1)   No parking spaces are permitted in the required front yard in any district, except as follows:
         (a)   Single-family detached dwellings, single-family attached dwellings and multiple-family dwellings (maximum of 2 dwelling units) are permitted to provide off-street parking on driveways constructed according to city standards.
         (b)   Multiple-family dwellings (more than 2 dwelling units) located in the R-3 zoning district may provide no more than 25% of the required area for parking in the required front yard.
         (c)   Commercial uses located in the NRC, GB, NC, GI and HI districts may provide required parking in the required front yard.
      (2)   Parking spaces may be permitted in any required rear yard.
      (3)   All parking spaces shall be connected to a public street or alley.
      (4)   Except in conjunction with a legal nonconforming business, it is unlawful for any person to park, store, leave, or permit the parking, storing or leaving of any commercial vehicle with a gross vehicle weight rating (GVWR) of over 13,000 pounds in a NRC, R-1, R-2, R-3 or R-4 zoning district, unless the vehicle is parked in connection with the performance of a service. The transferring of refuse from a smaller satellite vehicle to a large packer garbage truck is prohibited.
      (5)   All parking, loading, and maneuvering and drive areas thereto shall be hard surfaced with asphalt or concrete.
      (6)   The parking requirements in this section are only applicable for residential uses, motels and boarding houses in the CB Central Business District. All other uses in the CB Central Business District are exempt from the parking requirements in this section.
      (7)   Off-street parking shall be located on the same zoning lot as the principal use served. Parking required in the CB Central Business District only needs to be within the same zoning district.
   (B)   Required parking spaces.
      (1)   In computing the number of required off-street parking spaces, the floor area shall mean the gross floor area of the specific use, excluding any floor or portion used for parking. Where fractional spaces result, the parking spaces required shall be the nearest whole number. For the number of off-street parking and loading spaces required in all other districts, see Table 1 below:
Table 1: Minimum Off-Street Parking and Loading Requirements
Uses and Structures
Minimum Parking Requirements
Uses and Structures
Minimum Parking Requirements
Boarding houses, fraternities and sororities
If a new parcel previously undeveloped, then 1 parking space for each 200 square feet of floor area.
If an existing parcel previously used as a boarding house, or fraternities and sororities, the applicant shall provide the city the current number of residents and the existing number of off-street parking shall be subtracted from the current number of residents to determine the current on- street parking demand. The applicant shall also provide the city the proposed number of residents that will live in the new building. The current on-street parking demand shall be subtracted from the proposed number of residents that will live in the new building. This value will be the required off-street parking that will need to be provided for. In calculating the required parking spaces, these uses may be permitted to include off-street parking available on a different lot, or zoning lot, then the use served, subject to approval of the use through the conditional use permit process. Parking spaces may not count towards more than 1 use.
Bowling alleys
4 spaces per lane
Church or temple
1 space for each 4 seats in main seating area
Private club or lodge
1 parking space for each 300 square feet of floor area
High school (grades 9th through 12th)
4 spaces for each classroom or office room, plus 1 for each 150 square feet of seating area in any auditorium or gymnasium or cafeteria intended to be used as an auditorium
Elementary or middle school (grades up to, and including, 8th grade)
2 spaces for each classroom or office room, plus 1 for each 150 square feet of seating area in any auditorium or gymnasium or cafeteria intended to be used as an auditorium
Eating and drinking places
1 space for each 300 square feet of gross floor area
Hospitals
1 space for each bed
Nursing, convalescent and rest homes
1 space for each 3 beds
Auditoriums, theaters and places of pubic assembly
1 space for each 4 seats of design capacity
Hotels and motels
1 space for each 2 rental rooms
Funeral homes
1 space for each 4 seats in the chapel
Retail sales establishments
1 space for each 300 square feet of floor area
Medical and dental clinics
1 space for each 2 staff members and full-time employees, plus 1 space for each 600 square feet of gross floor area
Manufactured home parks
2 spaces for each
Industrial uses
1 space for each 2 employees on the maximum working shift
Service establishments
1 space for each 300 square feet of floor area
Wholesale and distribution establishments
1 space for each 2 employees on the maximum working shift
 
      (2)   For parking requirements for dwellings (excluding manufactured homes) see Table 2 below.
         (a)   Below are several options for a property owner to take when building off- street parking. The process starts with division 1. below. If the requirements cannot be met, then proceed to division 2. below, and so on. All other ordinances still apply to the construction. Options:
            1.   Off-street parking to be in the existing driveway (side-by-side or back-to-back); if not, then
            2.   Existing driveway may be widened to provide side-by-side parking along the front side of the property. The portion widened may not be in front of the residence; if not, then
            3.   Properties with alleyway access may construct the parking area along the rear of the property with access from the alleyway; if not, then
            4.   Off-street parking may be constructed in the rear yard; if not, then
            5.   Existing driveway may be widened to provide side-by-side parking along the front side of property. A portion widened may be in front of the residence. The maximum distance for the portion in front of the residence to be widened will be 4-feet and shall be hard surface.
      (3)   Alternate parking requirements for those uses listed in division (A)(1)(a) of this section shall allow for 1 parking stall within the garage to count towards the off-street parking requirements. In order for the alternate parking requirements to be utilized, the following criteria must be met:
         (a)   Each dwelling unit shall have the garage located within 10 feet of the unit (measured from the closest point of the dwelling unit to the closest point of the garage unit);
         (b)   Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and
         (c)   The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose.
      (4)   Alternate parking requirements for multiple-family dwellings (larger than 2 dwelling units) shall allow for single stall garages to count as 0.5 off-street parking spots, and for double stall garages, or larger, to count as 1 off-street parking spots. In order for the alternate parking requirement to be utilized, the following criteria must be met:
         (a)   Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and
         (b)   The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose.
Table 2: Minimum Off-Street Parking and Loading Requirements for Residential Uses
 
Uses and Structures
Minimum Parking Requirements
Single-family detached
2 parking spaces per each dwelling unit
Dwelling, single-family attached
2 parking spaces per each dwelling unit
Multiple-family (maximum of 2 dwelling units)
2 parking spaces per each dwelling unit
Multiple-family (three or more dwelling units)
1.5 parking spaces per each 1-bedroom unit;
2 parking spaces per each 2-bedroom unit;
3 parking spaces per each 3-bedroom unit;
4 parking spaces per each 4-bedroom unit;
Plus 10% of the total number of dwelling units
 
      (5)   All other uses not specified in the above tables shall have minimum off-street parking and off-street loading spaces as determined by the City Council.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1276, passed 5-21-2012; Am. Ord. 1340, passed 5-16-2016; Am. Ord. 1354, passed 6-5-2017; Am. Ord. 1367, passed 2-20-2018; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1471, passed 9-19-2022; Am. Ord. 1513, passed 4-1-2024) Penalty, see § 155.999
§ 155.073 OFF-STREET LOADING REQUIREMENTS.
   There shall be provided at the time any building is erected or structurally altered, off-street loading spaces for the following uses.
 
Use
Gross Square Feet Floor Area
Number of Off-Street Loading Spaces
Office buildings
25,000 - 50,000
every additional 75,000
One 14' x 35' space
Add one 14' x 35' space
Retail, service and trade establishments and industrial and wholesale commercial
5,000 - 20,000
20,000 - 100,000
Every additional 75,000
One 14' x 35' space
Two 14' x 35' spaces
Add one 14' x 35' space
 
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
§ 155.074 FENCES.
   Fences may be erected in required yards, provided they meet or exceed the following requirements:
   (A)   No barbed wire fence shall be erected or maintained.
   (B)   No fence shall be erected or maintained in a manner as to unreasonably obstruct the view of others or their access to light or air.
   (C)   For R-1, R-2, R-3, R-4, CB, NC or NRC District, , fences not more than 6 feet in height may be erected on any part of a lot other than in the required front yard. Fences not more than 4 feet in height may be located on any part of the lot.
   (D)   For GB, LI, GI, or HI District , fences not more than 8 feet in height may be erected on any part of a lot other than in the required front yard.
   (E)   No fence shall be erected which violates § 155.070, visibility at intersections.
   (F)   To preserve the neighborhood character of the Residential District, fences along the perimeter of a front yard shall be of a traditional design and shall not be more than 30% solid.
   (G)   The maximum fence height for golf courses, public swimming pools, school track and field areas, parks and ball parks shall be 8 feet and for public tennis courts, 12 feet on any portion of the lot. Fences associated with these uses shall not be more than 30% solid.
   (H)   Snow fencing not exceeding 4 feet in height shall be permitted in all districts provided it is removed between April 1 and November 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the city or a contractor having a permit from the city.
   (I)   All exterior fences constructed, which are parallel to and/or face the street/alley or public property shall have the smooth/finished side, the side without the support bracings or frame, of the fence facing toward the outside when there is only 1 smooth/finished side.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1233, passed 6-21-2010; Am. Ord. 1304, passed 9-16-2013; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1493, passed 10-2-2023)
§ 155.075 TELECOMMUNICATIONS TOWER, ANTENNA SUPPORT STRUCTURES AND WIRELESS COMMUNICATIONS FACILITIES.
   Regulations regarding development of telecommunications towers, antenna structures and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction, and modification of telecommunications facilities. Telecommunication towers owned by a governmental entity (e.g. city, county, state, or federal government) and used for public safety purposes are exempt from divisions (A) and (B). Additionally, at no point shall a government-owned telecommunications tower's fall radius be closer than 33 feet from a residentially zoned or used property.
   (A)   A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line. Exceptions: The Planning and Zoning Commission may grant an exception to the 300 feet distance from the telecommunications tower, but not less than a distance of twice the fall radius of the telecommunications tower, to any residentially zoned or used property for stealth or camouflaged towers only if a public hearing is conducted by the Planning and Zoning Commission wherein the design is approved. Notice of public hearing to approve the design shall be sent to all property owners within 300 feet at least 10 days prior. Application for Planning and Zoning Commission to consider an exception must be submitted at least 14 days prior to the hearing and include pictures and information on the proposed design(s), maximum tower height(s), and other information on the form provided by the city deemed appropriate for consideration of the exception request.
   (B)   A minimum distance of ½-mile between telecommunications towers measured from the base of 1 telecommunications tower to the base of another except when an existing antenna support structure is used to co-locate a wireless communication facility.
   (C)   Building permit shall include documented Federal Communications Commission (FCC) approval prior to permit issuance.
   (D)   The maximum height for telecommunications towers and wireless communications facilities shall not exceed 100 feet for single users or 200 feet for 2 or more users. When such structure is located in an airport approach zone, Federal Aviation Administration approval will be required prior to permit issuance. Wireless communications facilities on new telecommunications tower structures, antenna support structures, or co-located on existing telecommunications towers shall minimize visual impact on the city skyline.
   (E)   The tower shall be constructed in a manner that will make it inaccessible for unauthorized person to climb.
   (F)   Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.
   (G)   (1)   A telecommunications tower site and tower base adjacent to residential property shall be provided with a fence, wall, berm or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.
      (2)   Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.
      (3)   Adjacent to a residentially used or zoned property, natural materials shall be used for fence screening. If chain-link fencing is needed for safety and security, additional landscape screening shall be required outside the chain-link fence to screen public view of the telecommunications tower site.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1366, passed 2-5-2018; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1494, passed 10-16-2023)
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