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Refer to Chapter 151: Mobile Home Parks.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
(A) Bed and breakfasts shall be limited to a residential structure with an overall minimum of 1,800 square feet of floor area. Preference will be given to structures with historic or other unique qualities.
(B) They shall be in compliance with applicable state laws including registration with the South Dakota Department of Health, maintaining a guest list, and providing a smoke detector in each sleeping room.
(C) The uses shall be an incidental use with an owner-occupied principal dwelling structure provided that not more than 5 bedrooms for up to an average of 10 guests per night in a dwelling structure shall be used for such purpose.
(D) Off-street parking requirements shall be 1/2-space per guest room and shall be in addition to parking requirements for the principal use. A tandem arrangement of parking spaces stacked end to end on a hard-surfaced driveway may be used for the off-street parking requirements.
(E) Meals shall be limited to breakfast, which is prepared in a common facility (household kitchen). Meals may be served only to overnight registered guests and cooking is not permitted in the sleeping rooms.
(F) The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and a floor plan showing a location of sleeping rooms, lavatories, bathing facilities and kitchen shall be submitted with the application.
(G) Signs shall not be more than 4 square feet in area, and shall not be illuminated.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1378, passed 6-18-2018; Am. Ord. 1409, passed 12-2-2019)
(A) General. Wind energy conversion systems shall be allowed as conditional uses in certain zoning districts. In addition to the standards set forth in § 155.095 regarding all conditional uses, all wind energy conversion systems shall also meet all requirements of this section.
(B) Commercial sale of power prohibited. Any wind energy conversion system shall be used only for the purpose of generating power for the property on which the wind energy conversion system is located, or for the purpose of transmitting power to the electrical grid of an electric utility company through an approved interconnection.
(C) Utility interconnections. Any wind energy conversion system shall be constructed and operated, and any interconnection between a wind energy conversion system and an electric utility company shall be allowed only in accordance with all local, state, and federal regulations including regulations issued by the South Dakota Public Utilities Commission and the Federal Aviation Administration. Additionally, electrical interconnections shall be allowed only in accordance with the applicable standards of the electric utility company.
(D) Required setbacks. A minimum setback of 1½ times the height of the wind energy conversion system shall be maintained between the wind energy conversion system and any property line, structure intended for human occupation, overhead utility line, or other tower support base.
(E) Tower height. In no event shall the height of a wind energy conversion system exceed 90 feet as measured from the ground to the rotor hub. Further, there shall be no less than 30 feet between the lowest arc of the rotors of a wind energy conversion system and the ground, any portion of a structure or any tree.
(F) Rotor size/operation. The maximum size of the rotors of a wind energy conversion system shall be reviewed upon application for a conditional use. In determining the appropriate size for the rotors, the city shall consider such factors as noise, proximity to surrounding residences, safety and aesthetic issues. All systems shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.
(G) Noise. No wind energy conversion system shall produce more than 60 decibels of sound measured at the closest point on the closest property line from the base of the system. Information from the manufacturer of the wind energy conversion system shall be submitted at the time of the submittal of the conditional use, ensuring that this requirement can be met once the system is operational.
(H) Electromagnetic interference. No wind energy conversion system shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television or microwave towers. At the time of application for the conditional use, the petitioner must submit information from the manufacturer indicating that, once operational, the wind energy conversion system will not adversely affect the transmissions. If necessary, generators and alternators shall be filtered, shielded, or both so as to prevent the emission of radio and television signals.
(I) Tower access. Appropriate safety measures must be undertaken to discourage unauthorized climbing of a wind energy conversion system tower. Appropriate measures shall include either:
(1) The construction of a 6-foot tall chain link fence with locking gate around the tower;
(2) The tower shall be constructed so that the lowest climbing access shall be at least 12 feet above the ground; or
(3) A locked anti-climb device shall be installed on the tower.
(J) Warning information. Information related to the maximum power output, nominal voltage and maximum current, and emergency shut-down procedures for the wind energy conversion system shall be posted near the base of the tower in a visible location.
(K) Lighting. Unless required by a more restrictive regulation, no lighting shall be installed on a wind energy conversion system.
(L) Tower design. In reviewing the conditional use for a wind energy conversion system, the city shall consider the design and color of the tower to ensure that no significant adverse impacts are occurring to neighboring property owners, including, but not limited to, infringement into natural and urban viewsheds, historic property, major community entryways, parks, schools, churches, playgrounds, or similar public and recreational uses.
(M) Manufacturer warranty/maintenance information. Upon application for a conditional use for a wind energy conversion system, the petitioner shall submit a manufacturer’s statement documenting that the system has been successfully and safely operated in atmospheric conditions that are similar to conditions in the city. Further, the petitioner shall provide a copy of the manufacturer’s warranty indicating that the system is warranted against any system failures reasonably expected during severe weather conditions. Further, the petitioner shall submit system specifications including maximum power output and a maintenance schedule for the system.
(N) Construction standards. Any wind energy conversion system shall be constructed in accordance with all applicable life, safety, building and fire codes including but not limited to the following:
(1) Winder energy conversion system. An applicant for a building permit for a wind energy conversion system shall submit plans and specifications stamped by a registered engineer.
(2) Lightning protection. Any wind energy conversion system shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters and deep earth grounding.
(O) Abandonment/removal.
(1) Any wind energy conversion system which has not been used for a period of 6 months or more shall be declared abandoned. Upon abandonment of the system, the city shall revoke the conditional use and the system shall be removed at the expense of the property owner. The city shall determine that a wind energy conversion system has not been used if the following criteria apply:
(a) The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced a minimum of 25% of the power output as stated in the system specifications over the past 6 months;
(b) The wind energy conversion system has fallen into obvious disrepair and/or has been condemned by the city.
(c) The wind energy conversion system has become violative of some other local, state or federal law and the owner of the system has not taken appropriate actions to remedy the problem.
(2) If deemed appropriate, the city may stipulate through the conditional use that the wind energy conversion system shall be removed at the owner’s expense, upon the rezoning of the subject property to a zoning district classification in which wind energy conversion systems are not allowed as either a permitted use or conditional use.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019) Penalty, see § 155.999
(A) Location of some accessory buildings. Accessory structures located 10 feet or more from the main building and located in the rear yard may be erected within 4 feet of the side and rear property lines. In all cases, accessory structures shall not occupy more than 30% of the rear yard. A garage, which is entered directly from the alley, shall not be closer than 8 feet to the alley line.
(B) Adjustment to front yard requirements. A front yard may be adjusted to an average of the adjacent structures front yards where existing adjacent structures have a front yard less than required.
(C) Adjustment to side yard requirements. Buildings constructed prior to the effective date of this chapter with side yard setbacks of less than required by this chapter, may have additions erected provided the new addition conforms to the side yards required for new construction.
(D) Projection from buildings. Every part of any required yard shall be open to the sky and unobstructed except:
(1) Eaves may project 24 inches into a front, side, or rear yard;
(2) Ordinary projection of sills, belt courses, cornices, vertical solar screen, ornamental features that may project 24 inches;
(3) Air conditioners may project into a required side or rear setback;
(4) Porches, decks and terraces in front yards that extend more than 30 inches above the level of ground that are open, uncovered and unenclosed may project into a required front yard for a distance not exceeding 10 feet. Balconies and paved terraces may project into a required front yard for a distance not exceeding 6 feet.
(5) Terraces, uncovered porches, platforms, decks, and ornamental features which do not extend more than 30 inches above the level of ground may project into a required yard, provided these projections be distances at least 2 feet from the adjacent side or rear lot line.
(E) Exception to side yard requirements. Lots platted prior to the adoption of this chapter, located in the R-1 and R-2 districts, that are no more than 60 feet in width as measured from the property lines, may have side yards reduced to 5 feet for the purposes of redevelopment and new construction, provided such redevelopment and new construction maintains or improves the appearance, style, and character of the surrounding neighborhood. This exception does not apply to additions, alterations, or other improvements to existing structures. When considering an exception, the building official will consider, among other things, the presence of alleys, the proposed arrangement of house and garage frontage, and scope of the project.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1221, passed 12-7-2009; Am. Ord. 1409, passed 12-2-2019)
A lawful use or structure existing at the time this chapter is adopted or amended may continue even though the use does not conform with the district regulations subject to the following provisions:
(A) If no structural alterations are made, a nonconforming use or structure may be changed to another nonconforming use or structure of the same or more restricted zoning district.
(B) Whenever a nonconforming use or structure has been changed to a more restricted or conforming use, it shall not be changed back to a less restricted use.
(C) Should any nonconforming use or structure be destroyed by any means to the extent of more than 50% of its replacement cost, such nonconforming use shall not continue.
(D) In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(E) Any nonconforming use may be extended throughout any part of a structure which was arranged or designed for the use previous to the adoption of this chapter, but shall not be extended outside the structure.
(F) No existing nonconforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use. This is not to include normal repairs and maintenance, which do not enlarge, move or structurally alter a nonconforming use.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)
(A) Brewpub and microbrewery.
(1) Brewpub.
(a) The area used for brewing, including bottling and kegging (but not including storage facilities, or other spaces that may be used by the restaurant or drinking establishment), shall not exceed 33% of the total area of a combined restaurant and drinking establishment and 50% of the total floor area of a drinking establishment without restaurant services.
(b) A malt beverage manufacturer's license must be obtained per state law.
(c) A malt beverage license must be obtained per city ordinance.
(d) The amount, method, and frequency of spent grain being disposed shall be provided.
(e) The brewery shall not produce more than 15,000 barrels of malt beverages per year. A barrel contains 31 gallons.
(2) Microbrewery.
(a) A malt beverage manufacturer's license must be obtained per state law.
(b) A malt beverage license must be obtained per city ordinance.
(c) A microbrewery may also operate other uses allowed in the district. Depending on the use, and the district, the additional uses may require a conditional use permit.
(d) If operating a combined restaurant and drinking establishment in combination with the microbrewery, the area used for brewing, including bottling and kegging (but not including storage facilities, or other spaces that may be used by the restaurant or drinking establishment) shall not exceed 33% of the total area.
(e) If operating a drinking establishment in combination with the microbrewery, the areas used for brewing, including bottling and kegging (but not including storage facilities, or other spaces that may be used by the restaurant or drinking establishment) shall not exceed 50% of the total area.
(f) All grain shipments and spent grain shall be contained within a completely enclosed building.
(g) The amount, method, and frequency of spent grain being disposed shall be provided.
(h) The brewery shall not produce more than 30,000 barrels of malt beverages per year. A barrel contains 31 gallons.
(B) Farm winery and wine manufacturer.
(1) Farm winery.
(a) A farm winery license must be obtained per state law.
(b) A malt beverage license must be obtained per city ordinance.
(c) A farm winery may also operate other uses allowed in the district. Depending on the use, and the district, the additional uses may require a conditional use permit.
(d) The amount, method, and frequency of pomace or marc being disposed shall be provided.
(e) The quantity of wine produced cannot exceed 150,000 gallons per year.
(2) Wine manufacturer.
(a) A wine manufacturer license must be obtained per state law.
(b) A malt beverage license must be obtained per city ordinance.
(c) A wine manufacturer may also operate other uses allowed in the district. Depending on the use and the district, the additional uses may require a conditional use permit.
(d) The amount, method and frequency of pomace or mare being disposed shall be provided.
(e) The quantity of wine produced cannot exceed 150,000 gallons per year.
(Ord. 1477, passed 1-3-2023)
ADMINISTRATION AND ENFORCEMENT; PERMITS
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