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These conditions are established as a reasonable and impartial method of regulating advertising structures in order to ensure safe construction, to reduce hazards at intersections, and to protect property values of the entire community. The regulations for signs and other advertising structures are indicated as follows:
(A) Signs may be permitted in the residential districts upon review by the City Council.
(B) In any zoning district where signs are permitted, the following general regulations shall apply:
(1) No sign shall be erected or maintained at any location whereby reason of its position, wording, illumination, size, shape, or color, it may obstruct, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device. No sign shall be erected in any position where it obstructs or physically interferes with the driver's view of approaching, merging or intersecting traffic.
(2) No illuminated sign shall be permitted within 50 feet of any residential property unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.
(3) To insure federal and state requirements are met, no stationary sign shall be erected without approval by the governing board.
(4) No advertising sign shall be located in any area designated by the City Council as one of scenic beauty or historical interest.
(5) A permanent sign shall not be suspended across public streets or other public places, except as permitted by the City Council.
(6) No signs, including political signs, shall be placed in any public right-of-way except publicly owned signs, such as traffic control signs.
(7) No signs shall be placed on utility poles.
(Ord. 24-01, passed 9-5-2024)
(A) Provision and maintenance required. No land shall be used or occupied; no structure shall be erected, altered, used, or occupied; and no use shall be operated unless off-street parking facilities, in at least the amount herein required, are provided or available, and maintained in the manner herein set forth. Provided for uses existing on the effective date of the ordinance codified in this chapter shall not be reduced below the requirements of this chapter. Off-street parking facilities shall be provided and maintained as required in this chapter for any addition to or the extension or enlargement of a use of land or building which existed on the effective date of said chapter. The provision and maintenance of the off- street parking facilities herein required shall be the joint and several responsibility of the operator and owner of the use and the operator or owner of the land on which, or the structure in which, is located.
(B) Size and location. Each off-street parking space shall be an area of appropriate dimensions, of not less than 300 square feet including access and maneuvering space. Except as otherwise permitted under a special plan for location or sharing of facilities, off-street parking facilities shall be located on the building site on which the use or structure for which they are provided is located.
(C) Maintenance. Off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:
(1) Drainage and surfacing. They shall be properly graded for drainage, adequately surfaced and maintained in good condition, free of weeds, dust, trash and debris.
(2) Lighting. Facilities shall be so arranged that the source of light is concealed from public view and from adjacent residential properties and does not interfere with traffic.
(3) Entrances and exits. They shall be provided with entrances and exits so located as to minimize traffic congestion.
(4) Prohibition of other uses. They shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.
(5) No fee may be charged for off-street parking as required under this chapter.
(D) Combined facilities. The off-street parking facilities required of two or more uses located on the same building site may be combined and used jointly; provided, however, that where the facilities are combined and used jointly by two or more uses having different standards for determining the amount of facilities required, the off-street parking facilities shall be adequate in area to provide the sum total of the facilities required of all such uses; provided, further, that where the standard for determining the amount of facilities required, of all such uses, for the purpose of this chapter, shall be considered as a single unit in determining the amount of off-street parking facilities required.
(E) Off-street parking facilities. At least the following amounts of off-street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses, and if the classification of any use for the purpose of determining the amount of off-street parking facilities to be provided is not readily determinable hereunder, the classification of the use shall be fixed by the Administrative Official.
(1) Dwellings, multiple-family: one and one-half spaces per dwelling unit.
(2) Hotels, motels, rooming houses, tourist courts: one space per guest room.
(3) Mobile home parks: two spaces per mobile home unit.
(4) For all other uses, the amount of off-street parking shall be approved by the City Council.
(F) Special plan for location or sharing of facilities. Part or all of the required off-street parking facilities may be located on a site other than the site occupied by use or structure for which the parking is being provided if the following procedures are followed. Also, two or more uses may share the same off- street parking facilities if a special plan application is approved.
(1) Application. An application shall be filed with the Finance Officer and shall include plans showing the location and other information deemed necessary by the City Council.
(2) Review. Applications shall be reviewed by the City Council and approved or disapproved within 90 days.
(3) Registration. The special plan, upon approval, shall be registered among the records of the Finance Officer.
(Ord. 24-01, passed 9-5-2024)
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to private streets approved by the Board of Adjustment, and all structures shall be so located on lots as to provide safe and convenient access for services, fire protection and required off-street parking.
(Ord. 24-01, passed 9-5-2024)
(A) No part of a yard or other open space, or off-street parking or loading space required or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(B) Yards, reduction in size. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(Ord. 24-01, passed 9-5-2024)
In any district, unless authorized by the Board of Adjustment in granting a conditional use permit, or in the case of more than multiple-family dwelling on a single lot in the appropriate zoning district(s), only one structure housing is permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements are met.
(Ord. 24-01, passed 9-5-2024)
(A) All existing septic tanks shall be considered non-conforming uses on lots within 200 feet of the city sanitary sewer system. All structures which are used for human habitation, commercial and industrial use and located on lots within 200 feet of the city sanitary sewer system must be connected to the city sanitary sewer system.
(B) Private wastewater treatment systems (septic tanks) may be used for applicable structures on lots located greater than 200 feet from the city sanitary sewer system, provided the property owner agrees to pay for replacement of the wastewater system by connecting it to the city sanitary sewer system upon request, if and when the city sanitary sewer system becomes located within 200 feet of the lot. Private wastewater systems shall be installed in accordance with the rules of the South Dakota Department of Agriculture and Natural Resources.
(C) These requirements may be waived at the discretion of the City Council in the event that connection to the city's sanitary sewer system would result in the construction of a lift station.
(Ord. 24-01, passed 9-5-2024)
(A) Modular homes. Modular homes are completely fabricated and assembled (partly) units or elements delivered to and erected on site to form a whole, or part of a structure and shall meet the following regulations.
(1) Modular homes shall meet or exceed International Building Codes.
(2) Modular homes will include all off-site constructed homes, which may be transported to the site in one or more sections.
(3) Modular homes shall have more than 1,000 square feet in ranch style and 850 square feet split and be placed on a permanent foundation. The foundation shall be to a depth below the frostline.
(4) Modular homes shall not have attached running gear and a trailer hitch or the capacity to have attached running gear and trailer hitch.
(5) Modular homes shall have a minimum of three and one-half-roof pitch.
(6) Have siding material of a type customarily used on site-constructed residences.
(7) Have roofing material of a type customarily used on site-constructed residences.
(B) Type I and Type II manufactured homes.
(1) For the purpose of this chapter, manufactured homes will be regulated by type. Two types of homes are defined under these regulations.
(a) Type I manufactured home shall:
i. Be a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code.
ii. Have more than 1,000 square feet of occupied space in a double-section or larger multi-section unit.
iii. The running gear and hitch have been removed.
iv. Has been anchored to a foundation and permanent footing below the frost line.
1. The foundation shall be an approved wood basement constructed of two-by-six framework and treated with water resistant materials; or a foundation shall be constructed with eight inches of poured concrete or concrete block.
2. The footing to be a minimum of eight-inches thick by 16-inches wide poured concrete with top of footing to be 16-inches below grade.
3. Type I manufactured homes which are not placed on a permanent foundation are considered Type II manufactured homes. (See division (B)(1)(b)).
v. Have a gabled roof with a pitch of at least three-twelfths feet.
vi. Have siding material of a type customarily used on site-constructed residences.
vii. Have roofing material of a type customarily used on site-constructed residences.
viii. The manufactured house may not exceed ten years from the date of manufacture.
(b) Type II manufactured home shall:
i. Have more than 700 square feet of occupied space in a single, double, expanded or multi-section unit.
ii. Utilize a permanent perimeter enclosure in accordance with approved installation standards, as specified in division (B)(2)(b).
iii. Be anchored to the ground, in accordance with manufacturer's specifications, or as prescribed by the Federal Manufactured Housing Construction and Safety Standards Code.
iv. Have siding material of a type customarily used on site-constructed residences.
v. Have roofing material of a type customarily used on site-constructed residences.
vi. Have a gabled roof with a pitch of at least three-twelfths feet.
vii. The manufactured house may not exceed ten years from the date of manufacture.
viii. Be place onto a support system. In accordance with approved installation standards, as specified in division (B)(2).
(2) Installation standards.
(a) Permanent perimeter enclosure as required for Type I and II manufactured homes. Those manufactured homes designated in this chapter, as requiring a permanent perimeter enclosure must have footings and crawl space or basement walls. The space between the floor joists of the home shall be completely enclosed with the permanent perimeter enclosure (except for required openings).
(b) Foundation siding/skirting. All manufactured homes without a permanent perimeter enclosure shall have an approved foundation siding/skirting enclosing the entire perimeter of the home.
(c) Support system.
i. All HUD-code manufactured homes of the Type I classification shall be installed with load bearing foundations in conformance with the manufacturer's installation specifications.
ii. Type II manufactured homes not placed on a permanent foundation shall be installed on a support system in conformance with the manufacturer's installation specifications or with the support system’s regulations in the ANTI/NFPA 501A 1977 installation standards.
(3) Non-conforming homes. A manufactured home placed and maintained on a tract of land and deemed to be a legal non-conforming use prior to the adoption of this chapter shall continue to be a legal non-conforming use. If the non-conforming use is discontinued for a period of one year, the land thereafter must be used in conformity with all provisions of this chapter.
(4) Structural alteration. Due to its integral design, the Administrative Official after it is placed on the site must approve any exterior structural alteration or modification of a manufactured home.
(5) Variance from maximum age requirement. Type I and Type II manufactured homes may receive a variance from the maximum age requirement (division (B)). The Board of Adjustment may grant a variance if the manufactured home meets the following requirements:
(a) The applicant shall provide a photograph of the manufactured home's exterior and interior.
(b) That it shall have been shown to the satisfaction of the Administrative Official that the said manufactured home complies with the gas, plumbing, electrical, and construction requirements of the City of Wall.
(c) That the applicant shall obtain the written consent of all property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site.
(C) Manufactured home park minimum standards. Manufactured home parks shall meet the following minimum standards:
(1) Streets. Each manufactured home shall abut or face a public or private roadway or street, such roadway or street having an all-weather surface of at least 30 feet in width where parking is permitted on both sides, and 26 feet in width where parking is restricted to one side only. Where private streets are proposed, they shall have a minimum right-of-way of 40 feet.
(2) Open space or buffer zone. A landscape buffer area of ten feet in width shall be provided and maintained around the perimeter of the park, except where walks and drives penetrate the buffer.
(3) Lot area. Each lot provided for the occupancy of a single manufactured home unit shall not be less than 50 feet in width and have an area of not less than 5,500 square feet, and the same shall be defined by markers at each corner.
(4) Density. No park shall be permitted an average net density of manufactured home lots of more than seven units per acre and each park shall provide an area of not less than two acres. Any permit allowing a manufactured home court shall require the development of a minimum of ten sites within twelve months from the date of issuance of permit.
(5) Spacing and yard requirements. All manufactured housing units will be positioned on the manufactured home space in compliance and accordance with the zoning requirements at the time of establishment of the manufactured home park. Manufactured home parks established after the effective date of this chapter, will comply with the following:
(a) Front yard. All manufactured homes shall be located at least 20 feet from any road or street. The distance will be measured from the wall of the structure to the street or roadway at the closest point.
(b) Side and rear yards. All manufactured homes shall have minimum side yards of seven feet and a minimum rear yard of ten feet.
(c) Exceptions to minimum yard requirements.
i. A garage, canopy, 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, carport, or addition thereto, and provided further that the maximum depth be 24 feet.
ii. A deck may project into a required side or rear yard provided it is located no closer than four feet to any other structure.
iii. An enclosed vestibule containing not more than 40 square feet in area 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, carport, or addition thereto.
iv. Detached accessory buildings with a projected room area of not more than 120 square feet may project into a required side or rear yard provided it is located no closer than four feet to another structure or right-of-way.
(d) Maximum lot coverage. No manufactured home shall occupy more than 25% of the area of the lot on which it is situated.
(6) Parking. Two off-street vehicle parking spaces shall be provided for each manufactured home. Such off-street parking spaces shall be set aside in a location convenient to the occupants of the manufactured home and shall have ingress and egress by means of a public way. Where parking areas are provided adjacent to a public street, ingress and egress thereto shall be made accessible only through driveways or openings not exceeding 25 feet in width in the curb line of said street.
(7) Refuse collection. If individual refuse collection is not available, one refuse collection station shall be provided, with a minimum of one two-yard dumpster situated on concrete, screened on four sides, for each 12 families or fractions thereof, conveniently located to serve tenants not more than 150 feet from any trailer unit served, and to be conveniently located for collection.
(8) Recreation area. The developer of the manufactured home park shall be required to dedicate no less than 8% of the gross site area shall to recreational facilities appropriate to the needs of the occupants. The Planning Commission shall approve the designated recreation area.
(9) On-site management. Each manufactured home park may be required to provide on- site management, by the owner or his or her representative. This requirement may be waived if a point of contact is established to ensure that the management, repairs, maintenance, and janitorial work connected with the manufactured home park and all provisions of this chapter are complied with.
(10) Water supply and distribution system and sewage disposal. Each manufactured home shall be connected to the city sanitary sewer and water system.
(11) Tie down requirements. All manufactured homes, regardless of location, unless such manufactured homes are securely anchored to a permanent foundation approved by the Administrative Official, shall be anchored to the ground, in accordance with the manufacturer's specifications or as prescribed by the Federal Manufactured Housing Construction and Safety Standards Code.
(12) Maximum age limitation. No manufactured home placed within a manufactured home park within the city limits of Wall may exceed ten years from the date of manufacture.
(13) Expansion. Existing manufactured home parks may be extended to a total area of no less than two acres provided the area of expansion complies with all other regulations herein set forth.
(14) Building/moved-in building permit required. Whenever a manufactured home is moved into a manufactured home park, a permit from the Administrative Official shall be required.
(15) Skirting. All manufactured homes, regardless of location, unless such manufactured homes are securely anchored to a permanent foundation, approved by the Administrative Official, shall be skirted within 30 days of placement.
(16) Storm shelter. Management shall provide or make arrangements for suitable storm shelter for the residents of the park.
(D) Application procedure. Each application for a manufactured home park shall be accompanied by a development plan incorporating the regulations established herein. The plan shall be drawn to scale and indicate the following:
(1) The following requirements pertain to a manufactured home park:
(a) Location and topography of the proposed manufactured home park, including adjacent property owners and proximity to federal and state highways, and county, township, and city roads/streets;
(b) Property lines and square footage of the proposed park;
(c) Location and dimensions of all easements and right-of ways;
(d) Proposed general layout, including parking and recreation areas;
(e) General street and pedestrian walkway plan; and
(f) General utility, water, and sewer plan.
(2) Upon approval of the application, the plan becomes part of the permanent record, and it shall serve as the basis for the final site plan submission.
(Ord. 24-01, passed 9-5-2024)
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