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APPENDIX
B ZONING ORDINANCE*
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*Editor's note—Printed herein is the zoning ordinance, as adopted by the city commission on June 27, 1983, in Ord. No. 42-83. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes, and expression of numbers in text has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brackets. Language has been added as instructed by the city without notation. Except as provided above, the text is set out as published in the 1972 City Code volume. The term "title" refers to this appendix.
Cross references—Alcoholic beverages, ch. 5; amusements, ch. 6; building, ch. 11; food and food handlers, ch. 17; historic preservation, ch. 19 1/2; junk and secondhand dealers, ch. 22; mobile homes, ch. 24; parks and recreation, ch. 27; pawnbrokers and dealers in precious metals and gems, ch. 28; planning, ch. 32; signs and outdoor advertising, ch. 37; sidewalks in planned unit developments, § 38-46; utilities, ch. 41; storm drainage fee, § 41-80; subdivision ordinance, app. A; extraterritorial zoning regulations, app. C.
State law references—Power to adopt zoning ordinance, SDCL 9-12-13; municipal planning and zoning, SDCL ch. 11-4.
__________
Chapter 15.01 Purpose and Title
15.01.010 Name and citation of title.
Chapter 15.03 Definitions
Chapter 15.05 Districts and Boundaries
15.05.010 Districts designated.
15.05.020 Incorporated by reference.
15.05.030 Boundaries of districts; maps.
15.05.040 Rules where uncertainty as to boundaries arises.
15.05.050 Vacation of streets and alleys.
15.05.060 Reserved.
15.05.070 Classification of land coming within the zoning jurisdiction of the city.
15.05.080 Classification of annexed territory.
Chapter 15.07 AG Agricultural District
15.07.010 Scope of regulations.
15.07.030 Permitted special uses.
15.07.060 Parking regulations.
15.07.080 Density, area, yard and height regulations.
Chapter 15.09 RR Rural Residential District
15.09.010 Scope of regulations.
15.09.030 Permitted special uses.
15.09.060 Parking regulations.
15.09.080 Density, area, yard and height regulations.
Chapter 15.11 RS-1 Residential District
15.11.010 Scope of regulations.
15.11.030 Permitted special uses.
15.11.060 Parking regulations.
15.11.080 Density, area, yard and height regulations.
Chapter 15.13 RS-2 Residential District
15.13.010 Scope of regulations.
15.13.030 Permitted special uses.
15.13.060 Parking regulations.
15.13.080 Density, area, yard and height regulations.
Chapter 15.15 RD Residential District
15.15.010 Scope of regulations.
15.15.030 Permitted special uses.
15.15.060 Parking regulations.
15.15.080 Density, area, yard and height regulations.
Chapter 15.17 RA-1 Residential District
15.17.010 Scope of regulations.
15.17.030 Permitted special uses.
15.17.060 Parking regulations.
15.17.080 Density, area, yard and height regulations.
Chapter 15.19 RA-2 Residential District
15.19.010 Scope of regulations.
15.19.030 Permitted special uses.
15.19.060 Parking regulations.
15.19.080 Density, area, yard and height regulations.
Chapter 15.20 MH Residential District
15.20.010 Scope of regulations.
15.20.030 Permitted special uses.
15.20.060 Parking regulations.
15.20.080 Density, area, yard, and height regulations.
Chapter 15.21 O General Office District
15.21.010 Scope of regulations.
15.21.030 Permitted special uses.
15.21.060 Parking regulations.
15.21.080 Density, area, yard and height regulations.
Chapter 15.23 S Institutional District
15.23.010 Scope of regulations.
15.23.030 Permitted special uses.
15.23.060 Parking regulations.
15.23.080 Density, area, yard and height regulations.
Chapter 15.25 C-1 Neighborhood Commercial District
15.25.010 Scope of regulations.
15.25.020 Permitted special uses.
15.25.050 Parking regulations.
15.25.070 Density, area, yard and height regulations.
Chapter 15.27 C-2 General Commercial District
15.27.010 Scope of regulations.
15.27.030 Permitted special uses.
15.27.060 Parking regulations.
15.27.080 Density, area, yard and height regulations.
Chapter 15.29 C-3 Central Business District
15.29.010 Scope of regulations.
15.29.030 Permitted special uses.
15.29.060 Parking regulations.
15.29.080 Density, area, yard and height regulations.
Chapter 15.31 C-4 Planned Commercial District
15.31.010 Scope of regulations.
15.31.020 Permitted special uses.
15.31.050 Parking regulations.
15.31.070 Density, area, yard and height regulations.
Chapter 15.33 I-1 Light Industrial District
15.33.010 Scope of regulations.
15.33.030 Permitted special uses.
15.33.060 Parking regulations.
15.33.080 Density, area, yard and height regulations.
Chapter 15.35 I-2 General Industrial District
15.35.010 Scope of regulations.
15.35.030 Permitted special uses.
15.35.060 Parking regulations.
15.35.080 Density, area, yard and height regulations.
Chapter 15.37 RC Recreation/Conservation District
15.37.010 Scope of regulations.
15.37.030 Permitted special uses.
15.37.060 Parking regulations.
15.37.080 Density, area, yard and height regulations.
Chapter 15.39 Airport Zoning District
15.39.005 Airport administration.
15.39.010 Scope of regulations.
15.39.030 Permitted special uses.
15.39.060 Parking regulations.
15.39.080 Density, area, and height regulations.
Chapter 15.41 Reserved
Chapter 15.43 DR Design Review Overlay District
15.43.010 Scope of regulations.
15.43.020 Boundaries of districts.
15.43.050 Parking regulations.
15.43.070 Density, area, yard and height regulations.
15.43.080 Design review [overlay] districts enumerated.
15.43.090 Old Yankton Road design review district.
15.43.100 Airport influence overlay district.
15.43.108 Noise exposure zone.
15.43.120 Acknowledgment of airport influence overlay district.
Chapter 15.45 [PD] Planned Development District
15.45.010 Scope of regulations.
15.45.020 Compliance with comprehensive plan.
15.45.040 Initial development plan.
15.45.050 Final development plan.
15.45.070 Planned development districts.
Chapter 15.47 Nonconforming and Nonstandard Uses
15.47.020 Continuation of nonconforming uses.
15.47.030 Use becoming nonconforming by change in law or boundaries.
15.47.040 Change of nonconforming use.
15.47.050 Extension or enlargement.
15.47.060 Restoration after damage.
15.47.070 Discontinuation of nonconforming uses.
15.47.080 Effect on use which is illegal under prior law.
15.47.090 Continuation of nonstandard uses.
Chapter 15.49 Additional Use Regulations
15.49.030 Wind energy conversion systems.
15.49.050 Mineral exploration and development.
15.49.060 Landscape standards.
15.49.070 Licensed manufactured home parks.
15.49.080 Accessory buildings and uses.
15.49.100 Recycling collection facilities.
15.49.110 Standards for caretaker quarters.
15.49.130 Standards for outdoor lighting.
Chapter 15.51 Additional Yard Regulations
15.51.010 Scope of regulations.
15.51.020 More than one main building on business, commercial or industrial tract.
15.51.030 Two or more buildings for multiple-family, institutional or hotel purpose.
15.51.040 Multiple dwelling considered as one building.
15.51.050 Location of accessory buildings.
15.51.060 Adjustment to front yard requirements.
15.51.070 Adjustment to side yard requirements.
15.51.080 Adjustment of yards when located on an alley.
15.51.090 Projections from buildings.
15.51.100 Fire escapes and chimneys; projection into yards.
15.51.110 Porches and terraces in front yards.
15.51.120 Projection of terraces, uncovered porches, platforms, decks and ornamental features.
15.51.140 Front yard; driveways.
15.51.150 Reserved.
15.51.160 Future street rights-of-way.
15.51.170 Intersection safety zone.
15.51.171 Driveway safety zone.
Chapter 15.53 Additional Height Regulations
Chapter 15.54 Reserved
Chapter 15.55 Parking, Loading and Stacking Regulations
15.55.020 Offstreet parking requirements.
15.55.040 Residential parking.
15.55.050 Offstreet loading requirements.
15.55.070 Minimum improvement and maintenance standards.
Chapter 15.57 On-Premises Sign Regulations
15.57.030 Permitted signs and sign area.
15.57.040 Regulations and limitations of permitted signs.
15.57.050 Reserved.
15.57.090 Nonconforming signage.
Chapter 15.58 Off-Premises Signs
15.58.010. Purpose and intent.
15.58.020 General regulations.
Chapter 15.59 Conditional Use Permits
15.59.040 Information on conditional use plans.
15.59.050 Planning commission hearing.
15.59.055 City council hearing.
15.59.060 Amendments to plans.
15.59.100 Conditional use standards.
Chapter 15.60 Comprehensive Plan Amendment
15.60.040 Planning commission hearings.
15.60.050 City council hearing.
Chapter 15.61 Change of Zone
15.61.010 Application to city or by city for zoning change.
15.61.030 Planning commission hearing.
15.61.040 City council hearing.
Chapter 15.63 Board of Adjustment
15.63.090 Decisions of board; scope and factors considered.
Chapter 15.65 Administration and Enforcement
15.65.040 Occupancy violation.
15.65.050 Cooperation of other officials and officers.
Chapter 15.67 Permits
15.67.030 Information on plot plan.
15.67.080 Suspension or revocation.
Chapter 15.69 Certificate of Occupancy
15.69.010 Certificate of occupancy required.
15.69.020 Certificate of occupancy; required for building permits.
15.69.030 Certificate of occupancy; issuance.
15.69.040 Temporary certificate.
15.69.050 Certificate of occupancy; required for nonconforming uses.
15.69.060 Record of certificates of occupancy to be kept.
Chapter 15.71 Fees
15.71.010 General regulations.
15.71.030 Planned development district.
15.71.040 Final development plan.
15.71.071 Permitted special uses.
15.71.080 Board of adjustment.
15.71.090 Exemption for city filing on its own behalf.
15.71.110 [Fees for zoning verification letters.]
15.71.120 Subdivision ordinance.
15.71.140 Future land use plan amendments.
Chapter 15.73 General Provisions
15.73.010 General regulations.
15.73.020 Purpose of catch heads; introductory statements and illustrations.
15.73.050 Violation and penalty.
15.73.060 Reserved.
15.73.070 Interpretation, abrogation, and severability.
15.73.071 Term or title of director.
CHAPTER 15.01 PURPOSE AND TITLE
15.01.010 Name and citation of title.
These regulations shall be referred to as the 1983 Revised Zoning Ordinance of the City of Sioux Falls.
15.01.020 Purpose.
These regulations have been based upon a comprehensive plan adopted December 16, 1996, and revised on January 21, 2003, prepared for the City of Sioux Falls, South Dakota and are in conformance with SDCL ch. 11-4. These regulations are designed to carry out the goals and objective of the comprehensive plan, but especially to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewer, school parks and other public necessities.
These regulations have been made with reasonable consideration of the character and intensity of various land uses and the need for public facilities and services that would develop from those uses. These regulations are necessary for the best physical development of the community.
The regulations are intended to preserve and protect existing property uses and values against adverse or unharmonious adjacent uses by zoning all land within the corporate limits of the City of Sioux Falls. The land use regulations divide the area into a number of zoning districts:
(a) In order to provide a broad range of recreational facilities, a number of areas will be set aside as public parks. A well-planned park system can contribute to the aesthetic quality of the city as well as provide a functional and attractive use for otherwise unusable land such as floodplains and steep terrains. The provision of a district for park lands will provide open space to lessen congestion and also protect and preserve woodlands, wetlands and wildlife habitats in and around the city.
(b) The regulations include two agricultural districts to provide for the preservation of prime agricultural land while at the same time allowing for compatible nonfarm uses on those lands which are not suitable for farming.
(c) A number of residential districts have been provided. The regulations provide for single-family detached housing which is located on fairly large lots, as well as for the construction of duplexes, townhouses, multiple units, and manufactured homes. The regulations establish districts where the single-family homes are provided maximum protection from intrusions, including higher density residential uses, while still providing safe, attractive areas for apartments, townhouses and manufactured homes to locate.
(d) Commercial districts recognize the various types and levels of retail activity that are needed throughout the community. The central business district is differentiated from the other districts not only by the uses it allows, but also because of the unique physical attributes of the central business area. The regulations provide for neighborhood convenience shopping as well as planned and general commercial uses.
(e) The industrial districts provide for a light industrial district for modern industrial-park-like uses. These would be attractive pollution-free uses with large setbacks and no open storage. The general industrial district will allow for heavy industrial uses.
(f) Other districts have been and will be provided as necessary.
(Ord. No. 94-95, § 1, 7-3-95; Ord. No. 120-01, § 1, 12-10-01; Ord. No. 108-03, § 1, 11-3-03)
CHAPTER 15.03 DEFINITIONS
15.03.010 Purpose.
In the application of this ordinance, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
(a) Words used in the present tense shall include the past and future.
(b) Words used in the singular number shall include the plural number, and the plural the singular.
(c) The word "shall" is mandatory and not discretionary.
(d) The word "may" is permissive.
(e) The word "used" or "occupied" shall include the words "intended," "designed," or "arranged to be used or occupied."
(f) The word "lot" shall include the words "plot," "parcel," or "tract."
(g) The word "person" shall include a "firm," "association," "organization," "partnership," "trust," "company" or "corporation" as well as an "individual."
(h) The word "building" shall include the words "structure" and "premises."
(i) Any word not herein defined shall be as defined in any recognized standard English dictionary.
15.03.020 Definitions.
[(1)--(6) Reserved.]
(7) Abandoned sign: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, products or activity conducted or product available on the premises where such sign is displayed.
[(8), (9) Reserved.]
(10) Abutting: "Abutting" shall mean adjacent or contiguous and shall include property separated by an alley. The term "abutting" implies a closer proximity than the term "adjacent."
[(11), (12) Reserved.]
(13) Accessory building or use: An accessory building or use is one which:
(1) Is customary and clearly incidental to the principal building or principal use;
(2) Serves exclusively the principal building or principal use;
(3) Is subordinate in area, extent or purpose to the principal building or principal use served;
(4) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
(5) Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory offstreet parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
(14) Accessory parking, offsite: A parking area, open or enclosed, available with or without compensation, to accommodate clients, customers, employees, occupants, etc., of a principal building or principal use served, which is located offsite from the principal building or principal use served.
(15) Accessory parking, onsite: A parking area, open or enclosed, for the private use of the owners or occupants, etc., of the principal building or principal use served, which is located on the same zoning lot as the principal building or principal use served.
(16) Accessory sign: See "sign, on-premises."
(17) Activity: Any application for a permit under this ordinance or any development or use encompassed within the jurisdiction of this ordinance.
[(18) Reserved.]
(19) Adult amusement or entertainment: Any use which has as part of its operations amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.
[(20), (21) Reserved.]
(22) Adult bookstores: An establishment having as a substantial or significant portion of its stock and trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined below, or an establishment with a segment or section devoted to the sale or display of such materials.
[(23, (24) Reserved.]
(25) Adult minimotion picture theater: An enclosed building with a capacity for less than 50 persons used for presenting material for observation by patrons and which excludes minors by virtue of age.
[(26), (27) Reserved.]
(28) Adult motion picture theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as herein defined, for observation by patrons therein.
(29) Adult photo studio: An establishment which, on payment of a fee, provides photographic equipment and/or models for the purpose of photographing "specified anatomical areas."
[(30) Reserved.]
(31) Adult use: The term "adult use" shall include adult amusement or entertainment establishments, adult bookstores, adult mini motion picture theaters, adult motion picture theaters, and adult photo studios.
(32) Adverse effects: Any land use which may cause deterioration of surface [water] or groundwater to a level which may adversely impact current or future beneficial uses. These uses include, but are not limited to, any use which may cause groundwater to exceed maximum allowable concentrations as set in ARSD 74:03:15:01 through 74:03:05:05.
[(33) Reserved.]
(34) Agriculture: The production, keeping or maintenance for sale, lease or personal use of plants and animals useful to man, including but not limited to forages; sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. This definition shall not include intensive agricultural activities such as feedlot operations, chicken farms and agribusiness activities.
[(35), (36) Reserved.]
(37) Airport: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers, including heliports. (See "heliport.")
[(38), (39) Reserved.]
(40) Alley: An alley is a public right-of-way which affords only a secondary means of access to abutting property.
(41) Antenna: Any device that radiates or captures electromagnetic wave signals, including digital voice and data signals, analog voice and data signals, video signals or microwave signals, and is mounted on a structure that allows freedom from obstruction for the radiation and capture of the electromagnetic signals.
(41.1) Antenna support structure: Any existing structure that supports wireless communications facilities, such as but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples and light poles.
(42) Aquifer: A geologic formation, group of formations or part of a formation capable of yielding, storing or transmitting a usable amount of groundwater to wells or springs for domestic or animal use.
(43) Arcade: A building or structure, open to the public, which contains coin-operated games and similar entertainment and amusement devices as the primary use or with five or more games as an accessory use.
[(44), (45) Reserved.]
(46) Assisted-living center and congregate care facility: A facility to provide apartment living for persons over the age of 55 or persons subject to chronic illnesses or infirmities but who do not need a level of nursing care provided in a licensed nursing home. Assisted-living centers need not be licensed by the State of South Dakota, but must provide at least one common hot meal per day for residents in the facility. (Ord. No. 27-96, § 1, 3-4-96)
[(47), (48) Reserved.]
(49) Reserved: (Ord. No. 39-96, § 16, 4-1-96)
[(50), (51) Reserved.]
(52) Reserved: (Ord. No. 39-96, § 16, 4-1-96)
[(53), (54) Reserved.]
(55) Automobile storage yard: The temporary storage of vehicles which are impounded, licensed and operable, in an unroofed area.
(56) Automotive fluid dispenser sign: Any advertising sign that is attached to an automotive fluid dispenser.
(57) Avigation: Aerial navigation.
(58) Awning: A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
[(59), (60) Reserved.]
(61) Banner: A temporary sign composed of cloth, canvas, fabric, or other lightweight material secured or mounted so as to allow movement of the sign caused by movement of the atmosphere and intended to advertise special events or grand openings, and not intended to be used for business identification, or as permanent advertising.
[(62)--(66) Reserved.]
(67) Basement: A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
[(68) Reserved.]
(69) Bed and breakfast establishment: A private dwelling, single-family detached which is used to provide limited meals and temporary accommodations for a charge to the public.
(69.1) Big Sioux aquifer system: A shallow, unconfined aquifer comprised of glacial outwash deposits in a valley cut into older underlying glacial till. This aquifer is hydraulically connected to the Big Sioux River, which flows south through the same valley, and to the Skunk Creek aquifer and to Skunk Creek. It lies in South Dakota's eastern border counties.
(70) Billboard: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
[(71), (72) Reserved.]
(73) Board of adjustment: Public and quasijudicial agency charged with duty to hear and determine zoning appeals.
[(74), (75) Reserved.]
(76) Boardinghouse: A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.
[(77), (78) Reserved.]
(79) Broadcast tower: Shall mean a structure, not including offices or studio, for the transmission of radio or television broadcast communications.
[(80), (81) Reserved.]
(82) Buildable area: The three-dimensional space within which a building is permitted to be built on a lot and which is defined by maximum height regulations and yard setback regulations.
[(83), (84) Reserved.]
(85) Buildable width: The distance between two opposite building setback lines.
[(86), (87) Reserved.]
(88) Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is constructed or erected on the ground or attached to the ground with a fixed location on the ground. (Ord. No. 39-96, § 4, 4-1-96)
[(89), (90) Reserved.]
(91) Building, detached: A building surrounded by open space on the same lot.
[(92), (93) Reserved.]
(94) Building frontage: The linear length of a building facing the right-of-way, excluding canopies and overhangs.
[(95), (96) Reserved.]
(97) Building height: The vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest roof, or to the average height of the highest gable of a pitched, hipped or shed roof. The measurement shall be taken from the average elevation of the finished grade within ten feet of the structure.
[(98), (99) Reserved.]
(100) Building line: Is a line on the lot running parallel to and the required horizontal distance from the nearest property line.
[(101), (102) Reserved.]
(103) Building permit: A document signed by the director of the planning and building services department or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a building, which acknowledges that such use or building complies with the provisions of the municipal zoning ordinance [this appendix] or an authorized variance therefrom.
[(104), (105) Reserved.]
(106) Building, principal: A nonaccessory building in which is conducted the principal use of the lot on which it is located.
[(107), (108) Reserved.]
(109) Building, residential: A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers, and which includes, but is not limited to, the following types:
(1) Single-family detached dwellings;
(2) Single-family attached dwellings;
(3) Multiple-family dwellings (including apartment hotels);
(4) Lodginghouses; and
(5) Fraternity and sorority houses.
[(110), (111) Reserved.]
(112) Bulk regulations: Standards that control the height, density, intensity and location of structures.
[(113), (114) Reserved.]
(115) Bus passenger terminal: A place where the transfer of people between modes of transportation takes place.
[(116), (117) Reserved.]
(118) Bus/truck terminal: An area and building where buses, trucks and cargo is [are] stored; where loading and unloading is carried on regularly; and where minor maintenance of these types of vehicles is performed.
[(119), (120) Reserved.]
(121) Bus/truck wash: Any building or portions thereof used for washing buses and/or trucks.
(122) Business location: A particular identifiable locality, building, or portion thereof used for a commercial or industrial enterprise, task, mission, or calling.
[(123) Reserved.]
(124) Campground: A plot of ground for public use upon which two or more camping sites are located, established, maintained, advertised or held out to the public, to be a place where camping units can be located and occupied as temporary living quarters for children or adults or both.
(125) Camping unit: Includes travel trailers, pickup coaches or campers, motor homes, camping trailers, tents, and similar forms of portable shelter used for recreational purposes.
[(126) Reserved.]
(127) Canopy: A roof-like structure for the purpose of shielding people or motor vehicles from the elements.
[(128), (129) Reserved.]
(130) Car wash: Any building or portions thereof used for washing automobiles.
[(131), (132) Reserved.]
(133) Cellar: That part of a building having more than one-half of its height below the average grade of the adjoining ground.
(134) Cemetery: Land used for interment of human or animal remains or cremated remains, including a burial park, a mausoleum, a columbarium, necessary sale and maintenance facilities, or a combination thereof. Crematories and mortuaries may be included when operated within the cemetery boundary.
[(135) Reserved.]
(136) Certificate of occupancy: A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
[(137), (138) Reserved.]
(139) Change of use: Substitution of one thing for another specifically regarding use of land or use of a building.
[(140), (141) Reserved.]
(142) Church: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
[(143), (144) Reserved.]
(145) City: Means City of Sioux Falls, South Dakota.
[(146), (147) Reserved.]
(148) City commission: Means board of city commissioners, Sioux Falls, South Dakota.
[(149), (150) Reserved.]
(151) [Reserved.]
[(152), (153) Reserved.]
(154) Club: Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
[(155), (156) Reserved.]
(157) College or post high school: An educational institution which awards associate or higher degrees or post high school vocational training.
(157.1) Commercial feedlot: A feeding operation involving more than 200 animal units outside an enclosed structure or building within a confined area which lacks vegetation, crops or other types of ground cover. One animal unit is equivalent to one beef cow, steer, feeder or fat beef animal; 0.7 horse; 0.7 dairy cow; 1.7 swine; 6.7 sheep; 33 hens, cockerels, capons, broilers or ducks; and ten geese or turkeys.
(158) Commercial parking lot/facility: An approved open or enclosed offstreet parking area or structure in compliance with 15.55.070 where licensed and operable motor vehicles are temporarily stored for a fee.
[(159)--(162) Reserved.]
(163) Commission: Means city planning commission of Sioux Falls, South Dakota.
[(164), (165) Reserved.]
(166) Common grounds: Any land held in common through a homeowners' association or similar organization.
[(167), (168) Reserved.]
(169) Comprehensive plan: The adopted long range plan intended to guide the growth and development of the community and region, including analysis, recommendations and proposals of the community's population, economy, housing, transportation, community facilities, and land use.
[(170), (171) Reserved.]
(172) Conditional use permit: A permit issued by the city or city and county planning commissions stating that the conditional use complies with the conditions and standards set forth in this title and authorized by the planning commission.
[(173, 174) Reserved.]
(175) Contractor's shop and storage yard: Use of land or building(s) for storage and preparation of materials used by that same individual(s) in conducting the business of construction and repair work, generally completed at some other onsite location.
(176) Contaminant: Any "regulated substance", as defined by SDCL 34A-12-1(8), as in effect on the date of passage of this ordinance and as amended from time to time, and all petroleum products, including gasoline, oil, waste oil, and other fuels as well as their hazardous constituents.
(177) Contingency plans: Documents setting forth operational plans that explain how a facility and its personnel will respond to an accidental or intentional discharge/release of a contaminant or hazardous material.
(178) Convent and monastery: A place of residence for bona fide members of a religious order who carry on religious, medical, educational, or charitable work in adjacent institutions.
[(179), (180) Reserved.]
(181) Court: An open space more than one-half surrounded by buildings.
(182) Crematorium: A furnace for the incineration of corpses.
(183) Crematory: The building or portion of a building that houses the cremation chamber and the holding facility within or adjacent to the crematory facility designated for the retention of human remains prior to cremation.
(184) Curbline: The outside lines of the pavement or roadway.
[(185), (186) Reserved.]
(187) Day care: The providing of care and supervision of children/adults as a supplement to regular parental/home care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.
[(188), (189) Reserved.]
(190) Day care, center: A facility used for providing adult or child day care, and is limited in number over 12 by the square footage of useable space available. The ratio is 35 square feet per person indoors and 50 square feet per person outdoors.
[(191), (192) Reserved.]
(193) Day care, home: Care is provided in a dwelling and the number of persons cared for is limited to a maximum of six adults or six children under the age of 14 years. Included in the number of children are the provider's own children six years and under. The dwelling shall be used as the principal use, and the day care use be accessory.
[(194), (195) Reserved.]
(196) Day care, family: Care is provided in a dwelling. The number of persons cared for is seven to 12 adults or children under the age of 14 years including the provider's own children six years and under. The dwelling shall be used as the principal use, and the day care use be accessory.
[(197), (198) Reserved.]
(199) Density: The number of families, individuals, dwelling units or housing structures per unit of land.
(200) Development: The carrying out of any construction, reconstruction, alteration of surface, structure, change of land use or intensity of use, and including but not limited to the deposit of refuse, solid or liquid waste, any mining or drilling operation, or work relating to the creation of a road, street or parking area.
[(201) Reserved.]
(202) Director of planning and building services: That person appointed by the city council to be the leader of this specific department, empowered to carry out/enforce all those codes adopted that regulate planning, building, plumbing, electrical inspection, and zoning.
[(203), (204) Reserved.]
(205) Distillation of products: A building or premises used for the purification and concentration of a substance by volatilization or evaporation and subsequent condensation.
[(206), (207) Reserved.]
(208) District: A part, zone, or geographic area of the City of Sioux Falls or its extraterritorial zoning jurisdiction within which certain zoning or development regulations apply.
[(209), (210) Reserved.]
(211) Drive-up service window/device: An establishment which accommodates the patron's motor vehicles, from which the occupants may obtain or receive a service or obtain a product through a service window or automated device.
[(212), (213) Reserved.]
(214) Dwelling: A building or portion thereof used exclusively for human habitation, including single-family, two-family, and multiple-family dwellings, but not including hotels, motels or lodginghouses.
[(215), (216) Reserved.]
(217) Dwelling, multiple-family: A building or portion thereof containing three or more dwelling units.
[(218), (219) Reserved.]
(220) Dwelling, nonfarm: A single-family dwelling not located on a farm which is not used or intended for use by the farm's owner or relative of the owner or a person employed thereon.
[(221), (222) Reserved.]
(223) Dwelling, single-family: A dwelling having accommodation for and occupied by one family.
[(224), (225) Reserved.]
(226) Dwelling, single-family detached: A dwelling which is designed for and occupied by not more than one family and is surrounded by yards and is not attached to any other dwelling by any means.
[(227), (228) Reserved.]
(229) Dwelling, single-family farm: Single-family dwelling located on a farm which is used or intended for use by the farm's owner or relative of the owner or a person employed thereon.
[(230), (231) Reserved.]
(232) Dwelling, townhouse: One of a group or row of two or more single-family dwellings designed and built as a single structure facing upon a street in which the individual townhouse may or may not be owned separately. The townhouse need not face upon a street if otherwise specifically provided in this title. For the purpose of side yard regulations, the structure containing the row or group of townhouses shall be considered as one building occupying a single lot.
[(233), (234) Reserved.]
(235) Dwelling unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
[(236), (237) Reserved.]
(238) Efficiency unit: A dwelling consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing that such dining alcove shall not exceed 90 square feet in area and shall not be used for sleeping purposes.
[(239), (240) Reserved.]
(241) Electrical substation: A premises which may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An electrical substation shall be secondary, supplementary, subordinate and auxiliary to the main system.
(242) Environmental impact committee: A committee appointed by the mayor and commissioners comprised of representatives from the health, planning and zoning, engineering, fire, attorney and utilities departments. The mayor and commissioners shall also designate alternates.
[(243) Reserved.]
(244) Exploration for minerals: The act of searching for or investigating a mineral deposit, including, but not limited to, sinking shafts, tunneling, drilling cave, and bore holes, and digging pits or cuts and other work for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, accessways and other facilities related to such work.
[(245), (246) Reserved.]
(247) Extraterritorial zoning jurisdiction: The power of the municipality to plan and zone the area up to three miles beyond the city limits.
[(248), (249) Reserved.]
(250) Family: A nonprofit household unit sharing common living, sleeping, cooking, and sanitary facilities which includes a person living alone or any of the following groups:
(1) Any number of people related by blood, marriage, adoption, guardianship, or foster care.
(2) Not more than three unrelated adults.
(3) A group of no more than seven people who are "handicapped" as defined by the Fair Housing Act, 42 U.S.C. §3606(h). Prior to occupancy of the structure, the planning and building services department shall be provided with proof of a record of impairment issued by a South Dakota licensed or accredited agency that provides services to persons who are "handicapped."
A family does not include rehabilitation facilities or halfway houses.
[(251), (252) Reserved.]
(253) Farm: A parcel of land used for agricultural purposes, with a minimum of ten acres in size.
[(254), (255) Reserved.]
(256) Farm implement dealer: The use of any building or land area for the display and sale of new and used farm implements, including any warranty repair work and other repair service conducted as an accessory use.
[(257), (258) Reserved.]
(259) Farmstead: The area of a farm in which the outbuildings sit and is normally protected by a grove(s) and not used for crops or grazing.
[(260), (261) Reserved.]
(262) Farm store/feed store: A retail store selling primarily agricultural products, including the bulk storage of fertilizers and related agrichemicals.
[(263)--(269) Reserved.]
(270) Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. (Ord. No. 20-94, § 2, 3-7-94)
[(271)--(288) Reserved.]
(289) Floor area: The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement, or cellar when said space is used for storage or incidental uses.
(290) Foot candle: A measure of light falling on a given surface. One foot candle is equal to the amount of light generated by one candle shining on a square foot surface one-foot away.
[(291) Reserved.]
(292) Freestanding sign (ground sign): A sign supported by one or more uprights, poles, or braces in or upon the ground and not attached to any building.
[(293), (294) Reserved.]
(295) Frontage: All the property on one side of a street or highway between two intersecting streets (crossing or terminating) for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is deadended, then all of the property abutting on one side between an intersecting street and the dead end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
[(296), (297) Reserved.]
(298) Frozen food locker: A place where an animal is dressed and packaged, where no rendering or refining is done.
[(299), (300) Reserved.]
(301) Fruit/vegetable canning and processing: A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.
(302) Fully shielded [cutoff] light fixture: A light fixture constructed in such a manner that all light emitted by the fixture is projected below the horizontal plane running through the lowest point of the fixture where light is emitted.
(303) Funeral establishment: An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.
(304) Garage, private: An accessory building designed or used for the storage of not more than four motor vehicles, excluding all commercial vehicles, owned and used by the occupants of the building to which it is accessory.
[(305), (306) Reserved.]
(307) Reserved: (Ord. No. 39-96, § 16, 4-1-96)
[(308), (309) Reserved.]
(310) Garden center: "Garden center" shall mean a building or premises used primarily for the retail sale of items useful in the culture, display or decoration of lawns, gardens or indoor plants, including books, appliances and tools, but not including power tools or tractors.
[(311), (312) Reserved.]
(313) Gas dispensing station: Any building or premises which provides for the retail sale of gasoline or oil. No automobile repair work or sale of auto accessories or testing may be done. Gasoline pumps and islands shall be located more than 12 feet from the nearest property line.
(314) Gas pump topper signs: A sign enclosed within a rigid frame which is attached to the top of a gas pump. (Ord. No. 74-92, § 2, 8-3-92)
[(315) Reserved.]
(316) General manufacturing: Those manufacturing processes, including light manufacturing, which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare or the operation of the processes outside the building.
[(317), (318) Reserved.]
(319) Golf course: A tract of land for playing golf, improved with tees, greens, fairways [and] hazards, and which may include clubhouses and shelters.
[(320), (321) Reserved.]
(322) Grade: Grade (adjacent to ground elevation) is the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.
[(323), (324) Reserved.]
(325) Grain terminal: A facility for the storage of agricultural grains.
[(326), (327) Reserved.]
(328) Greenhouse: A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
[(329), (330) Reserved.]
(331) Ground sign: See "freestanding sign".
[(332), (333) Reserved.]
(334) Group home: A supervised living or counseling arrangement in a family home context providing for the 24-hour care of children or adults.
(335) Groundwater: Subsurface water that occurs in soils and geologic formations that are fully saturated.
(336) Hazardous material: Any containment and any hazardous chemical constituting a physical or health hazard as defined and classified in the building code and fire code.
(337) Heliport: See "airport". An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.
(338) Historic district: Properties with historic designation as referenced on the Register of Historic Places in Section 19 1/2-35 of the city ordinance.
[(339) Reserved.]
(340) Home occupation: A home occupation is any occupation carried on by a member of the immediate family residing on the premises, in accordance with 15.49.040.
[(341), (342) Reserved.]
(343) Hospital: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
[(344), (345) Reserved.]
(346) Hotel, motel, motor court, motor lodge, or tourist court: Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.
(347) Human service facility: Facilities and uses that provide an essential human purpose or services including, but not limited to: food, clothing and/or medical care distribution.
[(348) Reserved.]
(349) Indoor recreational use/facility: A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
[(350), (351) Reserved.]
(352) Junkyard: Any lot, land, parcel or portion thereof used for the storage, wrecking, dismantling, salvage, collection, processing, purchase, sale or exchange of abandoned or discarded vehicles, goods, waste and scrap materials including, but not limited to: two or more abandoned or inoperable motor vehicles, glass, tires, appliances, machinery or automotive and mechanical parts. A junkyard does not include operations entirely enclosed within buildings.
[(353), (354) Reserved.]
(355) Kennel: Any premises, or portion, thereof, where dogs, cats and other household pets are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
[(356), (357) Reserved.]
(358) Landscaped area/living ground cover: Ground area that is modified from a natural state and permanently devoted and maintained in turfgrass, herbaceous perennials, shrubs, or flowers.
Actively growing weeds as typically declared by the county to be locally noxious and all other non- woody plants growing to a greater height than eight inches shall not be considered living ground cover.
(359) Leaks and spills: Any intentional or unintentional discharge of contaminants into the environment.
[(360) Reserved.]
(361) Light manufacturing: Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat or glare. These commercial and industrial uses are characterized by generally having all aspects of the process carried on within the building itself.
(362) Light trespass: The shining of light beyond a property line.
[(363) Reserved.]
(364) Loading space: A space within the main building or on the same lot for the standing, loading or unloading of trucks.
[(365), (366) Reserved.]
(367) Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, which may include one main building together with its accessory buildings [and] the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place.
[(368), (369) Reserved.]
(370) Lot area: The lot area is the area of a horizontal plane bounded by the front, side and rear lot lines.
[(371), (372) Reserved.]
(373) Lot, corner: A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
[(374), (375) Reserved.]
(376) Lot double frontage: A lot which abuts a street on two opposite sides (not a corner lot). (Ord. No. 20-94, § 2, 3-7-94)
[(377), (378) Reserved.]
(379) Lot frontage: The length of the front lot line measured at the street right-of-way line.
[(380), (381) Reserved.]
(382) Lot, interior: A lot other than a corner lot.
[(383), (384) Reserved.]
(385) Lot line: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
[(386), (387) Reserved.]
(388) Lot line, front: The lot line separating a lot from a street right-of-way.
[(389), (390) Reserved.]
(391) Lot line, rear: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than three feet to any lot line.
[(392), (393) Reserved.]
(394) Lot line, side: Any lot line other than a front or rear lot line.
[(395), (396) Reserved.]
(397) Lot of record: A lot of record is a lot which is part of a subdivision or a certified survey map which has been recorded in the office of the county register of deeds, or a parcel of land, the deed to which was recorded in the office of said register of deeds prior to the effective date of this ordinance. Any lot or parcel of land created through a violation of any applicable laws or ordinances of the State of South Dakota and the City of Sioux Falls shall not, in this instance, be considered a lot of record.
(398) Lumen: A measure of light energy generated by a light source.
(399) Luminaire: The complete lighting assembly, less the support assembly. For purposes of determining total light output from a luminaire’s lighting assembly which includes multiple unshielded or full cutoff lamps on a single pole or standard, shall be considered a single unit. Two or more units with lamps less than three feet apart shall be considered a single luminaire.
(400) Main building: See "principal building".
[(401), (402) Reserved.]
(403) Manufacture of acid, alcohol, ammonia, asphalt, bleach, cement, chlorine, dyestuffs, explosives, fertilizer, glue, gypsum, lime, oils, plaster of Paris, shellac, sizing, turpentine or yeast, etc.: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts; the manufacturing of products; and the blending of materials such as lubricating oils, plastics, resins or liquors.
[(404), (405) Reserved.]
(406) Map, official zoning: The map or maps, which are legally adopted as a part of the zoning ordinance [this appendix], that delineate the boundaries of the zoning districts [and] show the location and size of public rights-of-way, public waterways, and the city limit lines.
[(407), (408) Reserved.]
(409) Marquee: A permanent roof-like shelter extending from part or all of the building face and constructed of some durable material.
[(410), (411) Reserved.]
(412) Massage parlor: Any establishment or operation wherein a massage is administered, or is permitted to be administered, when such massage is administered or permitted to be administered for any form of consideration. "Massage" shall be defined by section 23 1/2-1 of the Revised Ordinances of Sioux Falls.
[(413), (414) Reserved.]
(415) Mining: The development or extraction of a mineral from its natural occurrence or affected land. The term includes, but is not limited to, surface mining and surface operation, in-site mining, the reprocessing of tailing piles, the disposal of refuse from underground mining, and milling and processing located on land described in the application for a mining permit.
[(416), (417) Reserved.]
(418) Manufactured home: A dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process. A manufactured home is designed to be towed on its own chassis or be site delivered by alternative means. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards. For manufactured homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required. This definition does not include prefabricated homes licensed under section 5007 of section 11-20 of chapter 11 of the Revised Ordinances of Sioux Falls. (Ord. No. 103-94, § 7, 11-21-94)
[(419), (420) Reserved.]
(421) Manufactured home park, licensed: A contiguous parcel of land operated as a unit, under the same ownership where two or more lots are rented for the temporary placement of manufactured homes, with all necessary facilities and services, and is licensed by the City of Sioux Falls.
(422) Medical office: An establishment where patients are admitted for examination or treatment by one or more physicians, dentists, psychologists, optometrists, social workers, or other members of the healing professions and where patients are not usually lodged overnight
[(423) Reserved.]
(424) Mortuary: A place for the storage of human bodies prior to their burial or cremation.
[(425), (426) Reserved.]
(427) Motel: A motel is an establishment consisting of a group of attached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone, and secretarial or desk service, and the use and upkeep of furniture. In a motel, less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists. See "hotel/motel".
(428) Motor vehicle: Any vehicle which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, vans, buses, motorbikes, trucks, trailers, go- carts, golfcarts, boats, snowmobiles and campers.
(429) Motor vehicle repair: Any building or premises involving the repair and/or painting of motor vehicle bodies or parts thereof and the rebuilding and/or overhauling of engines or transmissions. (Ord. No. 39-96, § 18, 4-1-96)
(430) Motor vehicle, commercial: Any vehicle which has more than 16 square feet of signage or which is adapted, designed, equipped and used to perform a specific commercial function and which does not meet the definition of motor vehicle, personal/passenger, as defined herein.
(431) Motor vehicle, inoperable: A motor vehicle which is not in operating condition due to damage, removal or inoperability of one or more tires and/or wheels, engine or other essential parts, or which is not in operating condition due to damage or removal of equipment as required by the State of South Dakota for its lawful operation, or which does not have lawfully affixed thereto a valid state license plate, or which constitutes an immediate health, safety, fire or traffic hazard.
(432) Motor vehicle, personal/passenger: Any car, pickup truck or van which has no more than 16 square feet of signage and which is designed and facilitates personal/passenger travel and has not been externally altered with features not customary to personal usage.
(433) Motor vehicle, recreational: Any vehicle which is adapted, designed and equipped to facilitate leisure time activities including, but not limited to, the following: ATVs, boats, snowmobiles, and motor vehicles utilized for motor vehicle racing events, along with trailers to haul said vehicles; RVs and travel trailers.
(434) Motor vehicle sales display and rental: The use of any building, land area or premises for the display, sale or rental of new or used motor vehicles and including any warranty repair work and other repair service conducted as an accessory use. The sale or display of inoperable motor vehicles is not allowable as part of this use category; see "junkyard."
(435) Motor vehicle service station: Any building or premises which provides for the retail sale of gasoline, oil, tires, batteries and accessories for motor vehicles and/or for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Motor vehicle repair work may be done at a motor vehicle service station provided that no rebuilding of engines, spray paint operations, or body or fender repair is conducted. Gasoline pumps and gasoline pump islands shall be located more than 12 feet from the nearest property line. (Ord. No. 39-96, § 17, 4-1-96)
(436) Mural: A pictorial representation not identifying goods or services offered by a business.
(437) Neighborhood utility facility: Telephone, electric, and cable television lines, poles, and equipment; water or gas pipes, mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings that exceed 120 square feet of roof area) necessary for conducting a service by a government or a public utility.
[(438) Reserved.]
(439) Nonconforming building or structure: Any building or structure which:
(1) Does not comply with all of the regulations of this ordinance or any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
(2) Is designed or intended for a nonconforming use.
[(440), (441) Reserved.]
(442) Nonconforming use: A use of land, buildings, structures or premises that lawfully existed prior to the adoption, revision or amendment to this title but which fails, by reason of such adoption, revision or amendment, to conform to the present use restrictions of the zoning district in which it is located.
[(443), (444) Reserved.]
(445) Nonstandard use: The category of nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this title which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this title.
[(446), (447) Reserved.]
(448) Nursery: Land or greenhouses used to raise flowers, shrubs and plants for sale. See "greenhouse."
[(449), (450) Reserved.]
(451) Nursing home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
[(452), (453) Reserved.]
(454) Office building: A building designed for or used as the office of professional, commercial, industrial, financial, religious, institutional, public, or semipublic persons or organizations. Broadcast stations, offices and studios shall be considered to be office buildings; broadcast towers as defined in this title shall not be so considered.
(455) Off-sale alcoholic beverage establishment: Any use which has been licensed to sell alcoholic beverages for consumption off the premises where sold.
(456) On-sale alcoholic beverage establishment: Any use which has obtained a conditional use permit for an on-sale alcoholic beverage establishment as defined in SDCL 35-1-1 and is or will be licensed to sell alcoholic beverages for consumption upon the premises where sold or provided. This use does not include special one-day liquor or special malt beverage licenses or a full service restaurant and as provided elsewhere in this title.
(457) Outdoor lighting fixture: An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to:
(1) Parking lot lighting.
(2) Building and structural lighting.
(3) Landscape lighting.
(4) Recreational lighting.
(5) Billboards and other signs (advertising or otherwise).
(6) Product display area lighting.
(7) Building overhangs and open canopies.
(8) Security lighting.
(9) Searchlight, spotlight, and flood lights.
(458) Outdoor recreation facility: An area designed for active recreation, whether publicly or privately owned, including, but not limited to baseball, soccer, football, golf, tennis, swimming pools, and race tracks of any sort.
(459) Outdoor storage: The keeping, in an unroofed area, of any goods, material, merchandise or vehicles in the same place for more than 24 hours. Goods, material, merchandise or vehicles shall not include items listed, nor be of a nature as indicated, in the definition of junkyard as defined herein.
(460) Painted wall sign: A sign painted directly on the surface of a building wall.
[(461), (462) Reserved.]
(463) Parapet or parapet wall: That portion of a building wall which rises above the roof level.
[(464), (465) Reserved.]
(466) Parcel: A contiguous quantity of land in possession of, owned by or recorded as property of the same claimant person or company.
[(467), (468) Reserved.]
(469) Parking space: A hard-surfaced area, enclosed or unenclosed, sufficient in size to park one motor vehicle. A parking space must be provided an unobstructed means of access, except as otherwise provided in section 15.59.140, and all spaces shall meet the minimum criteria as prescribed by the city's traffic engineering department.
(470) Parking space, interior: Commonly one of a row of like spaces in a parking lot, an interior parking space is one that does not abut a parking lot's perimeter.
(471) Pennants: Any geometric shaped cloth, fabric or other lightweight material normally fastened to a stringer and limited to a maximum sign area of 1 1/2 square feet which is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere.
(472) Permitted uses: Any permissive, permitted special, or conditional use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
[(473), (474) Reserved.]
(475) Permitted special use: A use allowed in a zoning district subject to the applicable restrictions of that zoning district and additionally subject to certain restrictions for that specific use.
(476) Personal communication services (PCS): Licenses granted by the Federal Communications Commission (FCC) to build digital wireless phone networks which compete with standard cellular service.
[(477) Reserved.]
(478) Personal service: Establishments primarily engaged in providing services involving the care of a person or their apparel. Including, but not limited to: laundry or dry cleaning, receiving station; garment services; coin-operated laundries; photographic and art studios; beauty shops; barber shops; shoe repair; reducing salons and health clubs; dance studios; clothing rental.
(479) Photometric plan: A plan used for an approval process or construction indicating the number, location, type of luminaire, and manufacturer's specification data, on proposed site lighting, both pole and building mounted.
[(480) Reserved.]
(481) Place: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
[(482), (483) Reserved.]
(484) Planning commission: The duly designated planning board of the municipality responsible for reviewing and approving applications for development and preparation of master plans and ordinances.
[(485), (486) Reserved.]
(487) Portable sign: Any sign not permanently attached to the ground or building.
[(488), (489) Reserved.]
(490) Premises: A lot, parcel, tract or plot of land, together with all buildings and structures thereon.
(491) Primary containment facility: The tank, pit, container, pipe, enclosure or vessel of first containment of a contaminant or a potential contaminant.
[(492) Reserved.]
(493) Principal building: A building in which is conducted the primary or predominant use of the lot on which it is located.
[(494), (495) Reserved.]
(496) Principal use: The primary or predominant use of any lot.
[(497), (498) Reserved.]
(499) Printing plant: A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including, but not limited to, offset printing, lithography, web offset, flexographic and/or screen process printing.
[(500), (501) Reserved.]
(502) Private club: A group of people organized for a common purpose to pursue common goals, interests or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
[(503), (504) Reserved.]
(505) Private lake: A lake relating to a specific subdivision not open to all of the public.
[(506), (507) Reserved.]
(508) Projecting sign: A sign other than a wall sign which is attached to and projects from a structure or building face.
[(509), (510) Reserved.]
(511) Property line: See "lot line."
[(512) Reserved.]
(513) Public service facility: Government facilities and uses that provide an essential public purpose or service including, but not limited to, a police station, judicial court, fire station, ambulance service, transit or transportation transfer station, library, community center, public recreation facility, or office, but not including public utility or treatment stations, maintenance facilities, sanitary landfills or facilities for incarcerated persons.
(514) Public utility facilities: See "neighborhood utility facilities." The definition is the same as the neighborhood except that buildings that exceed 120 square feet in roof area are allowable.
[(515), (516) Reserved.]
(517) Public way: A public way is any sidewalk, street, alley, highway or other public thoroughfare.
[(518), (519) Reserved.]
(520) Quarry: A surface excavation used for the removal of rock, stone, sand, gravel and fill dirt for sale or use offsite, and includes sifting, crushing, and washing and bagging.
[(521), (522) Reserved.]
(523) Recreation facility: A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive.
[(524), (525) Reserved.]
(526) Recreation facility, commercial: A recreation facility operated as a business and open to the public for a fee.
(527) Recreation facility, public: A recreation facility operated by a governmental agency and open to the general public with or without fees.
(528) Recreational facility, subdivision: A recreation facility operated by a residential subdivision and open to the subdivision residents with or without fees.
[(529) Reserved.]
(530) Recyclable materials: Materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to aluminum, paper, glass, and plastic.
(530.1) Recycling collection facility: An established facility where recyclable materials are collected for shipment off site, with no processing such as grinding or crushing of the materials. Fully enclosed automated self-service aluminum collection machines not more than 750 square feet are considered recycling collection facilities regardless of whether they contain a crusher or grinder. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.
(531) Recycling processing facility: An established facility where recyclable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. No onsite sales of materials, nor salvage-type automobiles may be processed at these types of facilities. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.
(532) Reservoir parking spaces: Reservoir parking spaces are those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
(533) Regulated medical waste. Regulated medical waste is any solid waste that is generated in the diagnosis, treatment, or immunization of humans or animals, in research pertaining to diseases of humans or animals, or in a production or testing of biologicals. Regulated medical waste shall not include medical waste generated in an individual household. Examples of regulated medical waste include, but are not limited to:
(1) Cultures and stocks: Cultures and stocks of infectious agents and associated biologicals, including the following:
(a) Cultures from medical and pathological laboratories;
(b) Cultures and stocks of infectious agents from research and industrial laboratories;
(c) Wastes from the production of biologicals;
(d) Discarded live and attenuated vaccines; and
(e) Culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Pathological waste: Human pathological waste, including:
(a) Tissues, organs, and body parts and body fluids that are removed during surgery, autopsy, or other medical procedures except those extracted teeth that are returned to the patient;
(b) Specimens of body fluids and their containers.
(3) Human blood and blood products, as follows:
(a) Liquid waste human blood;
(c) Items saturated or dripping with human blood;
(d) Items that were saturated or dripping with human blood that are now caked with dried human blood;
(e) Serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing, and laboratory analysis or the development of pharmaceuticals; and
(f) Intravenous blood and blood product bags.
(4) Sharps: Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including the following:
(a) Hypodermic needles;
(b) Syringes with the attached needle or containing body fluids;
(c) Pasteur pipettes;
(d) Scalpel blades;
(e) Blood vials;
(f) Needles with attached tubing;
(g) Culture dishes, regardless of the presence of infectious agents; and
(h) Other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.
(5) Animal waste: Contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research, including research in veterinary hospitals, production of biologicals, or testing of pharmaceuticals.
(6) Isolation waste: Biological waste and discarded materials contaminated with blood, excretion, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases as identified by the health care facility or isolated from animals known to be infected with highly communicable diseases.
(7) Unused sharps: The following unused, discarded sharps:
(a) Hypodermic needles;
(c) Syringes with the attached needle; and
(d) Scalpel blades.
(534) Regulated medical waste transfer or treatment facility. A regulated medical waste transfer or treatment facility is a site, including the land and any structures thereon, where regulated medical waste is accepted, transferred, stored, handled, treated, decontaminated, processed, or disposed of by any method, technique, or process designed to change the biological character or composition of a regulated medical waste to reduce or eliminate its potential for causing disease. Regulated medical waste transfer or treatment facility does not include incineration facilities. This ordinance is not intended to regulate the treatment of and does not permit the acceptance of chemotherapy waste, pathological waste, radioactive waste, chemical waste, or hazardous material as defined in 40 CFR Part 261.1 to 261.38, inclusive.
(535) Retail services and trade: Establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including eating establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, and other miscellaneous services, but does not include on-sale or off-sale alcoholic beverage establishments.
(536) Retail warehouse: A building operated by a specific commercial establishment, where goods and materials are to be moved to the commercial establishment or where the general public may pick up merchandise sold on-site or at a different location. Wholesale merchandising or trade is not permitted.
[(537) Reserved.]
(538) Restaurant: An establishment where food and drink, excluding alcohol, is prepared, served, and consumed primarily within the principal building.
(539) Restaurant, Full Service: A restaurant which is regularly used and kept open for the primary purpose of serving meals to guests for compensation and which has suitable kitchen facilities connected therewith, which contains customary commercial equipment for cooking an assortment of foods which may be required for such meals. Such establishments have a separate dining area and may include a bar, cocktail lounge or other area designed primarily for the service of alcoholic beverages which operates as an accessory part of the restaurant.
[(540) Reserved.]
(541) Roof sign: Any sign erected upon, against or directly above a roof or on top of the parapet of a building.
[(542), (543) Reserved.]
(544) Rooming/boarding house: See "boardinghouse."
(545) Salvage operation, scrap processing operation, and salvage material: A facility where salvageable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included. A salvage operation does not include operations entirely enclosed within buildings.
(546) Salvageable materials: Materials or products from dismantled, nonoperating, or wrecked automobiles, trucks, trailers, equipment, machinery, mobile homes, tractors, or farm machinery, appliances, or other vehicles or parts thereof; as well as, scrap metals including iron, steel, and any other metallic material except recyclable material as defined herein.
(547) Sanitary landfill: A site for solid waste disposal.
[(548), (549) Reserved.]
(550) School, elementary or secondary (high school): Any building or part thereof, whether public or private, which is designed, constructed, or used for instruction in elementary or secondary (high school) education.
(551) School identification information signs: Freestanding signs for the purpose of identifying high schools and post-secondary schools which are exempt from taxation under SDCL ch. 10-4 and with student populations greater than 150 and which advertise only school events.
[(553)--(556) Reserved.]
(557) Screening committee: A committee made up of the director of city planning and building services, the city public health director, and the director of public works. Each committee member shall designate an alternate to act in his or her absence.
[(558) Reserved.]
(559) Seasonal roadside stands: A temporary structure which is not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. No roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.
(560) Secondary containment facility: A second level of containment outside the primary containment facility designed to prevent a contaminant or a potential contaminant from leaking or leaching into the environment.
[(561) Reserved.]
(562) Setback/setback line: That line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be erected or placed.
[(563), (564) Reserved.]
(565) Sign: Any object, device, display or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This definition does not include national or state flags or their emblems or insignia, interior window displays, athletic scoreboards, or the official announcements or signs of government.
[(566) Reserved.]
(567) Sign, animated: Employing action, motion, or the illusion of motion.
(568) Sign area: The area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
(569) Sign, blinking or flashing: Sign where the light illumination alternates suddenly between fully illuminated and fully nonilluminated in a time frame less than four seconds.
[(570) Reserved.]
(571) Sign face (display surface): The entire area of sign on which copy could be placed. See "sign area".
(572) Sign, electronic message: Signs containing a computer or digital software generated message or other automated or remote method of changing copy.
(573) Sign, illuminated: Any sign characterized by the use of artificial light, either projecting through its surface or reflecting off its surface.
(574) Sign (off-premises): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(575) Sign, fade or dissolve: A sign where the transition between static message displays are achieved with varying light intensity, where the first message or image gradually reduces light intensity to the point of not being legible, and the subsequent message or image gradually increases intensity to the point of legibility.
[(576) Reserved.]
(577) Sign (on-premises): A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
(578) Sign, parasitic: A sign affixed to a sign structure which is in addition to signs specifically designed for said sign structure.
(579) Sign, scrolling or traveling: A mode of message transition on an electronic message sign where the message appears to move vertically or horizontally across the display surface.
(580) Sign structure: Any structure which supports, has supported or is capable of supporting a sign.
[(581), (582) Reserved.]
(583) Sign, wall: A sign attached to or erected against a wall of a building and projecting no more than 12 inches with the face in a parallel plane to the plane of the building wall.
[(584), (585) Reserved.]
(586) Slaughterhouse: A facility for the slaughtering and processing of animals and the refining of their byproducts.
[(587) Reserved.]
(588) Solid waste transfer facility: A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site. This does not include an infectious waste incineration facility.
(589) Specified anatomical areas:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(c) Female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
[(590), (591) Reserved.]
(592) Specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching or of undraped human genitals, pubic region, buttock, or female breast.
[(593), (594) Reserved.]
(595) Stable: Any premises or part thereon where horses or any equine animals are maintained, boarded, bred, trained or cared for in return for remuneration, or are kept for the purpose of sale.
[(596)--(600) Reserved.]
(601) Stealth: For freestanding telecommunications towers, it is the ability to blend into the context of the surrounding environment at a given location. For antenna support structures, stealth is the ability to camouflage or conceal the presence of wireless communication facilities. Methods of camouflage or concealment are required to be approved by the director of planning and building services.
[(602), (603) Reserved.]
(604) Stockyards: A facility for the temporary confinement and marketing of animals.
[(605), (606) Reserved.]
(607) Story: A story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement cellar or unused under-floor space shall be considered a story.
[(608), (609) Reserved.]
(610) Street: A public way which affords the principal means of access to abutting property.
[(611), (612) Reserved.]
(613) Street, arterial: A principal traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.
(614) Street collector: A street which carries traffic from local streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in such development. (Ord. No. 20-94, § 2, 3-7-94)
(615) Street, local: A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities, but not intended to be used for through traffic. (Ord. No. 20-94, § 2, 3-7-94)
(616) Structural alteration: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or any complete rebuilding of the roof or the exterior walls.
[(617), (618) Reserved.]
(619) Structure: Anything constructed or erected on the ground or attached to the ground with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, signs, docks, dams, manufactured homes, and sheds.
(620) Surface impoundment: A facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds and lagoons.
[(621) Reserved.]
(622) Tank farm: An open air facility containing a number of aboveground, large containers for the bulk storage in liquid form of petroleum products.
(622.1) Telecommunications: Science and practice of transmitting information by electromagnetic means. A wide variety of information can be transferred through a telecommunications system, including voice and music, still-frame and full-motion pictures, computer files and applications, and telegraphic data.
(622.2) Telecommunications data storage facility: A self-supporting facility used to store data sent and received by telecommunications not requiring onsite staff to operate or maintain the storage of the data.
(623) Telecommunications tower: A self-supporting lattice, guyed-lattice, or monopole structure which supports wireless communications facilities. The term includes new and existing towers that are used for services such as microwave, common carrier, cellular telephone, personal communication services, two-way radio paging, and other similar services. The term telecommunications tower does not include amateur radio operators' equipment, as licensed by the Federal Communications Commission.
(624) Temporary or emergency shelter: A facility providing refuge to persons which require physical, social, or psychological therapy and counseling to assist them in overcoming physical or emotional problems which includes, but is not limited to, missions, shelters, or detoxification centers.
Exception: All temporary or emergency shelter facilities associated with a declared state of emergency by local, state, or federal government are exempt.
(625) Temporary sign: A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic, wallboard or other like materials, and intended to be displayed for a limited period of time.
[(626), (627) Reserved.]
(628) Temporary storage facility: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
[(629) Reserved.]
(630) Telecommunications tower height: The vertical distance above grade to the highest point of the telecommunications tower, including the base pad and any antenna.
(631) Telecommunications tower site: The telecommunications tower site shall be the lot of record for which the telecommunications tower is located.
[(632) Reserved.]
(633) Topping: The indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role.
[(634)—(636) Reserved.]
(637) Tree, required: A tree which is required by this ordinance and meets or exceeds the following minimum specifications according to tree type. (Ord. No. 51-94, § 1, 6-6-94)
[(638), (639) Reserved.]
(640) Use, accessory: See "accessory building or use".
[(641), (642) Reserved.]
(643) Use, conditional: A conditional use is a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.
[(644), (645) Reserved.]
(646) Use, permitted: A permitted use is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district in which such use is located.
[(647), (648) Reserved.]
(649) Use, principal: A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use includes off-premises advertising.
[(650), (651) Reserved.]
(652) Veterinarian: A person qualified and authorized to prevent, cure, or alleviate disease and injury in domestic and other animals.
[(653), (654) Reserved.]
(655) Warehouse: A building used primarily for the storage of goods and materials.
(656) Waste: Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations, or from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1986.
[(657) Reserved.]
(658) Wholesale merchandising; wholesale trade: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
[(659), (660) Reserved.]
(661) Wind energy conversion system (WECS): Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.
(662) Wireless communications facilities: Any cables, wires, lines, wave guides, antennas, antenna arrays, and any other equipment associated with the transmission or reception of telecommunications signals which a person seeks to locate or have installed upon or near a telecommunications tower or antenna support structure.
[(663) Reserved.]
(664) Yard, front: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
(665) Yard, rear: A yard extending a full width of the lot between a principal building and the rear lot line.
[(666) Reserved.]
(667) Yard required front: The required front yard shall extend across the front of a lot between the property lines. There shall be a required front yard on each street side of a corner lot. The required front yard with the smallest required front yard may be referred to as the side-street-side front yard.
[(668), (669) Reserved.]
(670) Yard line: See "building line".
[(671), (672) Reserved.]
(673) Yard, required rear: The required rear yard shall extend across the rear of a lot between the said property lines. On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
[(674), (675) Reserved.]
(676) Yard, required: A required yard shall mean the required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this title.
[(677), (678) Reserved.]
(679) Yard, required side: The required side yard shall extend between the required front yard line and the required rear yard line. There shall only be one required side yard on a corner lot.
(680) Yard, side: A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
[(681) Reserved.]
(682) Zone: A specifically delineated area or district of the City of Sioux Falls or its extraterritorial zoning jurisdiction within which regulations and requirements uniformly govern the use, placements spacing and size of land and buildings.
(Ord. No. 69-84, § 1, 4-23-84; Ord. No. 29-87, § 1, 5-4-87; Ord. No. 5-88, § 7, 1-18-88; Ord. No. 72-88, §§ 1--12, 8-1-88; Ord. No. 121-88, § 1, 12-19-88; Ord. No. 41-89, §§ 1--4, 5-15-89; Ord. No. 71-89, §§ 1--3, 7-31-89; Ord. No. 30-90, § 1, 4-2-90; Ord. No. 46-90, §§ 1, 2, 5-21-90; Ord. No. 55-90, §§ 1--4, 6-4-90; Ord. No. 5-91, § 1, 1-7-91; Ord. No. 55-91, §§ 1, 3, 7, 7-1-91; Ord. No. 79-91, § 1, 10-21-91; Ord. No. 58-93, §§ 4, 5, 7-19-93; Ord. No. 81-94, §§ 1, 2, 9-6-94; Ord. No. 94-95, §§ 2, 3, 7-3-95; Ord. No. 5-97, § 1, 1-21-97; Ord. No. 9-97, § 1, 2-3-97; Ord. No. 41-97, § 1, 6-2-97; Ord. No. 17-98, § 1, 2-2-98; Ord. No. 3-99, § 1, 1-4-99; Ord. No. 4-99, § 1, 1-4-99; Ord. No. 16-99, § 1, 2-16-99; Ord. No. 24-99, § 1, 3-1-99; Ord. No. 35-99, § 1, 3-15-99; Ord. No. 70-99, § 1, 7-6-99; Ord. No. 115-99, § 1, 11-1-99; Ord. No. 1-00, § 1, 1-3-00; Ord. No. 15-00, § 1, 3-6-00; Ord. No. 75-01, §§ 17, 18, 8-6-01; Ord. No. 87-01, § 2, 10-1-01; Ord. No. 97-01, § 1, 11-5-01; Ord. No. 20-03, § 1, 3-3-03; Ord. No. 32-04, § 3, 3-8-04; Ord. No. 85-04, § 1, 9-7-04; Ord. No. 108-04, § 1, 11-1-04; Ord. No. 21-05, §§ 1, 2, 3-7-05; Ord. No. 121-05, § 1, 11-21-05; Ord. No. 128-05, § 1, 12-19-05; Ord. No. 40-06, § 1, 4-3-06; Ord. No. 106-06, §§ 1 - 6, 9-5-06; Ord. No. 02-07, § 1, 1-2-07; Ord. No. 13-07, § 1, 1-16-07; Ord. No. 76-07, § 1, 6-4-07; Ord. No. 107-07, § 1, 7-2-07; Ord. No. 129-07, § 1, 8-6-07; Ord. No. 130-07, §§ 1, 2, 8-6-07; Ord. No. 01-08, §§ 1-3, 1-7-08; Ord. No. 60-08, §§ 1-3, 5-12-08; Ord. No. 93-08, § 1, 7-21-08; Ord. No. 109-09, §§ 1-2, 12-7-09; Ord. No. 112-09, §§ 1-2, 4, 12-21-09)
CHAPTER 15.05 DISTRICTS AND BOUNDARIES
15.05.010 Districts designated.
In order to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of a lot that may be occupied; the size of the yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, industry, residence or other purposes; the city and the area of extraterritorial zoning jurisdiction are hereby divided into the following districts:
AG Agricultural
RR Rural residential
RS-1 Residential
RS-2 Residential
RD Residential
RA-1 Residential
RA-2 Residential
MH Residential
O General office
S Institutional
C-1 Neighborhood commercial
C-2 General commercial
C-3 Central commercial (business)
C-4 Planned commercial
I-1 Light industrial
I-2 General industrial
RC Recreation/conservation
PD Planned development
The following districts shall be designated as zoning overlay districts, imposing special regulations on the properties that fall within these overlay districts without abrogating the requirements imposed by the underlying land use district regulations:
DR Design review
(Ord. No. 5-88, § 1, 1-18-88; Ord. No. 94-95, § 4, 7-3-95)
15.05.020 Incorporated by reference.
The following are hereby adopted and incorporated by reference:
(a) The official zoning map of the City of Sioux Falls, together with all the explanatory matter thereon and attached thereto, is hereby adopted by reference and is declared to be a part of this ordinance.
(b) The approved plans submitted in conjunction with any planned development are hereby adopted by reference and declared to be a part of this ordinance.
(c) Those maps prepared in conjunction with any design review district, indicating those parcels included in the design review district, are hereby adopted by reference and declared to be a part of this ordinance.
(Ord. No. 5-88, § 2, 1-18-88)
15.05.030 Boundaries of districts; maps.
The boundaries of the districts are shown upon the maps which have been made a part hereof by reference. That part of the maps designating the different districts and their boundaries and that part of the legend designating the symbol title shall have the same force and effect as if they were all fully set forth herein. Other notations in references thereon are for information only.
15.05.040 Rules where uncertainty as to boundaries arises.
Where uncertainty exists with respect to the boundaries of the various districts shown on the district map accompanying and made a part of this title by reference, the following rules apply:
(a) The district boundaries are either dedicated streets or alleys unless otherwise shown; and where the districts designated on the map made a part of this title, by reference are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
(b) Where the property has been or may hereafter be divided into blocks and platted lots, the district boundary shall be construed to coincide with the nearest platted lot lines; and where the districts designated on the district map made a part of this title by reference are bounded approximately by platted lot lines, the platted lot lines shall be construed to be the boundary of the district, unless the boundaries are otherwise indicated on the maps.
(c) In unsubdivided property the district boundary lines on the map made a part of this title by reference shall be determined by use of the scale appearing on the map.
(Ord. No. 5-88, § 3, 1-18-88)
15.05.050 Vacation of streets and alleys.
Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or other public way is extended to the center of such vacation; and all area included in the vacation shall then and henceforth be subject to the appropriate regulations of the extended districts.
15.05.060 Reserved.
15.05.070 Classification of land coming within the zoning jurisdiction of the city.
Before any territory may come under the jurisdiction of this title, it shall be zoned as provided in chapter 15.61 herein.
15.05.080 Classification of annexed territory.
In all territories which may hereafter be annexed to the city, the zoning districts as they exist in the extraterritorial zoning area shall be continued until otherwise changed by ordinance.
CHAPTER 15.07 AG AGRICULTURAL DISTRICT
It shall be the intent of this district to provide for a vigorous agricultural industry by preserving for agricultural production those prime agricultural lands beyond the area of planned urban development. It is recognized that because of the nature of both agricultural activities and residential subdivisions, these two uses are generally poor neighbors, and therefore the subdivision of land for housing developments in the AG agricultural district shall be prohibited. Only residential structures for persons engaged in agricultural activities, their families and employees, shall be permitted residential uses in this district.
15.07.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the AG agricultural district.
15.07.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the AG agricultural district:
(a) Agriculture.
(b) Dwelling, single-family farm.
(c) Public utility facility.
(d) Church.
(e) Antenna support structure.
(f) Electrical substation.
(g) Neighborhood utilities.
(Ord. No. 17-98, § 2, 2-2-98)
15.07.030 Permitted special uses.
A building or premises may be used for the following purposes in the AG agricultural district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) One additional single-family farm dwelling or manufactured home, subject to:
(1) Said dwellings shall be located within the farmstead perimeter.
(2) Said dwellings shall be occupied by employees or relatives of the farm owner.
(b) Wind energy conversion system, in conformance with 15.49.030.
(c) [Reserved.]
(d) [Reserved.]
Editor's note: Ord. No. 71-92, § 1, adopted August 3, 1992, deleted this subsection, pertaining to home occupations.
(e) Elementary or high school, subject to:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(f) Telecommunications tower, subject to:
(1) 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.
(2) A minimum distance of 1/2 mile between telecommunications towers measured from the base of one telecommunications tower to the base of another.
(3) Stealth design approved by the director of planning and building services.
(Ord. No. 94-95, § 5, 7-3-95; Ord. No. 17-98, § 3, 2-2-98; Ord. No. 4-03, § 1, 1-6-03)
15.07.040 Conditional uses.
A building or premises may be used for the following purposes in the AG agricultural district if the conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Campground in conformance with 15.59.154.
(c) Kennel.
(d) Roadside fireworks stand.
(e) Dwelling, nonfarm.
(f) Airport.
(g) Sanitary landfill.
(h) Family day care.
(i) Commercial recreation facility.
(j) Exploration for minerals in conformance with 15.49.050.
(k) Seasonal roadside stand.
(l) Stable for more than six horses/equine animals.
(m) Broadcast tower.
(Ord. No. 17-98, § 4, 2-2-98; Ord. No. 108-04, § 2, 11-1-04)
15.07.050 Accessory uses.
Accessory uses and buildings permitted in the AG agricultural district are buildings and uses customarily incident to any permitted use in the district.
Manufactured homes used as caretaker quarters will be allowed subject to the provisions of section 15.49.110.
(Ord. No. 90-92, § 1, 10-5-92; Ord. No. 94-95, § 6, 7-3-95)
15.07.060 Parking regulations.
All parking, loading and stacking within the AG agricultural district shall be regulated in conformance with the provisions of chapter 15.55.
15.07.070 Sign regulations.
Signs within the AG agricultural district shall be regulated in conformance with the provisions of chapter 15.57.
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15.07.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the AG agricultural district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | 1 acre* | 1 acre* | 125' | 30'** | 7' | 30' | 35'*** |
* Where public sanitary sewer is available, the required lot area can be reduced to 20,000 square feet.
** The front yard on all major arterial streets or section roads shall be 50 feet.
*** There shall be no height limit for accessory farm structures except in the airport approach zone.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
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15.07.090 Other regulations.
Development within the AG agricultural district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.09 RR RURAL RESIDENTIAL DISTRICT
This district is intended to protect a vigorous agricultural industry by limiting the areas in which the RR rural residential district can be used. The RR rural residential district, where permitted, shall generally be located where provisions can be made to adequately handle sewage disposal, where the value of the land for agricultural use is marginal, and where the water supply, roads and emergency services are easily and economically available.
15.09.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the RR rural residential district.
15.09.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RR rural residential district:
(a) Dwelling, single-family detached.
(c) Neighborhood utilities.
15.09.030 Permitted special uses.
A building or premises may be used for the following purposes in the RR rural residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Church, subject to:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(b) Wind energy conversion system, in conformance with 15.49.030.
(c) Accessory buildings, subject to:
(1) No single building exceeding 700 square feet in area.
(d) Recreational facility, subdivision, subject to:
(1) The facility is operated and maintained by the residential subdivision.
(2) The facility has adequate sewer and water utilities.
(3) No single building exceeding 700 square feet in area.
(e) Elementary and high school, subject to:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(f) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) A landscaping plan subject to planning department approval.
(g) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(Ord. No. 17-98, § 5, 2-2-98; Ord. No. 109-09, § 3, 12-7-09)
15.09.040 Conditional uses.
A building or premises may be used for the following purposes in the RR rural residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Dwellings for members of religious orders.
(c) Kennel.
(d) Stable.
(e) Private lake.
(f) Group home.
(g) Nursing home.
(Ord. No. 108-04, § 3, 11-1-04)
15.09.050 Accessory uses.
Accessory uses and buildings permitted in the RR rural residential district are buildings and uses
customarily incident to any of the permitted uses in the district.
15.09.060 Parking regulations.
All parking, loading and stacking within the RR rural residential district shall be regulated in conformance with the provisions of chapter 15.55.
15.09.070 Sign regulations.
Signs within the RR rural residential district shall be regulated in conformance with the provisions of chapter 15.57.
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15.09.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the RR rural residential district shall be as follows:
(a) General requirements:
Density**** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | 1 acre* | 1 acre* | 125' | 30'** | 7' | 30' | 35' |
Corner lots | 1 acre* | 1 acre* | 125' | 30'*** | 7' | 15' | 35' |
* On lots that have public sanitary sewer, the minimum lot area may be reduced to 20,000 square feet.
** The front yard on all major arterial streets or section roads shall be 50 feet.
*** One required yard may be reduced to 25 feet.
**** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(b) There shall be a required front yard on each street side of a double-frontage lot. There shall be a required front yard on each street side of a corner lot.
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15.09.090 Other regulations.
Development within the RR rural residential district shall be regulated in conformance with the provisions of chapter 15.49 "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.11 RS-1 RESIDENTIAL DISTRICT
This district is intended to provide for areas of residential use with a gross density of generally five dwelling units per acre or less. The district permits single-family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as, or planned for, single-family neighborhoods.
15.11.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the RS-1 residential district.
15.11.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RS-1 residential district:
(a) Dwellings, single-family detached.
(c) Recreational facility, subdivision.
(Ord. No. 109-09, § 4, 12-7-09)
15.11.030 Permitted special uses.
A building or premises may be used for the following purposes in the RS-1 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Churches:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(b) Elementary and high schools:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(c) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(d) Public service facility:
(1) One of the principal frontages of the premises shall abut an arterial or collector street, and
(2) A neighborhood meeting shall be conducted by city officials to address site and building design.
(e) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(f) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(Ord. No. 17-98, § 6, 2-2-98; Ord. No. 20-03, § 2, 3-3-03; Ord. No. 108-04, § 4, 11-1-04)
Editor's note—Ord. No. 71-92, § 1, adopted August 3, 1992, deleted this subsection, pertaining to home occupations.
15.11.040 Conditional uses.
A building or premises may be used for the following purposes in the RS-1 residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) [Reserved.]
(c) Group home.
(d) Nursing home.
(e) Dwellings for members of religious orders.
(f) Day care center.
(g) Public utility facility.
(h) Assisted living center.
(i) Bed and breakfast establishment.
(Ord. No. 73-86, § 1, 7-28-86; Ord. No. 29-87, § 2, 5-4-87; Ord. No. 108-04, § 5, 11-1-04)
15.11.050 Accessory uses.
Accessory uses and buildings permitted in the RS-1 residential district are buildings and uses customarily incident to any of the permitted uses in the district.
15.11.060 Parking regulations.
Parking, loading and stacking within the RS-1 residential district shall be regulated in conformance with the provisions of chapter 15.55.
15.11.070 Sign regulations.
Signs within the RS-1 residential district shall be regulated in conformance with the provisions of chapter 15.57.
15.11.080 Density, area, yard and height regulations.
(a) General requirements:
Density3 | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
Residential uses | 7,500 | 7,500 | 60'4 | 30' | 7'2 | 30' | 35' |
Other allowable uses | 7,500 | 7,500 | 60' | 30' | 15' | 30' | 35' |
Corner lots | 8,500 | 8,500 | 85' | 30'1 | 7'2 | 15' | 35' |
1. One required front yard may be reduced to 25 feet.
2. The side yard will be required to be increased to ten feet when the building is three stories in height or more.
3. Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
4. For a lot located on a cul-de-sac bulb, the required lot width will be measured at the required front yard setback line; however, the minimum lot width at the right-of-way line shall not be less than 50 feet.
(b) There shall be a required front yard on each street side of a double-frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) The buildable width of a corner lot of record on March 27, 1970, need not be reduced to less than 36 feet except where necessary to provide a required side yard of not less than seven feet in place of one of the required front yards.
(d) If a lot of record has less area or less width than herein required and its boundary lines along the entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, such parcel of land may be used for any use permitted in this district.
(Ord. No. 58-93, § 9, 7-19-93)
15.11.090 Other regulations.
Development within the district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.13 RS-2 RESIDENTIAL DISTRICT
This district is intended to provide for areas of residential use with a gross density of generally five to seven dwelling units per acre. The district permits single-family dwellings; two-family dwellings; and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as or planned for single-family neighborhoods.
15.13.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the RS-2 residential district.
15.13.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RS-2 residential district:
(a) Dwellings, single family detached.
(c) Recreational facility, subdivision.
(Ord. No. 109-09, § 5, 12-7-09)
15.13.030 Permitted special uses.
A building or premises may be used for the following purposes in the RS-2 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Churches:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(b) Elementary and high schools:
(1) One of the principal frontages of the premises shall abut upon an arterial or collector street.
(c) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(d) Public service facility:
(1) One of the principal frontages of the premises shall abut an arterial or collector street, and
(2) A neighborhood meeting shall be conducted by city officials to address site and building design.
(e) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(f) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(Ord. No. 17-98, § 7, 2-2-98; Ord. No. 20-03, § 3, 3-3-03; Ord. No. 108-04, § 6, 11-1-04)
Editor's note—Ord. No. 71-92, § 1, adopted August 3, 1992, deleted this subsection, pertaining to home occupations.
15.13.040 Conditional uses.
A building or premises may be used for the following purposes in the RS-2 residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) [Reserved.]
(c) Group home.
(d) Nursing home.
(e) Dwellings for members of religious orders.
(f) Dwelling, single-family attached (2).
(g) Assisted living center.
(h) Day care center.
(i) Public utility facility.
(j) Bed and breakfast establishment.
(Ord. No. 73-86, § 2, 7-28-86; Ord. No. 29-87, § 3, 5-4-87; Ord. No. 108-04, § 7, 11-1-04)
15.13.050 Accessory uses.
Accessory uses and buildings permitted in the RS-2 residential district are buildings and uses customarily incident to any of the permitted uses in the district.
15.13.060 Parking regulations.
Parking, loading and stacking within the RS-2 residential district shall be regulated in conformance with the provisions of chapter 15.55.
15.13.070 Sign regulations.
Signs within the RS-2 residential district shall be regulated in conformance with the provisions of chapter 15.57.
15.13.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the RS-2 residential district shall be as follows:
(a) General requirements:
Density*** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
Single-family | 5,500 | 5,500 | 50' | 25' | 5'** | 25' | 35' |
SFA (2) (1 lot) | 4,350 | 8,700 | 60' | 25' | 5'** | 25' | 35' |
SFA (2) (2 lots) | 4,350 | 4,350 | 25' | 25' | 0' or 5' | 25' | 35' |
Corner lots | 6,000 | 6,000 | 60' | 25'* | 5'** | 15' | 35' |
All other uses | -- | 6,000 | 60' | 25'* | 15' | 15' | 35' |
* One required front yard may be reduced to 20 feet.
** The side yard will be required to be increased to ten feet when the building is three stories in height or more.
*** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) The buildable width of a corner lot of record on March 27, 1970, need not be reduced to less than 28 feet, except where necessary to provide a required side yard of not less than five feet in place of one of the required front yards.
(d) If a lot of record has less area or less width than herein required and its boundary lines along the entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, such parcel of land may be used for any use permitted in this district.
(Ord. No. 39-91, § 1, 5-6-91)
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15.13.090 Other regulations.
Development within the RS-2 residential district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations", chapter 15.51, "Additional Yard Regulations", and chapter 15.53, "Additional Height Regulations".
CHAPTER 15.15 RD RESIDENTIAL DISTRICT
This district is intended to provide for both developing and redeveloping areas of moderate residential density between six and 14 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses, plus support facilities such as schools, parks, community buildings and churches.
15.15.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the RD residential district.
15.15.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RD residential district:
(a) Dwelling, single-family detached.
(b) Dwelling, single-family attached (2).
(c) Neighborhood utilities.
(d) Recreational facility, subdivision.
(Ord. No. 109-09, § 6, 12-7-09)
15.15.030 Permitted special uses.
A building or premises may be used for the following purposes in the RD residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Churches:
(1) One of the principal frontages of the premises shall abut on an arterial or collector street.
(b) Elementary and high schools:
(1) One of the principal frontages of the premises shall abut on an arterial or collector street.
(c) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(d) Public service facility:
(1) One of the principal frontages of the premises shall abut an arterial or collector street, and
(2) A neighborhood meeting shall be conducted by city officials to address site and building design.
(e) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(f) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(Ord. No. 17-98, § 8, 2-2-98; Ord. No. 20-03, § 4, 3-3-03; Ord. No. 108-04, § 8, 11-1-04)
Editor's note—Ord. No. 71-92, § 1, adopted August 3, 1992, deleted this subsection, pertaining to home occupations.
15.15.040 Conditional uses.
A building or premises may be used for the following purposes in the RD residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Multiple dwelling (4).
(b) Dwelling, single-family attached (4).
(c) Dwellings for members of religious orders.
(d) Nursing home.
(e) [Reserved.]
(f) Private lake.
(g) Group home.
(h) Accessory parking, onsite and offsite in conformance with chapter 15.55.
(i) Day care center.
(j) Public utility facility.
(k) Assisted living center.
(l) Bed and breakfast establishment.
(m) Private club.
(Ord. No. 73-86, § 3, 7-28-86; Ord. No. 29-87, § 4, 5-4-87; Ord. No. 46-90, § 3, 5-21-90; Ord. No. 39-96, § 11, 4-1-96; Ord. No. 25-99, § 1, 3-1-99; Ord. No. 108-04, § 9, 11-1-04)
15.15.050 Accessory uses.
Accessory uses and buildings permitted in the RD residential district are buildings and uses customarily incident to any permitted use in the district.
15.15.060 Parking regulations.
Parking, loading and stacking within the RD residential district shall be regulated in conformance with the provisions of chapter 15.55.
15.15.070 Sign regulations.
Signs within the RD residential district shall be regulated in conformance with the provisions of chapter 15.57.
__________
15.15.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the RD residential district shall be as follows:
(a) General requirements:
Density*** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
Single-family dwelling | 5,000 | 5,000 | 50' | 25'* | 5'** | 35' | |
Single-family attached dwelling (2 units) (1--2 lots) | 3,000 | 6,000 | 25' | 25'* | 0' or 5' on nonparty wall side | smaller of 25' or 25% of lot depth**** | 35' |
Single-family attached dwelling (4 units) (3--4 lots) | 2,400 | 7,200 | 16' | 25'* | 0' or 7' on nonparty wall side | 35' | |
Multiple dwellings (4 units) (1 lot) | 2,500 | 7,500 | 75' | 25'* | 7'** | 35' | |
Other allowable uses | -- | 5,000 | 50' | 25'* | 15' | 35' |
* One required front yard may be reduced to 20 feet on corner lots.
** The side yard will be required to be increased to ten feet when the building is three stories in height or more.
*** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes, or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
*** Rear yards for single-family detached and single-family attached (two units) dwellings may be reduced to 15 feet on corner lots.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) The buildable width of a corner lot of record on March 27, 1970, need not be reduced to less than 28 feet except where necessary to provide a required side yard of not less than five feet in place of one of the required front yards.
(d) If a lot of record has less area or width or both less area and width than herein required and its boundary lines along their entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, such parcel of land may be used for any single-family dwelling or for any nondwelling use permitted in this district. The lot may also be used for duplexes, townhouses and multiple dwellings when compliance is made with the minimum lot area, yard setbacks, height and parking regulations.
(Ord. No. 84-91, 11-4-91; Ord. No. 27-94, § 1, 4-4-94; Ord. No. 39-96, § 15, 4-1-96)
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15.15.090 Other regulations.
Development within the RD residential district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.17 RA-1 RESIDENTIAL DISTRICT
This district is intended to provide for areas of moderate residential density between ten and 17 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses plus support facilities such as schools, parks, community buildings and churches.
15.17.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations in the RA-1 residential district.
15.17.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RA-1 residential district:
(a) Dwelling, single-family detached.
(b) Dwelling, single-family attached (6).
(c) Multiple dwellings.
(d) Elementary and high schools.
(e) Nursing home.
(f) Church.
(g) Neighborhood utilities.
(h) Assisted living center.
(Ord. No. 29-87, § 5, 5-4-87)
15.17.030 Permitted special uses.
A building or premises may be used for the following purposes in the RA-1 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(b) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval
(c) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(d) A private club, subject to:
(1) The primary activity shall not be a service customarily carried on as a business.
(e) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(f) Public service facility:
(1) One of the principal frontages of the premises shall abut an arterial or collector street, and
(2) A neighborhood meeting shall be conducted by city officials to address site and building design.
(Ord. No. 12-94, § 1, 2-7-94; Ord. No. 17-98, § 9, 2-2-98; Ord. No. 20-03, § 5, 3-3-03; Ord. No. 108-04, § 10, 11-1-04)
Editor's note—Ord. No. 71-92, § 1, adopted August 3, 1992, deleted this subsection, pertaining to home occupations.
15.17.040 Conditional uses.
A building or premises may be used for the following purposes in the RA-1 residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59.
(a) Private lake.
(b) Boarding or rooming house.
(c) Dwellings for members of religious orders.
(d) Day care center.
(e) Telecommunications tower.
(f) Accessory parking, onsite and offsite in conformance with chapter 15.55.
(g) Public utility facility.
(h) Bed and breakfast establishment.
(Ord. No. 29-87, § 6, 5-4-87; Ord. No. 46-90, § 4, 5-21-90; Ord. No. 94-95, § 7, 7-3-95; Ord. No. 39-96, § 12, 4-1-96; Ord. No. 17-98, § 10, 2-2-98)
15.17.050 Accessory uses.
Accessory uses and buildings permitted in the RA-1 residential district are accessory buildings and uses customarily incident to any permitted uses in the district.
15.17.060 Parking regulations.
Parking, loading and stacking within the RA-1 residential district shall be regulated in conformance with the provisions of chapter 15.55.
15.17.070 Sign regulations.
Signs within the RA-1 residential district shall be regulated in conformance with the provisions of chapter 15.57.
15.17.080 Density, area, yard, and height regulations.
The maximum height and minimum lot requirements within the RA-1 residential district shall be as follows:
(a) General requirements:
Density*** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
Single-family dwelling | 5,000 | 5,000 | 50' | 25'* | 5'** | 45' | |
Single-family attached dwelling (6) | 2,400 | 5,000 | 16' | 25'* | 0 or 10' on nonparty wall side | smaller of 25' or 25% of lot depth**** | 45' |
Multiple dwellings: | |||||||
3 to 8 dwelling units | 2,500 | 7,500 | 50' | 25'* | 7'** | 45' | |
9 to 12 dwelling units | 2,500 | 20,000 | 75' | 25'* | 15' | 45' | |
Over 12 dwelling units | 2,500 | 30,000 | 100' | 25'* | 15' | 45' | |
Other allowable uses | -- | 5,000 | 50' | 25'* | 15' | 45' | |
* One required front yard may be reduced to 20 feet on corner lots. The required building setback for multiple dwellings with multiple buildings on a lot abutting a private street (place), shall be 20 feet.
** The side yard will be required to be increased to ten feet when the building is three stories in height or more.
*** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes, or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
**** Rear yards for single family detached and single family attached (two units) dwellings may be reduced to 15 feet on corner lots.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) The buildable width of a corner lot of record on March 27, 1970, need not be reduced to less than 28 feet except where necessary to provide a required side yard of not less than five feet in place of one of the required front yards.
(d) If a lot of record has less area or width or both less area and width than herein required and its boundary lines along their entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, such parcel of land may be used for a single-family dwelling or for any nondwelling use permitted in this district. The lot may also be used for duplexes, townhouses and multiple dwellings when compliance is made with the minimum lot area, yard setbacks, height and parking regulations.
(Ord. No. 64-97, § 1, 9-2-97; Ord. No. 02-08, § 1, 1-7-08)
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15.17.090 Other regulations.
Development within the RA-1 residential district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations", chapter 15.51, "Additional Yard Regulations", and [chapter] 15.53, "Additional Height Regulations".
CHAPTER 15.19 RA-2 RESIDENTIAL DISTRICT
This district is intended to provide for areas of high residential density in excess of 17 units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses plus support facilities such as schools, parks, community buildings and churches.
15.19.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the RA-2 residential district.
15.19.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RA-2 residential district:
(a) Dwelling, single-family detached.
(b) Dwelling, single-family attached (8).
(c) Multiple dwelling.
(d) Elementary or high school.
(e) Boarding or rooming house.
(f) Church.
(g) Nursing home.
(h) Dwellings for members of religious orders.
(i) Neighborhood utilities.
(j) Assisted living center.
(Ord. No. 29-87, § 7, 5-4-87)
15.19.030 Permitted special uses.
A building or premises may be used for the following purposes in the RA-2 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(b) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(c) A private club, subject to:
(1) The primary activity not being a service customarily carried on as a business.
(d) Electrical substation subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(e) Public service facility:
(1) One of the principal frontages of the premises shall abut an arterial or collector street, and
(2) A neighborhood meeting shall be conducted by city officials to address site and building design.
(f) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(Ord. No. 17-98, § 11, 2-2-98; Ord. No. 20-03, § 6, 3-3-03; Ord. No. 108-04, § 11, 11-1-04)
Editor’s note—Ord. No. 71-92, § 1, adopted August 3, 1992, deleted this subsection, pertaining to home occupations.
15.19.040 Conditional uses.
A building or premises may be used for the following purposes in the RA-2 residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Private lake.
(c) Day care center.
(d) Reserved.
(e) Accessory parking, onsite and offsite in conformance with chapter 15.55.
(f) Public utility facility.
(g) Bed and breakfast establishment.
(Ord. No. 29-87, § 8, 5-4-87; Ord. No. 46-90, § 5, 5-21-90; Ord. No. 94-95, § 8, 7-3-95; Ord. No. 39-96, § 13, 4-1-96; Ord. No. 41-97, § 2, 6-2-97; Ord. No. 17-98, § 12, 2-2-98)
15.19.050 Accessory uses.
Accessory uses and buildings permitted in the RA-2 residential district are accessory buildings and uses customarily incident to any permitted use in the district.
15.19.060 Parking regulations.
Parking, loading and stacking within the RA-2 residential district shall be regulated in conformance with the provisions of chapter 15.55.
15.19.070 Sign regulations.
Signs within the RA-2 residential district shall be regulated in conformance with the provisions of chapter 15.57.
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15.19.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the RA-2 residential district shall be as follows:
(a) General requirements.
Density**** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
Single-family dwelling | 5,000 | 5,000 | 50' | 25'* | 5'** | 45'*** | |
Single-family attached dwelling (8) | 2,400 | 5,000 | 16' | 25'* | 0 or 10' on non-party wall side | smaller of 25' or 25% of lot depth**** | 45'*** |
Multiple dwellings: | |||||||
3 to 8 dwelling units | 1,000 | 5,000 | 50' | 25'* | 7'** | 45'*** | |
9 to 12 dwelling units | 1,000 | 9,000 | 60' | 25'* | 15' | 45'*** | |
Over 12 dwelling units | 1,000 | 13,000 | 75' | 25'* | 15' | 45'*** | |
Other allowable uses | -- | -- | 50' | 25'* | 15' | 45'*** | |
* One required front yard may be reduced to 20 feet on corner lots.
** The side yard will be required to be increased to ten feet when the building is three stories in height or more.
*** Buildings may be increased one foot in height above the maximum for each foot the building is set back from all setback lines up to a maximum height of 100 feet provided that the floor area, exclusive of enclosed detached garages, does not exceed the number of square feet of land area of the lot on which the building is placed.
**** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes, or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
**** Rear yards for single family detached and single family attached (two units) dwellings may be reduced to 15 feet on corner lots.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) The buildable width of a corner lot of record on March 27, 1970, need not be reduced to less than 28 feet except where necessary to provide a required side yard of not less than five feet in place of one of the required front yards.
(d) If a lot of record has less area or width or both less area and width than herein required and its boundary lines along their entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, such parcel of land may be used for a single-family dwelling or for any nondwelling use permitted in this district. The lot may also be used for duplexes, townhouses and multiple dwelling units when compliance is made with the minimum lot area, yard setbacks, height and parking regulations.
(Ord. No. 64-97, § 2, 9-2-97)
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15.19.090 Other regulations.
Development within the RA-2 residential district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations", chapter 15.51, "Additional Yard Regulations", and chapter 15.53, "Additional Height Regulations".
CHAPTER 15.20 MH RESIDENTIAL DISTRICT
The district is intended to provide for areas of manufactured homes with a density of six units per acre or less with a minimum subdivision size of five acres. The district permits the permanent installation of single-family detached manufactured homes on privately owned (nonrental) lots, licensed manufactured home parks, plus support facilities such as schools, public utilities, and churches.
15.20.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the MH residential district.
(Ord. No. 94-95, § 9, 7-3-95)
15.20.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the MH residential district:
(a) Dwelling, single-family detached manufactured home. See section 15.20.090.
(Ord. No. 94-95, § 9, 7-3-95)
15.20.030 Permitted special uses.
A building or premises may be used for the following purposes in the MH residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Licensed manufactured home park subject to:
(1) Submittal of a development plan at the time of rezoning request. The development plan shall depict, but not be limited to, the property boundaries and dimensions, the general layout of existing and proposed streets/roads, lots, reservations of land, water and sanitary sewer utilities, drainage, and landscape buffers.
The approval of a development plan shall expire three years from the date upon which it becomes effective if no work has commenced.
Amendments to an approved development plan may be made at the discretion of the city engineer and planning director. The city engineer and planning director may request an updated development plan for review and approval when major changes to the plan have occurred.
(2) The use of flat or corrugated sheet metal for the exterior walls of any manufactured home or garage is prohibited.
(3) Each manufactured home or garage shall have a roof structure with a minimum slope corresponding to three inches of vertical rise for each 12 inches of horizontal run. Metallic roofing surfaces shall not be permitted.
(4) Each manufactured home shall meet HUD Safety I Standards Act of 1974, effective 1976.
(1) One of the principle frontages of the premises shall abut an arterial or collector street.
(c) Elementary and high schools subject to:
(1) One of the principle frontages of the premises shall abut an arterial or collector street.
(d) Electrical substation subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation shall be subject to the noise regulations of chapter 9 of the Code.
(3) Landscaping plan subject to planning and building services department approval.
(e) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(f) Public service facility:
(1) One of the principal frontages of the premises shall abut an arterial or collector street, and
(2) A neighborhood meeting shall be conducted by city officials to address site and building design.
(g) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(Ord. No. 94-95, § 9, 7-3-95; Ord. No. 17-98, § 13, 2-2-98; Ord. No. 20-03, § 7, 3-3-03; Ord. No. 108-04, § 12, 11-1-04)
15.20.040 Conditional uses.
A building or premises may be used for the following purposes in the MH residential district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) [Reserved.]
(c) Day care center.
(d) Public utility facility.
(e) Dwelling, single-family detached.
(Ord. No. 94-95, § 9, 7-3-95; Ord. No. 108-04, § 13, 11-1-04)
15.20.050 Accessory uses.
Accessory uses and buildings permitted in the MH residential district are buildings and uses customarily incident to any of the permitted uses in the district. Such uses may include manager's office, community centers and recreation facilities, laundry facilities, maintenance buildings and/or facilities, and recreational vehicle/personal storage facilities.
(Ord. No. 94-95, § 9, 7-3-95)
15.20.060 Parking regulations.
Parking, loading, and stacking within the MH residential district shall be regulated in conformance with the provisions of chapter 15.55.
Exception: Licensed manufactured home parks.
(Ord. No. 94-95, § 9, 7-3-95)
15.20.070 Sign regulations.
Signs within the MH residential district shall be regulated in conformance with the provisions of chapter 15.57.
(Ord. No. 94-95, § 9, 7-3-95)
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15.20.080 Density, area, yard, and height regulations.
Except for licensed manufactured home parks, which shall be regulated in conformance with section 15.49.070, the maximum height and minimum lot requirements within the MH residential district shall be as follows:
(a) Minimum subdivision area shall be five acres.
Density | Lot | Lot | Front | Side | Rear | Maximum | |
Residential uses | 5500 | 5500 | 50' | 25' | 5'** | 25' | 35' |
Corner lots | 6000 | 6000 | 60' | 25'* | 5'** | 15' | 35' |
All other uses | 6000 | 6000 | 60' | 25' | 15' | 15' | 35' |
* One required front yard may be reduced to 20 feet.
** The side yard will be required to be increased to ten feet when the building is three stores in height or more.
(Ord. No. 94-95, § 9, 7-3-95)
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15.20.090 Other regulations.
Development within the MH residential district shall be regulated in conformance with the provisions of:
(a) Chapter 15.49, additional use regulations.
(b) Chapter 15.53, additional height regulations.
(c) Chapter 15.51, additional yard regulations.
Exception: Licensed manufactured home parks are exempt from the provisions of sections 15.51.050, 15.51.060, 15.51.070, 15.51.110, 15.51.120, 15.51.140, and 15.51.171.
(d) City engineering design standards for public improvements.
(e) Article [section] 11-80 of chapter 11, building guidelines for manufactured housing installations.
Exception: Licensed manufactured home parks are exempt from these provisions.
(f) Land use permits in manufactured home parks. Any application for a land use permit within a manufactured home park would only apply to the specific street address within the park.
(Ord. No. 94-95, § 9, 7-3-95; Ord. No. 109-05, § 1, 11-7-05)
CHAPTER 15.21 O GENERAL OFFICE DISTRICT
This district is intended to provide for developing and redeveloping areas primarily consisting of a mixture of office and other types of compatible and complementary commercial uses. This district is intended to be located on arterial streets in close proximity to commercial uses or used as a transition zone between commercial and residential uses. Because of the interface this district will provide with residential areas, an emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangement.
15.21.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the O general office district.
15.21.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the O general office district:
(a) Office.
(b) Public utility facilities.
(c) Elementary and high school.
(d) Church.
(e) Dwelling, single-family detached.
(f) Personal service.
(g) Public service facility.
(h) Medical office.
(Ord. No. 71-92, § 1, 8-3-92; Ord. No. 6-94, § 1, 1-8-94; Ord. No. 20-03, § 8, 3-3-03; Ord. No. 21-05, § 3, 3-7-05)
15.21.030 Permitted special uses.
A building or premises may be used for the following purposes in the O general office district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Private club, subject to:
(1) The primary activity not being a service customarily carried on as a business.
(b) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(c) Electrical substation subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(d) Multiple dwelling, subject to:
(1) Such use being located above the first floor.
(e) Dwelling, single-family attached, subject to:
(1) Said dwellings being above the first floor.
(f) Drive-up service window, subject to:
(1) Such use providing stacking area in accordance with section 15.55.060.
(g) College or post high school subject to:
(1) Such use lying beyond 150 feet of any residential district.
(h) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(2) The distance between the proposed use and an R or MH residential district measured from lot line to lot line is not less than 600 feet.
(3) The distance between the proposed use and an elementary or secondary school, or public park, measured from lot line to lot line is not less than 600 feet.
(i) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(j) Veterinarian, subject to:
(1) No boarding or outdoor kenneling of animals.
(Ord. No. 29-87, § 9, 5-4-87; Ord. No. 71-94, § 1, 8-1-94; Ord. No. 23-97, § 2, 4-7-97; Ord. No. 41-97, § 3, 6-2-97; Ord. No. 17-98, § 14, 2-2-98; Ord. No. 108-04, § 14, 11-1-04; Ord. No. 21-05, § 4, 3-7-05)
15.21.040 Conditional uses.
A building or premises may be used for the following purposes in the O general office district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Private lake.
(c) Commercial parking lots.
(d) Reserved.
(e) Boarding or rooming house.
(f) Parking ramp.
(g) Mortuary.
(h) Telecommunications tower.
(i) Broadcast tower.
(Ord. No. 29-87, § 10, 5-4-87; Ord. No. 6-94, § 2, 1-8-94; Ord. No. 23-97, § 1, 4-7-97; Ord. No. 41-97, § 2, 6-2-97; Ord. No. 17-98, § 15, 2-2-98)
15.21.050 Accessory uses.
Accessory uses and buildings permitted in the O general office district are accessory buildings and uses customarily incident to any permitted uses in the district.
15.21.060 Parking regulations.
Parking, loading and stacking within the O general office district shall be regulated in conformance with the provisions of chapter 15.55.
15.21.070 Sign regulations.
Signs within the O general office district shall be regulated in conformance with the provisions of chapter 15.57.
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15.21.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the O general office district shall be as follows:
(a) General requirements:
Density*** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
Dwellings | 2,500 | 5,000 | 50' | 25'* | 7'** | 25' | 35' |
All uses except dwellings | -- | 5,000 | -- | 25'* | 10' | 0 | 35' |
* Corner lots can reduce one required front yard to 20 feet.
** The side yard will be required to be increased ten feet when the building is three stories in height or more.
*** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) Whenever a corner lot of record on March 27, 1970, had a width of less than 50 feet, the buildable width of such lot need not be reduced to less than 28 feet except when necessary to provide a required side yard of five feet in place of one of the required front yards.
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15.21.090 Other regulations.
Development within the O general office district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations", chapter 15.51, "Additional Yard Regulations", and chapter 15.53, "Additional Height Regulations".
CHAPTER 15.23 S INSTITUTIONAL DISTRICT
This district is intended to provide for institutional uses such as hospitals, colleges, and other educational facilities and public uses. It is intended that this district be situated in such a way that it will have a minimum impact on any residential areas adjacent to it.
15.23.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the S institutional district.
15.23.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the S institutional district:
(a) Nursing home.
(c) Elementary and high school.
(d) Church.
(e) Public service facility.
(f) Medical office.
(g) Assisted living center.
(Ord. No. 29-87, § 11, 5-4-87; Ord. No. 17-98, § 16, 2-2-98; Ord. No. 20-03, § 9, 3-3-03; Ord. No. 21-05, § 5, 3-7-05)
15.23.030 Permitted special uses.
A building or premises may be used for the following purposes in the S institutional district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) College or post high school subject to:
(1) Such use lying beyond 150 feet of any residential district.
(1) Said use lying beyond 150 feet of any residential district.
(c) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(2) The distance between the proposed use and an R or MH residential district measured from lot line to lot line is not less than 600 feet.
(3) The distance between the proposed use and an elementary or secondary school, or public park, measured from lot line to lot line is not less than 600 feet.
(d) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(e) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(f) Private club, subject to:
(1) The primary activity not being a service customarily carried on as a business.
(g) Dwelling, single family attached (2) subject to:
(1) Such use being in conformance with Section 15.15.080.
(2) The two units within the structure may not be sold separately.
(h) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(Ord. No. 13-94, § 1, 2-7-94; Ord. No. 23-97, § 3, 4-7-97; Ord. No. 41-97, § 4, 6-2-97; Ord. No. 17-98, § 17, 2-2-98; Ord. No. 108-04, § 15, 11-1-04)
15.23.040 Conditional uses.
A building or premises may be used for the following purposes in the S institutional district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Heliport.
(c) Multiple dwelling.
(d) Boarding or rooming house.
(e) Day care center.
(f) Dwellings for members of religious orders.
(g) Commercial parking lots.
(h) Parking ramps.
(i) Office.
(j) Broadcast tower.
(k) Telecommunications tower.
(l) Accessory parking, on-site and off-site in conformance with chapter 15.55.
(m) Temporary or emergency shelter.
(n) Human service facility.
(Ord. No. 11-95, § 1, 1-3-95; Ord. No. 17-98, § 18, 2-2-98; Ord. No. 36-03, § 1, 5-5-03; Ord. No. 121-05, § 2, 11-21-05; Ord. No. 128-05, § 2, 12-19-05)
15.23.050 Accessory uses.
Accessory uses and buildings permitted in the S institutional district are accessory buildings and uses customarily incident to any permitted uses in this district.
15.23.060 Parking regulations.
Parking, loading and stacking within the S institutional district shall be regulated in conformance with the provisions of chapter 15.55.
15.23.070 Sign regulations.
Signs within the S institutional district shall be regulated in conformance with the provisions of chapter 15.57.
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15.23.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the S institutional district shall be as follows:
(a) General requirements:
Density*** | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | ||
Multiple dwellings: | ||||||||
3 to 8 dwelling units | 1,500 | 5,000 | 50' | 25' | 7' | 55'** | ||
9 to 12 dwelling units | 1,500 | 13,500 | 60' | 25' | 15' | smaller of 25' or 25% of lot depth | 55'** | |
Over 12 dwelling units | 1,500 | 19,500 | 75' | 25' | 15' | 55'** | ||
Other allowable uses | -- | 5,000 | -- | 25' | 5'* | 55'** | ||
* The side yard will be required to be increased to ten feet when the building is three stories in height or more.
** Buildings may be increased one foot in height above the maximum for each foot the building is set back from all setback lines up to a maximum height of 100 feet provided that the gross floor area, exclusive of enclosed detached garages, does not exceed the number of square feet of land area of the lot on which the building is placed.
*** Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes, or other similar group quarters where no cooking facilities are provided in individual rooms or apartments.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) Whenever a corner lot of record on March 27, 1970, had a width of less than 50 feet, the buildable width of such lot need not be reduced to less than 28 feet except where necessary to provide a required side yard of five feet in place of one of the required front yards.
(Ord. No. 43-84, § 1, 3-19-84)
__________
15.23.090 Other regulations.
Development within the S institutional district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations", chapter 15.51, "Additional Yard Regulations", and chapter 15.53, "Additional Height Regulations".
CHAPTER 15.25 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
This district is intended to provide for neighborhood commercial and service areas located at the edge of residential developments, adjacent to the major streets that serve the area. It is the intent of this ordinance to provide for a well-integrated service area, providing convenience goods and personal services to primarily serve residents within one mile of the development. Because of the very nature of commercial uses, site and architectural design shall be compatible with and sensitive to adjacent residential development, striving to preserve and protect residential property values. No outdoor storage will be permitted.
15.25.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the C-1 neighborhood commercial district.
15.25.020 Permitted special uses.
A building or premises may be used for the following purposes in the C-1 neighborhood commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such uses in conformance with the requirements of chapter 15.59:
(a) Drug/grocery store, subject to:
(1) The maximum size of any one building shall not exceed a floor area of 3,000 square feet.
(b) Retail trade and services, except a restaurant, subject to:
(1) The maximum size of any one building shall not exceed a floor area of 5,000 square feet.
(c) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(d) [Reserved.]
(e) Office, subject to:
(1) The maximum size of any one building shall not exceed a floor area of 5,000 square feet.
(f) Personal service, subject to:
(1) The maximum size of any one building shall not exceed a floor area of 2,000 square feet.
(g) Public utility facility, subject to:
(1) The structure (if any) must be sensitive to the surrounding environment and compatible in design to surrounding uses.
(Ord. No. 23097, § 1, 4-7-97; Ord. No. 108-04, § 16, 11-1-04; Ord. No. 164-07, § 1, 11-5-07)
15.25.030 Conditional uses.
A building or premises may be used for the following purposes in the C-1 neighborhood commercial district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Gas dispensing station.
(c) Day care center.
(d) Churches.
(e) Drive-up service window.
15.25.040 Accessory uses.
Accessory uses and buildings permitted in the C-1 neighborhood [commercial] district are accessory buildings and uses customarily incident to any permitted use in this district.
15.25.050 Parking regulations.
Parking, loading and stacking within the C-1 neighborhood commercial district shall be regulated in conformance with the provisions of chapter 15.55.
15.25.060 Sign regulations.
Signs within the C-1 neighborhood commercial district shall be regulated in conformance with the provisions of chapter 15.57.__________
15.25.070 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the C-1 neighborhood commercial district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | 5,000 | -- | 25'* | 10'** | 20'** | 25' |
* No side yard or rear yard is required where a lot is adjacent to or abuts upon a commercial or industrial district.
** Where a side yard or rear yard is required, half of the required yard must be maintained as a landscaped area.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be required front yard on each side of a corner lot.
(c) Any accessory building shall be required to comply with the height, front, side and rear yard requirements of the main building.
(Ord. No. 94-84, § 4, 6-4-84)
__________
15.25.080 Other regulations.
Development in the C-1 neighborhood commercial district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.27 C-2 GENERAL COMMERCIAL DISTRICT
This district is intended to provide for a wide variety of community and regional services generally in existing commercial areas. This district will include general commercial uses requiring large land areas, extensive retail operations, and outdoor display, which would be compatible with residential neighborhoods; but in no case will unscreened outdoor storage be permitted.
15.27.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations in the C-2 general commercial district.
15.27.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the C-2 general commercial district:
(a) Personal service.
(c) Printing plant.
(d) Mortuary.
(e) Public service facility.
(f) Drive-in theater.
(g) Motor vehicle service station/gas dispensing station.
(h) Drive-up service window/device.
(i) Commercial parking lots.
(j) Private club.
(k) [Reserved.]
(l) Medical office.
(Ord. No. 39-96, § 21, 4-1-96; Ord. No. 23-97, § 1, 4-7-97; Ord. No. 20-03, § 10, 3-3-03; Ord. No. 21-05, § 6, 3-7-05)
15.27.030 Permitted special uses.
A building or premises may be used for the following purposes in the C-2 general commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Off-premises signs, in conformance with 15.58.
(b) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(c) Adult use, subject to:
(1) No more than two adult uses or one adult use and one on-sale liquor establishment may be established, operated, or maintained within 1,000 feet of each other as measured from the closest point of the outside wall of the building or tenant space.
(d) Carwash, subject to:
(1) Five storage spaces for each bay provided such storage does not interfere with other offstreet parking.
(2) The water from the carwash being contained on the site.
(e) Veterinarian, subject to:
(1) No outdoor kenneling of dogs permitted within 150 feet of a residential area.
(f) Office, subject to:
(1) The parcel containing one acre of land or less; and
(2) The building containing 20,000 square feet of area or less.
(g) Retail trade and services, subject to:
(1) The parcel containing one acre of land or less; and
(2) The building containing 20,000 square feet of area or less.
(h) Arcade, subject to:
(1) Such use not being located within 500 feet of an adult use.
(i) Contractor's shop/storage yard subject to:
(1) All outdoor storage must be screened.
(j) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(k) Hotel/motel, subject to:
(1) Such use being located on an arterial street.
(l) Recycling collection facility, in conformance with section 15.49.100.
(m) Off-sale alcoholic beverage establishment subject to:
1. Such use not being located within 500 feet of an elementary or secondary school measured from the closest point of the outside wall of the building or tenant space to the closest point of the school property line.
(n) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(2) The distance between the proposed use and an R or MH residential district measured from lot line to lot line is not less than 600 feet.
(3) The distance between the proposed use and an elementary or secondary school, or public park, measured from lot line to lot line is not less than 600 feet.
(o) College or post high school subject to:
(1) Such use lying beyond 150 feet of any residential district.
(p) Accessory parking, off-site, subject to:
(1) Such use not being located within 150 feet of a residential district or use.
(q) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(r) Retail warehouse, subject to:
(1) Such building lying beyond 150 feet of any residential district or use.
(s) Crematory subject to:
(1) Such use lying beyond 150 feet of any residential district,
(2) One of the principal frontages of the premises shall abut an arterial or collector street, and
(3) A neighborhood meeting shall be conducted to address site and building design.
(t) Funeral establishment, subject to:
(1) Such use lying beyond 150 feet of any residential district,
(2) One of the principal frontages of the premises shall abut an arterial or collector street, and
(3) A neighborhood meeting shall be conducted to address site and building design.
(u) Full Service Restaurant, subject to:
(1) No residential uses within 100 feet.
(Ord. No. 55-91, § 8, 7-1-91; Ord. No. 79-91, § 2, 10-21-91; Ord. No. 5-97, § 2, 1-21-97; Ord. No. 23-97, § 4, 4-7-97; Ord. No. 41-97, § 5, 6-2-97; Ord. No. 80-97, § 1, 11-3-97; Ord. No. 17-98, § 19, 2-2-98; Ord. No. 16-99, § 2, 2-16-99; Ord. No. 85-04, § 2, 9-7-04; Ord. No. 108-04, § 17, 11-1-04; Ord. No. 58-06, § 2, 5-1-06; Ord. No. 60-08, § 7, 5-12-08)
15.27.040 Conditional uses.
A building or premises may be used for the following purposes in the C-2 general commercial district if a conditional use permit for such use has been obtained in conformance with the requirements in chapter 15.59:
(a) Bus passenger terminal.
(c) Parking ramps.
(d) Motor vehicle sales, display, and rental.
(e) Lumberyard.
(f) Day care center.
(g) Farm implement sales, display and service.
(h) Stable.
(i) Churches.
(j) Bus/truck terminal.
(k) Farm store, feed store.
(l) Automobile storage yard.
(m) Broadcast tower.
(n) Campground in conformance with 15.59.154.
(o) Wind energy conversion systems.
(p) Multiple dwellings in conformance with section 15.17.080.
(q) On-sale alcoholic beverage establishment.
(r) Motor vehicle display and sales within an existing commercial parking lot/facility.
(s) Recycling processing facility.
(t) Motor vehicle repair shops.
(u) Telecommunications tower.
(v) Kennel.
(w) Temporary or emergency shelter.
(x) Human service facility.
(Ord. No. 94-84, § 1, 6-4-84; Ord. No. 84-85, § 1, 10-7-85; Ord. No. 29-87, § 12, 5-4-87; Ord. No. 55-91, § 4, 7-1-91; Ord. No. 25-92, § 1, 3-2-92; Ord. No. 20-93, § 1, 3-1-93; Ord. No. 38-96, § 1, 4-1-96; Ord. No. 39-96, § 19, 4-1-96; Ord. No. 5-97, § 3, 1-21-97; Ord. No. 17-98, § 20, 2-2-98; Ord. No. 67-99, § 1, 6-7-99; Ord. No. 121-05, § 3, 11-21-05; Ord. No. 128-05, § 3, 12-19-05)
15.27.050 Accessory uses.
Accessory uses permitted in the C-2 general commercial district are accessory buildings and uses customarily incident to any permitted uses in this district.
15.27.060 Parking regulations.
Parking, loading and stacking within the C-2 general commercial district shall be regulated in conformance with the provisions of chapter 15.55.
15.27.070 Sign regulations.
Signs within the C-2 general commercial district shall be regulated in conformance with the provisions of chapter 15.57.
15.27.080 Density, area, yard and height regulations.
A maximum height and minimum lot requirements within the C-2 general commercial district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | -- | -- | 10'* | 10'** | 20'*** | 45' |
* The required building setback shall be ten feet for a building frontage of 0--50 feet; 15 feet for a building frontage of 51--100 feet; 20 feet for a building frontage of 101--150 feet; and 25 feet for a building frontage of 151 feet and above.
EXCEPTION: A building may have additions erected in line with the existing building provided the addition is no more than 15 percent of the existing building frontage.
** No side yard required except where a lot is adjacent to or abuts upon an R district.
*** No rear yard required except where a lot is adjacent to or abuts upon an R district.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.
(Ord. No. 94-84, § 5, 6-4-84; Ord. No. 100-99, § 1, 10-4-99)
15.27.090 Other regulations.
Development within the C-2 general commercial district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.29 C-3 CENTRAL BUSINESS DISTRICT
It shall be the purpose of this district to make the central business district the focal point of the city, encouraging private and public investment which will preserve the central business district as the primary office, hotel, institutional, cultural, and entertainment center of the city. It is further the purpose of this district to encourage a strong supportive retail center in the central business district which will complement other downtown uses and the surrounding neighborhoods. It is the intent of this district to place a high priority on the quality of design, integrating new uses with existing structures in a cohesive and attractive manner. Uses along the riverfront should be oriented towards the greenway and riverwalk system. Development should facilitate the transportation needs of individuals and businesses and a well-balanced transportation system which would recognize the importance of all forms of movements, be it pedestrian, bicycling, transit, automobile or truck in nature.
15.29.010 Scope of regulations.
Regulations set forth in this chapter are [or] set forth elsewhere in this title when referred to in this chapter are the district regulations in the C-3 central business district.
15.29.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the C-3 central business district:
(a) Retail trade or service.
(c) Personal service.
(d) Hotel/motel.
(e) Gasoline dispensing station.
(f) Public utility facility.
(g) Mortuary.
(h) Public service facility.
(i) [Reserved.]
(j) Commercial parking lots/parking ramps.
(k) Private club.
(l) Churches.
(m) Medical office.
(Ord. No. 39-96, § 8, 4-1-96; Ord. No. 8-97, § 1, 2-3-97; Ord. No. 23-97, § 1, 4-7-97; Ord. No. 17-98, § 21, 2-2-98; Ord. No. 20-03, § 11, 3-3-03; Ord. No. 21-05, § 7, 3-7-05)
15.29.030 Permitted special uses.
A building or premises may be used for the following purposes in the C-3 central business district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Dwellings, subject to:
(1) Being above the first floor.
(1) No more than two adult uses or one adult use and one on-sale liquor establishment may be established, operated, or maintained within 1,000 feet of each other as measured from the closest point of the outside wall of the building or tenant space.
(c) An electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Landscaping plan subject to planning department approval.
(d) Arcade, subject to:
(1) Not being located within 500 feet of an adult use.
(e) Family day care, subject to:
(1) City's Health Department day care registration;
(2) Written documentation that the owner/renter will occupy the home as a primary residence and the day care use will be a secondary use, and of hours of operation;
(3) A petition of support signed by 75 percent of registered property owners within 250 feet of the subject property for the day care use;
(4) Site plan submittal depicting outdoor play area(s), protected by a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening, and a safe driveway area for children drop-off and pick-up.
(f) Rooming/boarding house, subject to:
(1) The residences being constructed above the first floor.
(g) Off-sale alcoholic beverage establishment subject to:
1. Such use not being located within 500 feet of an elementary or secondary school measured from the closest point of the outside wall of the building or tenant space to the closest point of the school property.
(h) Recycling collection facility, in conformance with section 15.49.100.
(i) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(2) The distance between the proposed use and an R or MH residential district measured from lot line to lot line is not less than 600 feet.
(3) The distance between the proposed use and an elementary or secondary school, or public park, measured from lot line to lot line is not less than 600 feet.
(j) College or post high school subject to:
(1) Such use lying beyond 150 feet of any residential district.
(k) Food product manufacturing including candy, dairy, and bakery goods subject to:
(1) Such use shall include the retail sale of such goods.
(2) The food product manufacturing process is carried on within a fully enclosed building and is not offensive due to dust, odor, noise, vibration, pollution, smoke, heat, or glare.
(l) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(m) Full Service Restaurant, subject to:
(1) No residential uses within 100 feet.
(Ord. No. 55-91, § 9, 7-1-91; Ord. No. 79-91, § 3, 10-21-91; Ord. No. 58-93, § 1, 7-19-93; Ord. No. 5-97, § 4, 1-21-97; Ord. No. 23-97, § 5, 4-7-97; Ord. No. 41-97, § 6, 6-2-97; Ord. No. 63-97, § 1, 9-2-97; Ord. No. 17-98, § 22, 2-2-98; Ord. No. 108-04, § 18, 11-1-04; Ord. No. 60-08, § 8, 5-12-08)
15.29.040 Conditional uses.
A building or premises may be used for the following purposes in the C-3 central business district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Motor vehicle service station.
(b) Drive-up service window/device.
(c) Day care center.
(d) Bus passenger terminal.
(e) [Reserved.]
(f) Heliport.
(g) Motor vehicle repair shop.
(h) On-sale alcoholic beverage establishment.
(i) Motor vehicle sales, display and rental.
(j) Broadcast tower.
(k) Telecommunications tower.
(l) Crematory.
(m) Funeral establishment.
(n) Temporary or emergency shelter.
(o) Human service facility.
(Ord. No. 55-91, § 5, 7-1-91; Ord. No. 38-96, § 3, 4-1-96; Ord. No. 39-96, § 22, 4-1-96; Ord. No. 5-97, § 5, 1-21-97; Ord. No. 8-97, § 2, 2-3-97; Ord. No. 17-98, § 23, 2-2-98; Ord. No. 85-04, § 3, 9-7-04; Ord. No. 121-05, § 4, 11-21-05; Ord. No. 128-05, § 4, 12-19-05)
15.29.050 Accessory uses.
Accessory uses and buildings permitted in the C-3 central business district are accessory buildings and uses customarily incident to any permitted uses in this district.
15.29.060 Parking regulations.
Parking, loading and stacking within the C-3 central business district shall be regulated in conformance with the provisions of chapter 15.55.
15.29.070 Sign regulations.
Signs within the C-3 central business district shall be regulated in conformance with the provisions of chapter 15.57.
15.29.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements in the C-3 central business district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | -- | -- | -- | -- | -- | * |
* There is no height limit except in the airport approach zone [see section 15.43.102].
15.29.090 Other regulations.
Development within the C-3 central business district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," and chapter 15.51, "Additional Yard Regulations."
(Ord. No. 100-94, § 1, 11-7-94)
CHAPTER 15.31 C-4 PLANNED COMMERCIAL DISTRICT
This district is intended to provide for well-designed commercial areas primarily in developing areas along major arterials and in sensitive areas. Uses shall generally be intensive retail, general merchandise and other light commercial uses of a similar character. Outdoor storage is not allowed.
15.31.010 Scope of regulations.
Regulations set forth in this chapter are [or] set forth elsewhere in this title, when referred to in this chapter, are the district regulations of the C-4 planned commercial district.
15.31.020 Permitted special uses.
A building or premises may be used for the following purposes in the C-4 planned commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit in conformance with the requirements of chapter 15.59.
(a) Veterinarian, subject to:
(1) No outdoor kenneling of dogs permitted within 150 feet of a residential district.
(b) An electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(c) Personal services, subject to:
(1) The parcel containing one acre of land or less.
(2) The building containing 15,000 square feet of area or less.
(d) Retail trade and service, subject to:
(1) The parcel containing one acre of land or less; and
(2) The building containing 15,000 square feet of area or less.
(e) Office, medical office subject to:
(1) The parcel containing one acre of land or less.
(2) The building containing 15,000 square feet of area or less.
(f) Public utility facility, subject to:
(1) The structure (if any) being sensitive to the surrounding environment and compatible in design to surrounding uses.
(g) Drive-up window, subject to:
(1) A circulation and stacking pattern approved by the traffic engineer.
(h) Recycling collection facility, in conformance with section 15.49.100.
(i) Off-sale alcoholic beverage establishment subject to:
1. Such use not being located within 500 feet of an elementary or secondary school measured from the closest point of the outside wall of the building or tenant space to the closest point of the school property line.
(j) Group home, subject to:
(1) The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet.
(2) The distance between the proposed use and an R or MH residential district measured from lot line to lot line is not less than 600 feet.
(3) The distance between the proposed use and an elementary or secondary school, or public park, measured from lot line to lot line is not less than 600 feet.
(k) College or post high school subject to:
(1) The building containing 2,000 square feet of area or less.
(l) Accessory parking, off-site, subject to:
(1) Such use not being located within 150 feet of a residential district or use.
(m) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(n) Retail warehouse, subject to:
(1) Such building lying beyond 150 feet of any residential district or use.
(o) Public service facility.
(1) One of the principal frontages of the premises shall abut an arterial or collector street.
(p) Full Service Restaurant, subject to:
(1) No residential uses within 100 feet.
(Ord. No. 84-85, § 1, 10-7-85; Ord. No. 79-91, § 4, 10-21-91; Ord. No. 5-97, § 6, 1-21-97; Ord. No. 23-97, § 6, 4-7-97; Ord. No. 41-97, § 7, 6-2-97; Ord. No. 80-97, § 2, 11-3-97; Ord. No. 17-98, § 24, 2-2-98; Ord. No. 16-99, § 3, 2-16-99; Ord. No. 20-03, § 12, 3-3-03; Ord. No. 58-03, § 1, 7-7-03; Ord. No. 21-05, § 8, 3-7-05; Ord. No. 60-08, § 9, 5-12-08)
15.31.030 Conditional uses.
A building or premises may be used for the following purposes in the C-4 planned commercial district if the conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Motor vehicle service station/gas dispensing station.
(b) On-sale alcoholic beverage establishment.
(c) Hotel/motel.
(d) Carwash.
(e) Mortuary.
(f) Commercial parking lots.
(g) Arcade.
(h) Churches.
(i) Motor vehicle sales, display and rental.
(j) Parking ramp.
(k) Bus passenger terminal.
(l) Day care center.
(m) [Reserved.]
(n) Telecommunications tower.
(o) Seasonal roadside stand.
(p) [Reserved.]
(q) Broadcast tower.
(r) Motor vehicle display and sales within an existing commercial parking lot/facility.
(s) Recycling processing facility.
(t) Motor vehicle repair shops.
(u) Printing plant.
(v) Kennel.
(w) Crematory.
(x) Funeral establishment.
Editor's note—Ord. No. 67-99, § 2, adopted June 7, 1999, amended § 15.31.030 by providing for subsection "(u) Kennel." To maintain the alphabetic sequencing of this Code, this subsection has been renumbered at the discretion of the editor. See the Code Comparative Table.
(Ord. No. 55-91, § 10, 7-1-91; Ord. No. 25-92, § 2, 3-2-92; Ord. No. 20-93, § 2, 3-1-93; Ord. No. 38-96, § 2, 4-1-96; Ord. No. 39-96, §§ 20, 23, 4-1-96; Ord. No. 5-97, § 7, 1-21-97; Ord. No. 23097, § 1, 4-7-97; Ord. No. 17-98, § 25, 2-2-98; Ord. No. 24-99, § 2, 3-1-99; Ord. No. 67-99, § 2, 6-7-99; Ord. No. 85-04, § 4, 9-7-04; Ord. No. 108-04, § 19, 11-1-04; Ord. No. 112-09, § 5, 12-21-09)
15.31.040 Accessory uses.
Accessory uses permitted in the C-4 planned commercial district are accessory buildings and uses customarily incident to any permitted uses in this district.
15.31.050 Parking regulations.
Parking, loading and stacking within the C-4 planned commercial district shall be regulated in conformance with the provisions of chapter 15.55.
15.31.060 Sign regulations.
Signs within the C-4 planned commercial district shall be regulated in conformance with the provisions of chapter 15.57.
15.31.070 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the C-4 planned commercial district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | -- | -- | 15'* | 10'** | 20'*** | 45' |
* The required building setback shall be 15 feet for a building frontage of 0--50 feet; 20 feet for a building frontage of 51--100 feet; 25 feet for a building frontage of 101--150 feet; and 30 feet for a building frontage of 151 feet and above.
EXCEPTION: A building may have additions erected in line with the existing building provided the addition is no more than 15 percent of the existing building frontage.
** No side yard is required except where a lot is adjacent to or abuts upon an R district.
*** No rear yard is required except where a lot is adjacent to or abuts upon an R district.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each side of a corner lot.
(c) Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.
(Ord. No. 94-84, § 6, 6-4-84; Ord. No. 42-89, § 1, 5-15-89; Ord. No. 100-99, § 2, 10-4-99)
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15.31.080 Other regulations.
Development within the C-4 planned commercial district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.33 I-1 LIGHT INDUSTRIAL DISTRICT
This district is intended to provide for a number of light manufacturing, wholesale, warehousing and service uses in an attractive industrial-park-like setting. These uses do not depend on frequent personal visits from the public at large, but allow for use by other park businesses and do not include residences, apartments or commercial uses which are primarily retail in nature. It is the intention of this district to provide high-amenity industrial development along the major streets and adjacent to residential areas, while allowing for slightly heavier development in the interior of the industrial areas.
15.33.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations in the I-1 light industrial district.
15.33.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the I-1 light industrial district:
(a) Wholesale trade.
(c) Contractor's shop/storage yard.
(d) Office.
(e) Public utility facility.
(f) Frozen food locker.
(g) Antenna support structure.
(h) Printing plant.
(i) Motor vehicle service station.
(j) Public service facility.
(k) Medical office.
(Ord. No. 43-84, § 2, 3-19-84; Ord. No. 39-96, § 24, 4-1-96; Ord. No. 17-98, § 26, 2-2-98; Ord. No. 20-03, § 13, 3-3-03; Ord. No. 21-05, § 9, 3-7-05)
15.33.030 Permitted special uses.
A building or premises may be used for the following purposes in the I-1 light industrial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Off-premises signs, in conformance with 15.58.
(b) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plan subject to planning department approval.
(c) Bus/truck terminal located at least 300 feet from a residential district.
(d) Unscreened outdoor storage of goods or materials, subject to:
(1) The storage area lying beyond 300 feet of any arterial street shown on the major street plan.
(2) The storage area lying beyond 300 feet of any R district.
(e) Warehouse, miniwarehouse, subject to:
(1) Hazardous materials shall not be stored on the premises in quantities in excess of those exempted by the building code and fire code.
(f) Lumberyard, subject to:
(1) The storage area lying beyond 300 feet of any street shown on the major street plan.
(g) Retail trade or service, subject to:
(1) It being an accessory use when in conjunction with the primary use of wholesaling or manufacturing.
(h) Truck or bus wash, subject to:
(1) Subject to the water from the truck or bus wash being contained on the site.
(i) Truck repair, sales and service, subject to:
(1) No unscreened outdoor storage of parts.
(j) Drive-up service window, subject to:
(1) A circulation and stacking pattern approved by the traffic engineer.
(k) Motor vehicle sales, subject to:
(1) It being an accessory use when in conjunction with the primary use of a motor vehicle repair shop. The number of vehicles on display for sale shall not exceed four at any one time.
(l) Recycling collection facility, in conformance with section 15.49.100.
(m) Telecommunications tower, subject to:
(1) 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.
(2) A minimum distance of 1/2 mile between telecommunications towers measured from the base of one telecommunications tower to the base of another.
(3) Stealth design approved by the director of planning and building services.
(n) Crematory subject to:
(1) Accessory to the primary use of a cemetery,
(2) Such use lying beyond 150 feet of any residential district,
(3) One of the principal frontages of the premises shall abut an arterial or collector street, and
(4) A neighborhood meeting shall be conducted to address site and building design.
(o) Funeral establishment:
(1) Accessory to the primary use of a cemetery,
(2) Such use lying beyond 150 feet of any residential district,
(3) One of the principal frontages of the premises shall abut an arterial or collector street, and
(4) A neighborhood meeting shall be conducted to address site and building design.
(Ord. No. 3-84, § 1, 1-9-84; Ord. No. 101-87, § 1, 12-7-87; Ord. No. 79-91, § 5, 10-21-91; Ord. No. 17-98, § 27, 2-2-98; Ord. No. 32-04, § 1, 3-8-04; Ord. No. 85-04, § 5, 9-7-04; Ord. No. 58-06, § 3, 5-1-06)
15.33.040 Conditional uses.
A building or premises may be used for the following purposes in the I-1 light industrial district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Commercial parking lots.
(c) Farm store or feed store.
(d) Quarry.
(e) Private lake.
(f) Salvage operation.
(g) Automobile storage yard.
(h) Farm implement sales, display and service.
(i) Motor vehicle repair shop.
(j) Day care center.
(k) Wind energy conversion systems.
(l) Asphalt concrete plant.
(m) Ready-mix concrete plant.
(n) Solid waste transfer facility.
(o) Recycling processing facility.
(p) Broadcast tower.
(q) Accessory parking, off-site.
(r) Regulated medical waste transfer or treatment facility.
(Ord. No. 3-84, § 3, 1-9-84; Ord. No. 43-84, § 3, 3-19-84; Ord. No. 94-84, § 2, 6-4-84; Ord. No. 29-85, §§ 1, 2, 4-1-85; Ord. No. 99-88, § 1, 11-7-88; Ord. No. 79-91, § 7, 10-21-91; Ord. No. 17-98, § 28, 2-2-98; Ord. No. 68-99, § 1, 6-7-99; Ord. No. 75-01, § 19, 8-6-01; Ord. No. 01-08, § 4, 1-7-08)
15.33.050 Accessory uses.
Accessory uses and buildings permitted in the I-1 light industrial district are accessory buildings and uses customarily incident to any permitted uses in this district.
15.33.060 Parking regulations.
Parking, loading and stacking within the I-1 light industrial district shall be regulated in conformance with the provisions of chapter 15.55.
15.33.070 Sign regulations.
Signs within the I-1 light industrial district shall be regulated in conformancewith the provisions of chapter 15.57.
15.33.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the I-1 light industrial district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | -- | -- | 25'* | 10'** | 20'*** | 45'**** |
* Structures whose front yard abuts an arterial street as designated on the city functional classification street map may allow a parking lot to be set back 15 feet minimum.
** No side yard is required except where a lot is adjacent to or abuts upon an R district.
*** No rear yard is required except where a lot is adjacent to or abuts upon an R district.
**** Nonhabitable structures will be permitted to have a maximum height of 60 feet.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of the corner lot.
(c) Accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.
(Ord. No. 64-95, § 1, 5-1-95)
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15.33.090 Other regulations.
Development within the I-1 light industrial district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.35 I-2 GENERAL INDUSTRIAL DISTRICT
This district is intended to provide for general industrial uses which may create some nuisance and which are not properly associated with, nor compatible with, residential, office, institutional or planned or neighborhood commercial establishments.
All uses in this district shall comply with any state or local regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable.
15.35.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations in the I-2 general industrial district.
15.35.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the I-2 general industrial district:
(a) Wholesale trade.
(b) General manufacturing of products not specified in 15.35.040 below.
(c) Farm store or feed store.
(d) Contractor's shop/storage yard.
(e) Bus/truck terminal.
(f) Public utility facility.
(g) Frozen food locker.
(h) Antenna support structure.
(i) Public service facility.
(j) Crematory.
(Ord. No. 17-98, § 29, 2-2-98; Ord. No. 20-03, § 14, 3-3-03; Ord. No. 85-04, § 6, 9-7-04)
15.35.030 Permitted special uses.
A building or premises may be used for the following purposes in the I-2 general industrial district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Off-premises signs, in conformance with 15.58.
(b) Electrical substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Landscaping plan subject to planning department approval.
(c) Retailing, subject to:
(1) It being an accessory use when in conjunction with a primary use of wholesaling or manufacturing.
(d) A warehouse or minimwarehouse, subject to:
(1) Hazardous materials shall not be stored on the premises in quantities in excess of those exempted by the building code and fire code.
(e) Bus and truck wash, subject to:
(1) The water from the truck or bus wash being contained on the site.
(f) Drive-up service window, subject to:
(1) A circulation and stacking pattern approved by the traffic engineer.
(g) Truck repair, sales, and service, subject to:
(1) No unscreened outdoor storage of parts.
(h) Recycling collection facility, in conformance with 15.49.100.
(i) Telecommunications tower, subject to:
(1) 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.
(2) A minimum distance of 1/2 mile between telecommunications towers measured from the base of one telecommunications tower to the base of another.
(3) Stealth design approved by the director of planning and building services.
(Ord. No. 3-84, § 2, 1-9-84; Ord. No. 27-86, § 1, 4-7-86; Ord. No. 79-91, § 6, 10-21-91; Ord. No. 17-98, § 30, 2-2-98; Ord. No. 32-04, § 2, 3-8-04; Ord. No. 58-06, § 4, 5-1-06)
15.35.040 Conditional uses.
A building or premises may be used for the following purposes in the I-2 general industrial district if a conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.59:
(a) Fruit and vegetable canning and processing.
(b) Manufacture of acid, alcohol, ammonia, asphalt, bleach, cement, chlorine, dyestuffs, explosives, fertilizer, glue, gypsum, lime, oils, paint, plaster of Paris, shellac, sizing, turpentine or yeast.
(c) Stockyards/slaughtering of animals.
(d) Rendering.
(e) Distillation of products.
(f) Refining.
(g) Sanitary landfill.
(h) Paper manufacturing.
(i) Smelting.
(j) Boilerworks.
(k) Tank farm; petroleum products terminal.
(l) Processing of hides or furs.
(m) Grain terminal; grain processing.
(n) Junkyard.
(o) Manufacture and storage of electric transformers.
(p) Commercial parking lots.
(q) Mining in conformance with 15.49.050.
(r) Quarry.
(s) Automobile storage yard.
(t) Motor vehicle repair shops.
(u) Parking ramps.
(v) Private lake.
(w) Any similar use not heretofore specified.
(x) Wind energy conversion systems.
(y) Solid waste transfer facility.
(z) Recycling processing facility.
(aa) Broadcast tower.
(bb) Accessory parking, off-site.
(cc) Regulated medical waste transfer or treatment facility.
(dd) Salvage operation.
(Ord. No. 3-84, § 3, 1-9-84; Ord. No. 94-84, § 3, 6-4-84; Ord. No. 99-88, § 2, 11-7-88; Ord. No. 79-91, § 8, 10-21-91; Ord. No. 39-96, § 29, 4-1-96; Ord. No. 17-98, § 31, 2-2-98; Ord. No. 68-99, § 2, 6-7-99; Ord. No. 75-01, § 20, 8-6-01); Ord. No. 01-08, § 5, 1-7-08
15.35.050 Accessory uses.
Accessory uses and buildings permitted in the I-2 general industrial district are accessory buildings and uses customarily incident to any permitted uses in this district.
15.35.060 Parking regulations.
Parking, loading and stacking within the I-2 general industrial district shall be regulated in conformance with the provisions of chapter 15.55.
15.35.070 Sign regulations.
Signs within the I-2 general industrial district shall be regulated in conformance with the provisions of chapter 15.57.
15.35.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the I-2 general industrial district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | -- | -- | 25'* | 10'** | 20'*** | 55'**** |
* Structures whose front yard abuts an arterial street, as designated on the city functional classification map may allow a parking lot to be set back 15 feet minimum.
** No side yard is required except where a lot is adjacent to or abuts upon an R district.
*** No rear yard is required except where a lot is adjacent to or abuts upon an R district.
**** Nonhabitable structures will be permitted to have a maximum height of 60 feet.
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
(c) Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.
(Ord. No. 64-95, § 2, 5-1-95)
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15.35.090 Other regulations.
Development within the I-2 general industrial district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.37 RC RECREATION/CONSERVATION DISTRICT*
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*Cross references—Parks and recreation, ch. 27.
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This district is intended to provide the city with open space and natural areas for recreation, to provide protection from floods and erosion, to protect views, to preserve natural settings for wildlife habitats, to add to the aesthetic quality of the community and to lessen the urban density.
15.37.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations in the RC recreation/conservation district.
15.37.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the RC recreation/conservation district:
(a) Public recreation facility or forest preserve.
(c) Public service facility.
(Ord. No. 20-03, § 15, 3-3-03)
15.37.030 Permitted special uses.
A building or premises may be used for the following purposes in the RC recreation/conservation district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for such use in conformance with the requirements of chapter 15.59:
(a) Nursery/tree farm, subject to:
(1) No retail sales allowed on the premises.
(2) No structures except accessory buildings as permitted in 15.37.050 subject to such buildings not exceeding 500 square feet.
(b) Electric substation, subject to:
(1) An opaque screen, six feet in height, must be located as far back as all setback lines.
(2) Any electrical substation will be subject to the noise regulations outlined in chapter 9 of the Sioux Falls Code of Ordinances.
(3) Landscaping plans subject to planning department approval.
(c) Antenna support structure, subject to:
(1) Stealth design approved by the director of planning and building services.
(d) Crematory:
(1) Accessory to the primary use of a cemetery,
(2) Such use lying beyond 150 feet of any residential district,
(3) One of the principal frontages of the premises shall abut an arterial or collector street, and
(4) A neighborhood meeting shall be conducted to address site and building design.
(e) Funeral establishment:
(1) Accessory to the primary use of a cemetery,
(2) Such use lying beyond 150 feet of any residential district,
(3) One of the principal frontages of the premises shall abut an arterial or collector street, and
(4) A neighborhood meeting shall be conducted to address site and building design.
(Ord. No. 17-98, § 32, 2-2-98; Ord. No. 85-04, § 7, 9-7-04)
15.37.040 Conditional uses.
A building or premises may be used for the following purposes in the RC recreation/conservation district if the conditional use permit for such use has been obtained in conformance with the requirements of chapter 15.53:
(a) Commercial recreation facility.
(c) Fairgrounds.
(d) Quarry.
(e) Stable.
(f) Private lake.
(g) Pet cemetery.
(h) Public utility facility.
(i) Campground.
(j) Broadcast tower.
(k) Telecommunications tower.
(Ord. No. 17-98, § 33, 2-2-98)
15.37.050 Accessory uses.
Accessory uses permitted in the RC recreation/conservation district are accessory buildings and uses customarily incident to any permitted uses in this district.
Manufactured homes used as caretaker quarters will be allowed subject to the provisions of section 15.49.110.
(Ord. No. 90-92, § 2, 10-5-92; Ord. No. 94-95, § 10, 7-3-95)
15.37.060 Parking regulations.
Parking, loading and stacking within the RC recreation/conservation district shall be regulated in conformance with the provisions of chapter 15.55.
15.37.070 Sign regulations.
Signs within the RC recreation/conservation district shall be regulated in conformance with the provisions of chapter 15.57.
15.37.080 Density, area, yard and height regulations.
The maximum height and minimum lot requirements within the RC recreation/conservation district shall be as follows:
(a) General requirements:
Density | Lot | Req'd. | Req'd. | Req'd. | Req'd. | Maximum | |
All uses | -- | 1 acre | 150' | 25' | 15' | 25' | 35' |
(b) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot.
15.37.090 Other regulations.
Development within the RC recreation/conservation district shall be regulated in conformance with the provisions of chapter 15.49, "Additional Use Regulations," chapter 15.51, "Additional Yard Regulations," and chapter 15.53, "Additional Height Regulations."
CHAPTER 15.39 AP AIRPORT ZONING DISTRICT
It shall be the intent of this district to encourage and support the continued operation and vitality of Sioux Falls Regional Airport by allowing certain airport-related commercial/industrial and recreational uses in accordance with this ordinance, state law, and Federal Aviation Administration regulations. The uses shall be developed within the area which is delineated within the latest version of the Sioux Falls Regional Airport Master Plan.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.005 Airport administration.
The Sioux Falls Regional Airport Authority shall have the power to adopt and enforce the airport zoning regulations within this section.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations of the AP, Airport Zoning District.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.020 Permissive uses.
A building or premises shall be permitted to be used for the following purposes in the AP, Airport Zoning District:
(a) Airport facilities, to include runways, aprons, taxiways, weather monitoring facilities, control tower, navigational and communications facilities, airfield lighting and signs, and associated structures.
(b) Airport passenger terminal, with associated ticket sales, restaurant/lounge and food services, retail sales and services, car rental services, other incidental services, and associated short-term and long-term parking lots.
(c) Aircraft servicing, manufacturing, and retrofitting facilities.
(d) Airport services.
(e) Aircraft hangars, servicing, and repair facilities.
(f) Air cargo reserve.
(g) Airport administration and maintenance facilities.
(h) Air cargo/freight terminals, operations, and activities.
(i) General aviation services and facilities, including aircraft tie-down and parking areas, support and maintenance shops, concessions, aviation fuel storage, and dispensing facilities.
(j) Aircraft sales and leasing facilities and services.
(k) Aerospace and aviation-related training facilities.
(l) Air National Guard facilities.
(m) Golf courses.
(n) Public utility facility.
(o) Warehouse.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.030 Permitted special uses.
A building or premises may be used for the following purposes in the AP, Airport District in conformance with the conditions prescribed herein or by obtaining a conditional use permit for such use from the Sioux Falls Regional Airport Authority in conformance with the standards in 15.59.100:
(a) Bus/truck terminal.
(1) The parcel containing one acre of land or less; and
(2) The building containing 15,000 square feet of area or less.
(1) Five storage spaces for each bay provided such storage does not interfere with other off-street parking.
(2) The water from the carwash being contained on the site.
(c) Electric substation, subject to:
(1) An opaque screen, 6 feet in height, must be located as far back as all setback lines.
(2) Landscaping plans subject to airport authority approval.
(d) Office, subject to:
(1) The parcel containing one acre of land or less; and
(2) The building containing 15,000 square feet of area or less.
(e) Nursery/tree farm, subject to:
(1) No retail sales allowed on the premises.
(2) No structures except accessory buildings as permitted in 15.37.050 subject to such buildings not exceeding 500 square feet.
(f) Retail trade and services, subject to:
(1) The parcel containing one acre of land or less; and
(2) The building containing 15,000 square feet of area or less.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.050 Accessory uses.
Accessory uses and buildings permitted in the AP, Airport Zoning District are accessory buildings and uses customarily incidental to any permitted uses in this district.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.060 Parking regulations.
Parking, loading, and stacking requirements within the AP District are not applicable.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.070 Sign regulations.
Signs within the AP, Airport Zoning District shall be regulated in conformance with the C-4 Planned Commercial District provisions of Chapter 15.57.
(Ord. No. 76-07, § 9, 6-4-07)
15.39.080 Density, area, and height regulations.
The minimum lot requirements within the AP, Airport Zoning District shall be as follows:
(a) Density, yard, and lot dimensional requirements shall not be applicable to the AP Airport Zone.
(b) Building height shall not exceed FAA criteria.
(c) Lots fronting on taxiways shall comply with all FAA regulations and criteria for dimensional requirements for taxiway design.
(Ord. No. 76-07, § 9, 6-4-07)
CHAPTER 15.41 RESERVED
CHAPTER 15.43 DR DESIGN REVIEW OVERLAY DISTRICT*
This district is intended to provide both developing and redeveloping areas with special standards to protect and enhance the unique features of the area. It is not intended that these regulations interfere with, abrogate or annul any other rules or regulations of this title; except that if the design review overlay district imposes a greater restriction than the underlying zoning district regulations, they shall control.
15.43.010 Scope of regulations.
The regulations set forth in this chapter or set forth elsewhere in this title when referred to in this chapter are the district regulations in the DR design review overlay district.
15.43.020 Boundaries of districts.
The boundaries of each design review overlay district are shown upon a map which is made a part of each overlay district by reference. That part of each map designating the title and boundaries shall have the same force and effect as if they were all fully set forth herein.
15.43.030 Uses permitted.
A building or premises may be used for the purposes permitted in the underlying zoning district provided it is in conformity with the conditions required in the design review overlay district.
15.43.040 Accessory uses.
Accessory uses and buildings permitted are accessory buildings and uses customarily incident to any of the permitted uses in the underlying zoning district which are not prohibited by the overlying design review overlay district.
15.43.050 Parking regulations.
All parking, loading and stacking shall be regulated by the underlying zoning district and in conformance with the provisions of the overlying design review district.
15.43.060 Sign regulations.
Signs shall be regulated in conformance with chapter 15.57 and any regulations imposed by the overlying design review overlay district.
15.43.070 Density, area, yard and height regulations.
The maximum height and minimum lot requirements shall be subject to the maximum height and minimum lot requirements of the underlying zoning district and any regulations imposed by the overlying design review [overlay] district.
15.43.080 Design review [overlay] districts enumerated.
Design review [overlay] districts adopted by the City of Sioux Falls shall be as enumerated below:
15.43.081. Downtown Sioux Falls design review district.
(a) Boundaries: The district boundaries shall include all properties within the boundaries of the Main Street Sioux Falls Business Improvement District as defined by section 39-142.
(b) Intent: It is the intent of these regulations to protect major public and private investments that exist downtown and to enhance the positive visual character of the district by promoting architectural design which devotes as much attention to the physical appearance of the structure as to its functional aspects for all construction projects.
The primary objective is to ensure new buildings, building additions, facade alterations, rehabilitations, and signage are compatible with the character of the district and fit in with their surroundings thereby reinforcing the visual quality of the area, preserving the property values, and supporting the tourism potential of downtown.
Compatibility calls for a building design which fits in with its surroundings, without requiring uniformity of design, and without dictating specific architectural styles. The design of a building must consider the surroundings--sometimes called the context--of the site. This design review district recognizes that the overall context of downtown includes variations, and is intended to allow both flexibility and creativity in devising compatible design solutions.
Therefore, it is the city's intent to encourage new developments, redevelopments, and the remodeling of existing building exteriors which are substantially consistent with the design criteria set forth in the Downtown Design Guidelines for Sioux Falls, South Dakota, prepared in 1995.
(c) Standards:
(1) Building orientation and setback. The placement of new construction shall reflect the setback already established by surrounding buildings. Along blocks already heavily developed, the front setbacks of new buildings shall not vary from the average setback that exists along the block by more than five percent.
(2) Building height. Mid-block buildings shall not vary from the average height of the other mid-block buildings by more than ten feet. The other mid-block buildings shall be those found along both sides of the street along the block of the subject site. Corner buildings are generally taller than mid-block buildings. The maximum height of new corner buildings shall not exceed the average height of the buildings occupying the adjacent corners at the intersection, nor shall corner buildings be lower than two stories. For high-rise construction, the upper stories should be set back away from the street facade. All buildings taller than three stories shall undergo design review by the planning commission.
(3) Building width. Construction of new buildings and the substantial reconstruction of existing building facades which exceed 40 feet of width facing the street shall incorporate a rhythmic division of the facade into smaller segments to maintain the pattern of widths typically found in the surroundings of the site. Use of vertical features, minor inserts or outsets of segments of the facade, and the sensitive placement and proportions of window openings are among the methods available to create a division of a long facade into smaller segments or bays. All buildings which exceed 90 feet of width facing any street or which exceed 24,000 square feet of aboveground finished floor area shall undergo design review by the planning commission.
(4) Building color and texture. Color schemes shall be simple, using the minimum number of colors necessary to accentuate architectural features. Color selection shall complement the predominant hues of adjoining buildings and the use of extremely bright and dark hues shall be limited to smaller accent features of the building. Color schemes which are designed to draw attention or which create a result which is difficult for people to ignore shall not be used. The color criteria shall not apply to buildings repainting projects which do not substantially change the existing color scheme.
(5) Materials. Materials should be compatible with those used for adjacent buildings. Rough-sawn wood, rustic shingles, aluminum or vinyl siding or obvious imitation materials should not be used. The color and proportions of brick and stone should not contrast sharply with the masonry typically found near the development site. Use of large panelized materials which contrast with the surrounding buildings should be avoided.
(6) Proportion of openings. The size spacing horizontal alignment and proportions of doors and window openings should reflect those predominating along the block. For much of the densely developed downtown area, the appropriate pattern of openings include large display windows on the first floor and regularly spaced, vertically aligned windows on the upper floors that are relatively tall and narrow. When restoring, rehabilitating, or remodeling a building more than 50 years old, the size, proportion, and profile of the original window openings should be maintained. Recessed entries are encouraged if they were part of the original building design or for use in new construction where the site is located where such openings predominate. Wood or prefinished aluminum are the preferred finish material for doors and windows; raw aluminum is not appropriate.
(7) Historic building remodeling. Projects involving the renovation or remodeling of downtown historic buildings should reflect the original architectural character of the building. Introduction of new design elements should be consistent with the traditional features of the building. It is encouraged that all historic building remodeling projects be consistent with the Secretary of Interior's Standards for Rehabilitation to the greatest degree practicable.
(8) Horizontal alignment. Patterns of horizontal alignment are closely related to the patterns created by the proportion of openings. Horizontal patterns are created by design elements which separate one building level from the floor above, and by the horizontal repetition of building features such as window openings, columns, and pilasters. Where recognizable streetscape pattern of horizontal alignment and banding exists between floors, building modifications and new construction in the area should maintain, enhance, and complement the pattern. The use of awnings and/or canopies to reinforce the horizontal alignment patterns at the pedestrian level is encouraged.
(9) Roof forms. The predominant roof form downtown is a flat roof with a raised parapet and a decorative cornice. This roof form is appropriate in nearly all areas of the downtown district. The use of pitched roofs is generally discouraged, except when the building is geographically isolated from nearby construction or when there is a strong visual connection with an existing building with a pitched roof. The use of a decorative cornice as a building element is a desirable feature to maintain or to incorporate into new construction.
(10) Sidewalk coverings. Sloped awnings with a continuous band along the lower edge, with either open or closed ends, are appropriate. Barrel awnings, bubble awnings, aluminum and rigid plastic awnings are discouraged. Internally lighted, or backlit, plastic awnings are inconsistent with the Downtown Design Guidelines for Sioux Falls, South Dakota, and are strongly discouraged.
(11) Signage. The size, location, and readability of signs for private businesses should be orientated toward pedestrian traffic. The design of buildings should take precedence over the design of business signs. Signs should be designed to be compatible with the buildings which support them, with appropriately scaled signable areas coordinated with the building design, and should respect the existing architectural design elements of the building. Building exteriors should not be remodeled for the principal purpose of accommodating signage.
(12) Parking and access. The perimeters of surface parking lots adjacent to a street or sidewalk should be provided with an edge treatment designed to define the edge and to separate the lot from the street or sidewalk. Preferred treatments include a landscape setback, a screen wall, masonry piers, bollards, and wrought iron fencing. New curb cuts crossing the pedestrian sidewalk are discouraged. Where curb cuts are necessary for access to parking facilities and drive-through services, such as banks, the curb cuts should be located on streets with little pedestrian traffic; good sight lines for both the pedestrian and the motorist should be provided; and the number of curb cuts should be kept to a minimum along any given block.
(13) Other considerations. Landscaping, planter boxes, hanging flower baskets, window boxes, outdoor furniture, outdoor dining areas, and public art are encouraged wherever appropriate.
(d) Plan review: Development and redevelopment of any property, and the exterior renovation of any existing structure located within the Main Street Sioux Falls Business Improvement District shall undergo a design review and approval by the planning commission if the director of planning and building services determines that the standards in (c) are not met.
15.43.082. 49th Street corridor design review district.
(a) Legal description:
(1) Tract 7 and tract 8, Sioux Empire Addition.
(2) The north 577.9 feet of the south 627.9 feet of the east 559.79 feet of the west 609.79 feet of the southwest quarter of the northwest quarter, section 31-101-49.
(3) Tracts 5 and 6, New Town West Addition.
(4) Lots 1 through 3, tract 1, Oxbow Addition.
(5) That portion of tract 6, Brown Addition, lying south and west of the river.
(6) Lot 5, tract 3, Brown Addition.
(7) Lot 4, tract 3, Brown Addition.
(8) Tract 4, Brown Addition.
(9) Lot 1, block 1, Burlington Second Addition.
(10) The north 200 feet of the southeast quarter of section 31-101-49.
(11) The south 260 feet of the west 2,217.27 feet of the northeast quarter of section 31-101-49.
(12) The east 1,262.6 feet of the south 500 feet of the north 550 feet of the northeast quarter of the southwest quarter of section 31-101-49.
(13) The south 450 feet of the north 500 feet of the east 1,029.6 feet of the northwest quarter of the southwest quarter of section 31-101-49.
(14) Lot 1, block 1, Cottonwood Heights Addition.
(15) Tract 2, Helray Addition.
(16) The south 500 feet of the north 550 feet of the west 2,292.8 feet of the southeast quarter of section 36-101-49.
(17) That portion of the north 550 feet of the northeast quarter of the southwest quarter of section 36-101-49 lying east of the Interstate.
(See map on file with the city clerk of records office.)
(b) Intent: The 49th Street corridor contains many unique features which require special zoning regulations. Guidelines for development along 49th Street have been established which will maintain the features that make this street unique. These features include a bikeway along the south side of 49th Street which will connect the Western Heights area to the River Greenway Bikeway System, and there is also the location of the Big Sioux River oxbows on either side of 49th Street. The oxbows are the last remnant of the way the Big Sioux River on the west side of Sioux Falls was prior to channelization. They exemplify the twisting, winding nature of the original riverbed and much of the vegetation in the area is typical of the flora associated with the original river banks. As such, the oxbows present an invaluable resource to the community and should be protected from development that would encroach on them.
The intent of these guidelines is to take extra care in the design of the sites located along 49th Street so that developers can take advantage of the street's unique features without creating the types of problems typically associated with high-volume streets: increased pollution (visual, air and noise), heavy traffic with dangerous turning movements and insensitivity to the site.
Therefore, it is the city's intent to follow these policies along 49th Street:
--Discouraging development which will require an excessive amount of curb cuts along the arterials.
--Preserving the bikeway along the south side of 49th Street as a safe and viable connection by reducing curb cuts.
--Encouraging developers to plat lots in such a way that access can be shared or so access can be placed on the side street.
--Considering possible future locations of bus shelters along 49th Street.
--Developing attractive, functional commercial, office and residential sites which will be well integrated with each other, as well as the natural features the city is attempting to preserve along 49th Street.
(c) Standards:
(1) Access:
a. Development along 49th Street will be limited to one curb cut every 450 feet.
(2) Site development:
a. A setback of 25 landscaped feet will be required in order to protect the high visual quality of 49th Street.
b. Any structure adjacent to the oxbows shall be oriented and designed in such a way as to offset any negative effects said development could have on the oxbows. For example, heating and air conditioning units and outside storage should be screened from the oxbows.
c. Cluster development will be encouraged on the sites so that efficient use is made of the access points and the land.
d. Development within the 49th Street overlay district must undergo design review by the Sioux Falls planning commission who may approve, deny or modify submitted proposals. Once a project has received planning commission approval, subsequent buildings and additions of like construction or accessory buildings of less than 300 square feet may be approved by the director of planning and building services if they meet all applicable code requirements.
(3) Signs: Signs within 200 feet of the 49th Street right-of-way shall be in conformance with the following standards.
Exception: Businesses having frontage on Western Avenue shall be regulated in accordance with chapter 15.57, however, freestanding signs on the corner properties at the intersection of 49th Street and Western Avenue which do not conform to the following regulations may not cross the assumed vertical plane which bisects the angle of the corners to the 49th Street side.
a. Style.
Building signs shall be in conformance with chapter 15.57.
Portable signs, pennants and banners, and off-premise signs are prohibited.
Freestanding signs shall be monument style. To qualify as monument style, the bottom of the sign's face shall not be more than one foot from immediate ground level at the closest point; however, ground level shall not be raised above the adjacent curb elevation for the express purpose of raising the sign's overall height.
b. Size and number. The maximum size of any one freestanding sign shall be 48 square feet and the site must have at least 100 feet of frontage to qualify for a freestanding sign. A site with 300 feet of frontage or more will be allowed a second freestanding sign.
c. Height. The sign shall have a maximum vertical measurement of four feet and freestanding signs shall not exceed a maximum overall height of eight feet above the curb elevation.
Exception: Businesses utilizing a berm for the required screening of parking may place freestanding signs on the top of the berm; however, the sign's overall height may not exceed nine feet above the closest adjacent parking lot elevation.
d. Location. Freestanding signs shall be located ten feet from all property lines and at least 100 feet from any other freestanding sign (except across rights-of-way).
e. Exemptions. Signs identified in section 15.57.060(a) through (k), with the exception of items (f) and (k)(2), need not comply with the regulations as set forth in this chapter and are exempt insofar as requiring the issuance of a sign permit. However, gasoline pricing information signs as identified in item (a) must be affixed to a pump island canopy or the building itself.
(4) Landscaping:
a. In addition to the requirements in section 15.49.060, street trees (trees planted in the right-of-way) shall be provided along the 49th Street frontage at intervals of 40 feet.
b. All parking and loading areas shall be screened from 49th Street, and all outside storage shall be screened completely. Screening may consist of shrubs, berms, fences or other appropriate material.
(Ord. No. 66-87, § 1, 8-3-87)
15.43.084. River Greenway design review district.
(a) Legal description:
(1) Block 1, Spencer's Addition.
(2) Lots 1 through 6, Hazelville Addition.
(3) Tract 12 (except the north 400 feet), Brown Addition.
(4) The west 200 feet of lot H-2 in the northeast quarter of the southeast quarter of section 31-101-49.
(5) Tracts 22 and 23, Brown Addition.
(6) Lot 5, tract 3, Brown Addition.
(7) Tracts 1 and 2, Dakota Investment First Addition.
(8) Lot C, tract 5, Kelley's Tracts.
(9) Lot 8, Kelley's Subdivision.
(10) That portion of lots 1, 2 and 7, Kelley's Subdivision to the City of Sioux Falls, located in the southwest quarter of the southwest quarter of section 30, Township 101 north, Range 40 west, lying parallel with and 100 feet westerly of the west line of lot 8 of said Kelley's Subdivision, Minnehaha County, South Dakota.
(11) Tracts 1 and 2, Swenson's Subdivision.
(12) Tract 10, Al Rogness Addition.
(13) The south 250 feet of tract 11, Al Rogness Addition.
(14) Lots 1 through 6, block 6, Riverside Addition.
(15) Lots 1 through 4 and lots 13 through 16, block 10, Riverside Addition.
(16) Lots 1 through 4 and lots 13 through 16, block 9, Riverside Addition.
(17) Blocks 4, 5 and 9, Daniel's Addition.
(18) Tract 1 of blocks 6 and 9, Daniel's Addition.
(19) Tract 1 of block 5, Daniel's Addition.
(20) Tract 2 of block 5, Daniel's Addition.
(21) Lots 1, 2, 3, 5, 6, 7, 8, 9 and the north half of 10, Equitable Realty Company Subdivision of tract 1.
(22) Pitt's First Addition.
(23) Tracts 1 and 2, Robinson Addition.
(24) Lots 7 through 12, block 23, Syndicate Addition.
(25) Block 24, Syndicate Addition.
(26) Lots 10 through 12, block 21, Syndicate Addition.
(27) Lots 9 through 16, block 20, Syndicate Addition.
(28) Lots 1 through 16, block 19, Syndicate Addition.
(29) All of blocks 17 and 18, Syndicate Addition.
(30) Lots 1 through 4 and 21 through 24 in blocks 14, 15 and 16, Syndicate Addition.
(31) Vacated Bailey Street between blocks 11 and 14, Syndicate Addition.
(32) Blocks 1, 10 and 11, Syndicate Addition.
(33) The vacated street lying between blocks 10 and 11, Syndicate Addition.
(34) Tract 1 (except the east 450 feet), County Auditor's Subdivision in the west half of the northwest quarter of the southeast quarter of section 9-101-49 and the east half of the northeast quarter of the southwest quarter of section 9-101-49.
(35) That portion of the northeast quarter of section 11-101-49 lying north and west of the railroad tracks.
(36) Lot 1, County Auditor's Subdivision of tract 1 in the east half of the southwest quarter of section 9-101-49.
(37) Tracts 1 through 4 in the west half of the southwest quarter of the southeast quarter of section 9-101-49.
(38) Lots 7 through 9, block 55, Central Sioux Falls Addition.
(39) The west 70 feet of lots 3 and 5, tract 3, in the south half of the southwest quarter of the southeast quarter of section 9-101-49.
(40) The west 70 feet of lots 1 through 5, block 43; the west 70 feet of lots 1 through 9, block 44; the west 70 feet of vacated Second Street; the west 70 feet of lots 1 through 9, block 45; and the west 70 feet of lots 1 through 7 and of lots 10 through 18, block 39, all in Shaw's Sioux Falls Addition.
(41) Outlot no. 1, in the east half of the southeast quarter of the northwest quarter of section 16-101-49.
(42) Tract 16 and the west half of tract 32 of County Auditor's Subdivision in the northeast quarter of the southwest quarter of section 16-101-49.
(43) Lot 1, ICRR Co. Addition.
(44) Lots 1 through 3, Tuthill Subdivision.
(45) Tract 1, Wilson Subdivision.
(46) The south half of tract 6, and all of tracts 7, 9, and 18, County Auditor's Subdivision in the southeast quarter of section 16-101-49.
(47) Lots 1 and 5, tract 2, in the southwest quarter of the southeast quarter of section 16-101-49.
(48) Lot 2, tract 1, and south half of lot 2, tract 2, all in Franklin Investment Company Subdivision no. 1 of part of tract 2.
(49) The west 150 feet of the railroad ground in the northeast quarter of the southwest quarter of section 16-101-49.
(50) Surdez tract 1; and tract 2 in the southeast quarter of the northwest quarter of section 32-102-49.
(51) Hall's tract 1 in the southwest quarter of section 32-102-49.
(52) That portion of the northeast quarter of section 6-101-49 lying north and west of the dike except for the northwest quarter of the northeast quarter of section 6-101-49.
(53) That portion of the northwest quarter of the southeast quarter of section 6-101-49 lying north and west of the dike.
(54) That portion of the northwest quarter of the northwest quarter of section 5-101-49 lying north and west of the dike.
(55) The east half of Sweetman's Addition.
(56) The east half of Evergreen Addition.
(57) The north half of Old Quarry Addition.
(58) Block 89, Sioux Falls Improvement Company Addition.
(59) Tract 2, block 24, Harrison's Addition.
(60) The west half of lot 1 and all of lot 2, block 25, Harrison's Addition.
(61) The west half of tract 4, Thomas Jensen Subdivision.
(62) Lot 1, block 1, Heidebrink Addition.
(63) The west 150 feet of block 1, Penmor Addition.
(64) The west 150 feet of lot 1, block 4, Penmor Addition.
(65) Tracts 2C, 10 and 11 and the west 90 feet of tracts 2B and 2D, all in Naradel's Second Addition.
(66) Tract 1, Elmen's Second Addition.
(67) That portion of the unplatted land in the southeast quarter of the southeast quarter in section 13-101-49 lying west of the dike except the west 700 feet thereof.
(68) That portion of the unplatted land in the southwest quarter of the southwest quarter of section 18-101-49 lying west of the dike.
(69) Lots A and B, tract 1, Lackey's Subdivision.
(70) Lots C1, B2 and B3, tract 4, Knewel's Addition.
(71) The east half of lots 1 through 6, tract 5, Knewel's Addition.
(72) That portion of unplatted land in the northeast quarter of the northwest quarter of section 7-101-49 lying west of the dike.
(73) The northwest quarter of section 1-101-49 except that portion lying south and east of the railroad.
(74) The northwest quarter of the southwest quarter of section 1-101-49 lying north and west of the railroad.
(75) The east half of the southwest quarter of section 36-102-49.
(76) Tract 1 in the west half of the southeast quarter of section 36-102-49.
(77) The southeast quarter of section 2-101-49 except the portion lying south and east of the railroad and except for the northwest quarter of the southeast quarter of section 2-101-49.
(78) Tracts 3 and 4 in the east half of the northwest quarter of section 11-101-49.
(79) Lot A, tract 1, in the northwest quarter of section 11-101-49.
(80) Tract 1 in the northwest quarter of section 11-101-49.
(81) The northwest quarter of the northwest quarter of section 11-101-49.
(82) Lot A in the northeast quarter of the northeast quarter of section 10-101-49.
(83) Unplatted land in the southeast quarter of the northeast quarter of section 10-101-49.
(84) Unplatted land in the northeast quarter of the northeast quarter of section 10-101-49 lying north of the river.
(85) That portion of unplatted land in the northwest quarter of the southwest quarter of section 18-101-49 lying south and east of the dike.
(86) That portion of unplatted land in the southeast quarter of the northwest quarter of section 18-101-49 except for the east 950 feet thereof.
(87) The south half of the south half of the southwest quarter (except lot H2 south of the Big Sioux River), lying east of lot H1 highway in section 32-101-49. (Ord. No. 40-91, § 1, 5-6-91)
(88) Lot 3 High Pointe Addition. (Ord. No. 93-96, § 1, 9-3-96)
(b) Intent: The River Greenway Plan was adopted in 1975 to preserve and maintain the river as a natural resource for all of Sioux Falls residents to enjoy. It is the intent of this ordinance to protect the investment the city has made in the greenway system by making it more attractive and accessible to our residents. This can be accomplished in part by taking particular care in the development of parcels adjacent to the greenway and reviewing them to eliminate negative effects from development along the greenway.
(c) Standards:
(1) Separation:
a. A 25-foot landscaped setback will be required from the greenway for any structure and/or for any areas that would be hard surfaced other than a standard sidewalk.
b. Any loading areas, dumpster, heating or air conditioning equipment, utility meters or other similar features shall be placed on the site so as not to be visible from the greenway.
c. For each 40 feet of boundary that [a] parcel shares with the greenway, one tree shall be provided. The tree shall be of a variety appropriate to the area and when possible shall be of a species native to the original river bank; but in all cases, trees shall be 2 1/2-inch caliper of a species approved by the city forester. Said tree shall be planted in the area between the greenway and the structure in the arrangement shown on the approved landscaping plan. Where fractional trees result, the trees required shall be rounded to the nearest whole number.
(2) Landscaping:
a. All plant material must be of a species appropriate to the location as determined by the city forester.
b. The landscaped area required above shall be sod, seed or other approved living ground cover.
(3) Screening and fences:
a. Unscreened outdoor storage shall be prohibited; however, products for sale that are complete in and of themselves on the premises, and are not components of or accessories to other products, may be placed on the side of the parcel adjacent to the street in an orderly fashion for the purpose of display.
b. Any cyclone fences shall be required to have slats.
(4) Signs: Off-premises signs shall be prohibited on any parcel adjacent to the greenway so that they will not detract from the natural appearance of the area.
(5) Orientation: Structures constructed along the greenway shall be oriented to take advantage of the scenic nature of the greenway without detracting from it.
15.43.086. Russell Street and West Avenue design review district.
(a) Description: All property adjacent to the street right-of-way along Russell Street from Kiwanis Avenue to Minnesota Avenue and along West Avenue from Russell Street to Sixth Street.
(b) Intent: It is the intent of these regulations to preserve the unique visual character of this area by establishing special standards that provide uniformity for all signs which are located perpendicular to the street right-of-way along Russell Street and along West Avenue.
(c) On-premises sign standards: All freestanding signs which are perpendicular to the street right-of-way shall be as outlined below:
(1) Monument style: Sign area and height: The maximum size of any sign area shall be 48 square feet. The sign face shall not exceed a maximum vertical measurement of six feet above grade, and the bottom of the sign face shall not be more than one foot from the immediate ground level.
(2) Freestanding other than monument style:
a. Sign area and height: The maximum permitted sign area in height shall be as set forth in section 15.57.030 for the zoning district in which the property lies. The bottom of the sign face shall not be more than 12 feet above grade. Changeable copy signs with a maximum vertical dimension of four feet may be included as part of the total sign area.
b. Sign structure: The sign structure shall consist of two vertical posts and a metal framework across the top and sides of the sign. It shall be painted a dark color. The top and sides shall have a similar cross section of wide flange, square tube or channeling, but round tubing or piping shall be prohibited. The framework shall not exceed 12 inches in width and shall not be included as part of the permitted sign area.
(3) Setbacks: No sign shall be located closer than ten feet to any front property line.
(4) Miscellaneous signs: Pennants or banners which are not attached to the building wall, parasitic sign elements and portable signs shall be prohibited. No projections shall be allowed beyond the sign dimensions or framework.
(d) Other on-premises sign requirements: All other requirements of chapter 15.57 which are not in conflict with this section shall apply to on-premises signs. All on-premises signs which are parallel to the street right-of-way in this district shall comply with applicable requirements of chapter 15.57.
(e) Off-premises sign standards: The faces of all off-premises signs shall be parallel to the street right-of-way and in accordance with section 15.58.020.
15.43.087. Interstate 229 design review district.
(a) Boundaries: The district boundaries shall include properties within 650 feet of the Interstate 229 right-of-way centerline, extending from Interstate 29 at 85th Street to Interstate 90, except for the following zoning districts: RS-1, Residential District, RS-2, Residential District, RD, Residential District, and RC, Recreation Conservation District.
(b) Intent and purpose The Interstate 229 corridor includes a variety of residential, commercial and industrial land uses. In addition, several parks included in the Big Sioux River Greenway are adjacent to Interstate 229. The rolling topography provides a unique visual image and character to the city. This overlay district is intended to protect the aesthetic qualities of the Interstate 229 corridor.
The purpose of this overlay district is to encourage development which will provide an aesthetically pleasing appearance, and to promote construction of improvements utilizing attractive materials and good architectural, engineering, and planning standards.
(c) Approval of plans: Development of any property within the Interstate 229 design review district shall undergo a design review by the planning commission if the standards listed below are not met.
(d) Standards:
(1) Building orientation and setback:
a. Residential buildings shall be oriented away from the Interstate 229 right-of-way to minimize negative impacts of interstate traffic noise and lights.
b. All buildings shall have a minimum setback requirement of 50 feet from the Interstate 229 right-of-way. This subsection does not apply to the expansion of existing buildings.
(2) Parking and loading:
a. All parking and loading areas which are visible from the Interstate 229 right-of-way shall be hard surfaced and screened with an opaque wood fence, masonry wall or landscaped berms. All screening shall be in conformance with section 15.49.060 of the zoning ordinance.
b. Where topography will not provide for screening by a fence, wall, or berm, groupings of conifers shall be used to provide year-round screening.
(3) Landscaping:
a. In addition to the requirements in section 15.49.060, a 25-foot landscaped area with one tree per 40 feet of Interstate 229 frontage shall be provided along the Interstate 229 right-of-way. Such trees shall be grouped or regularly spaced along the Interstate 229 frontage.
b. All trees mandated by this ordinance shall be in accordance with the minimum size of required trees and shall be maintained in a growing condition.
(4) Signs:
a. On-premise signs, including freestanding and building signs shall be allowed in accordance with the underlying zoning requirements.
b. Off-premise signs shall be allowed in accordance with chapter 15.58, except that from Interstate 90 to Interstate 29, the total number of off-premise sign structures erected to be read primarily from the Interstate 229 right-of-way shall not exceed 21.
(5) Lighting:
a. All outdoor lighting shall be directed so as not to trespass onto adjoining properties and the Interstate 229 right-of-way.
b. Where a commercial or industrial district abuts a residential district, all parking lot lighting shall be shoebox style in conformance with Section 15.49.130 of the zoning ordinance.
(6) Building construction:
a. Any building wall which is visible from the Interstate 229 right-of-way shall have no less than 50 percent of its surface finished with face brick, stone, glass, concrete panels, exterior insulation/finish systems, wood siding or [the] equivalent; or shall be screened with landscaped berms and/or groupings of conifers to provide year-round screening. All exterior building surfaces shall be earth-tone in color. This subsection does not apply to the expansion of existing buildings.
b. Any metal roof which has a slope greater than 1:12 and is visible from the Interstate 229 right-of-way shall be a factory painted standing seam metal roof, or [the] equivalent. This subsection does not apply to the expansion of existing buildings.
(7) Outside storage and screening:
a. Any permitted outside storage which is visible from the Interstate 229 right-of-way shall be screened by means of an opaque wood fence, masonry wall or landscaped berms.
b. Where topography will not provide for screening by a fence, wall or berm, groupings of conifers shall be used to provide year-round screening.
(8) Other performance standards:
a. Because of the range of land uses permitted within the Interstate 229 corridor, other design standards may be considered for conditional use permits, major amendments, or final development plans.
b. Any additional standards shall be designed to eliminate or offset potential negative visual impacts resulting from development along the Interstate 229 corridor.
(Ord. No. 64-92, § 1, 8-27-92; Ord. No. 109-01, § 1, 12-3-01; Ord. No. 120-01, § 2, 12-10-01)
15.43.088. Water source protection overlay district.
(a) Description: The water source protection overlay district is an overlay district as shown on the water source protection overlay district map of the City of Sioux Falls. The official map shall be on file at the city clerk's office and the city planning and building services office. Upon annexation, any land that has been identified as a Minnehaha County water source protection overlay district shall continue consistent with 15.05.080.
(b) Intent: The City of Sioux Falls recognizes that the Big Sioux aquifer system, along with the Skunk Creek aquifer system, and associated drainage basins are its primary source of high-quality, potable drinking water and must be protected from leaks and spills or threatened leaks or spills of contaminants in such quantities as may result in adverse effects to water sources by establishing a comprehensive water source protection plan. Pursuant to the authority provided by South Dakota statute, and in the interest of securing the public health, safety and general welfare, the City of Sioux Falls desires to preserve the quality and quantity of the city's water resources and to ensure a safe and adequate water supply for present and future generations by preserving and protecting water resources currently in use and those having a potential for future use as a public water supply, while at the same time continuing to foster and promote reasonable and environmentally responsible economic growth.
The purpose of these regulations is to ensure the safety of the potable water supply for the City of Sioux Falls. This ordinance will establish procedures and criteria for reviewing and restricting land uses which have the potential to pollute water sources in designated water source protection zones.
(c) Water source protection overlay district use regulations: Any activity on, or use of any land which lies within the water source protection overlay district shall conform to the following regulations and procedures. The purpose of these regulations is to maintain the natural quality of the water resources and, to that end, to require the use of all available practical methods of preventing and controlling water pollution from sewage, industrial wastes and other contaminants.
(1) Activities and uses regulated:
a. Water source protection overlay districts:
Aquifer Protection Area
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b. All areas within the water source protection overlay district which are annexed to the city after the effective date of this ordinance shall be connected to the Sioux Falls sanitary sewer system at the time of development. If surface features or other conditions prohibit connection to the Sioux Falls sanitary sewer system, a closed waste system, such as a holding tank or a system just as effective, as determined by the city engineer or his/her authorized representative, shall be installed.
c. No use shall be allowed in any zone which involves the treatment, manufacture or disposal of hazardous materials or which utilizes a surface impoundment or an underground injection well.
(2) Review procedure; screening committee: Permits for new uses or changes in existing uses shall be required to meet all other city requirements including, but not limited to, requirements for underground storage tanks, sewer discharge permits and storage of contaminants or hazardous materials. These new uses or changes in use, as well as any new developments, or any changes from current uses which are within the water source protection overlay district will be reviewed by the screening committee, except for residential uses which are connected to the Sioux Falls sanitary sewer system.
This review by the screening committee shall involve an analysis of each proposal including, but not limited to:
a. Type of new or changed use, development or operation;
b. The quality, quantity, concentration, physical, chemical or infectious characteristics of contaminants or hazardous material;
c. Storage or use of contaminants or hazardous materials;
d. Leak or spill prevention methods;
e. Contingency plans;
f. The adverse effects of contaminants or hazardous materials, including the probability that any leak or spill would contaminate groundwater;
g. Compliance with other city, state or federal regulations.
The purpose of this review shall be to determine if any new development or any change in a new or existing use in the water source protection overlay district should be exempted from further review by the environmental impact committee.
The screening committee shall also have the power to recommend to the planning commission denial of any proposed uses or developments which it finds to have the potential to pollute water sources in the overlay district.
All decisions shall be made based upon consideration of the factors outlined above, and the affected party shall submit all information as required by the screening committee. Any decision by the screening committee to not refer a proposed use to the environmental impact committee must be unanimous. Decisions by the screening committee shall be made within seven working days of referral of the proposed use to the committee, unless the committee votes to extend the decision deadline an additional seven days.
(3) Review procedures; environmental impact committee: The environmental impact committee shall review all proposed uses within the water source protection overlay district not exempted by the screening committee.
This review by the environmental impact committee shall involve an analysis of each new or changed use including, but not limited to:
a. Type of new or changed use, development or operation;
b. The quality, quantity, concentration, physical, chemical or infectious characteristics of contaminants or hazardous materials;
c. Storage or use of contaminants or hazardous materials;
d. Leak or spill prevention methods;
e. Contingency plans;
f. The adverse effects of contaminants or hazardous materials, including the probability that any leak or spill would contaminate groundwater;
g. Compliance with other city, state or federal regulations.
This review process shall determine if a conditional use permit is required for any use in the overlay district and if any proposed requirements, with respect to conditional use permits, shall be recommended to the planning commission. However, a conditional use permit, as required by the underlying zoning district, may not be exempted by the environmental impact committee.
The committee shall select a chairperson who shall vote only in cases of a tie vote among the other members or when his/her vote is necessary to achieve a quorum. Four committee members constitute a quorum, and a quorum shall be required to decide matters brought before it.
The environmental impact committee shall review and make decisions on matters after it is received by the committee chairperson. A decision shall be made within 30 days after receipt of the completed questionnaire, completed requested documentation, and other supporting information as supplemented. If after receiving the completed information, it is not possible for the decision to be made within 30 days, the committee may extend the decision deadline 14 days. The committee shall advise the affected party of the extension and reasons therefor. Determination by the committee that a conditional use permit is required may be appealed as provided under appendix B, chapter 15.63 of the Revised Ordinances of Sioux Falls.
15.43.089 Environmental land use control overlay district.
(a) Description: The environmental land use control overlay district is an overlay district as shown on the environmental land use control overlay district map of the city of Sioux Falls. The official map shall be on file at the city clerk's office and the city planning and building services office.
(b) Intent: The city of Sioux Falls recognizes that numerous environmental constraints exist in geographic areas within and near the city of Sioux Falls. Based upon an evaluation of environmental factors and physical characteristics of the city of Sioux Falls and outlying areas, it was determined that all future development be environmentally compatible. The city of Sioux Falls desires to lessen the environmental impacts of future development in areas that are prone to environmental issues, specifically due to past uses and knowledge of the property.
The environmental land use control overlay district ordinance shall identify sites that need legal regulations to ensure protection of human health and the environment against exposure to contaminated soil, groundwater, or both that may be present on property as a result of historical uses.
The purpose of these regulations is to ensure the safety of any future redevelopment on a known environmentally impacted site. This ordinance will establish procedures and criteria for reviewing and restricting land uses which have the potential to pose a risk from a contaminated site.
(c) Environmental land use control (overlay district regulations): Overlay district regulations are non-engineered, administrative, and/or legal controls that minimize the potential for human exposure to environmental chemicals of concern by limiting land or groundwater use. Any activity on, or use of, any land which lies within the environmental land use overlay district shall conform to all or some of the selected regulations that are listed by site in section (c) of this ordinance as shall be determined by the environmental impact committee.
(1) A notice that elevated concentrations of lead or other contaminants may remain on this property will be placed on each property deed by an environmental covenant as they are platted. Covenants must conform and comply with the Uniform Environmental Covenants Act of SDCL 34A-17.
(2) Property will be zoned for RC - Recreation Conservat