The intent of this chapter is to establish specific standards for new construction, new uses, or substantial improvements of buildings or developments within the City of Belle Fourche. These standards address a number of issues including, but not limited to, the relationship between new development and adjacent properties, pedestrian access, vehicular access, neighborhood character, and open space in order to develop a safe, attractive, and efficient community.

(Ord. 7-2015, 2-3-2016)

The ground floor active use standards reinforce the historic nature of the Central Commercial District. Buildings must provide active uses along at least fifty (50) percent of the ground floor that fronts onto a sidewalk. Active uses include, but are not limited to: lobbies, retail, commercial, and office uses. The street-facing building façade must include windows and doors. Active uses do not include residential dwelling units.

(Ord. 7-2015, 2-3-2016)

A manufactured home on an individual lot, outside of a manufactured home park, shall comply with the standards listed below.

A.

Manufactured homes on individual lots in the Manufactured Home Residential District.

1.

Placement. The manufactured home shall be affixed to the lot by means of a permanent foundation with footings, foundation, or basement structure, and all plumbing, mechanical, and electrical systems meeting the current building codes adopted by the City of Belle Fourche;

2.

Age. The manufactured home shall be manufactured within the ten (10) years immediately preceding the date on which it is affixed to the residential lot; and,

3.

Dimensions. The manufactured home shall have a minimum width and length of twenty-four (24) feet.

B.

Manufactured homes on individual lots in the Small-Lot Single-Family Residential District. Manufactured homes on individual lots in the Small-Lot Single-Family Residential District shall apply for a conditional use permit.

(Ord. 7-2015, 2-3-2016)

A.

Permit Required. A building permit shall be required for each manufactured home moved into and out of a manufactured home park.

B.

Development standards. Table 16.1 sets forth the development standards for manufactured home parks.

Table 16.1. Development standards for manufactured home parks

C.

Age. The manufactured home shall be manufactured within the twenty (20) years immediately preceding the date on which it is affixed to the manufactured home space. Any manufactured home that does not meet this age requirement is prohibited.

D.

Securing and skirting. All manufactured homes and accessory structures shall be securely anchored to the ground in a method approved by the Building Official. Manufactured homes, once in their permanent location upon the manufactured home space, shall be fully skirted within forty-five (45) days.

E.

Vehicular access. Safe and convenient vehicular access shall be provided from the abutting public streets. The streets within the manufactured home park shall provide convenient access to each manufactured home space and other facilities on the development site. Vehicular access shall meet the following requirements: closed ends of dead-end streets shall be provided with an emergency vehicle turning area approved by the City of Belle Fourche; and, the manufactured home park shall be provided with two (2) entrances for emergency access.

F.

Streets. Streets shall be constructed and maintained in accordance with the City of Belle Fourche Design Criteria.

G.

Common open space. At least four hundred (400) square feet per dwelling unit, excluding dedicated rights-of-way and required setbacks shall be common open space. Private balconies, patios, parking areas, driveways, outdoor storage areas, and indoor recreation or common areas shall not be included in the calculation of open space. Common open space may be configured to be contiguous or dispersed throughout the site as long as each space is at least twenty (20) by twenty (20) feet. Common open space shall be maintained per approved plans.

H.

Utilities. All manufactured home dwellings shall be served by underground utilities in accordance with City requirements.

I.

Pedestrian access. Sidewalks shall be provided as per the City of Belle Fourche Design Criteria.

J.

Lighting. Lighting shall be provided as per the City of Belle Fourche Design Criteria.

K.

Storm water. Prior to the issuance of a conditional use permit, a storm water plan must be submitted to, and approved by the City of Belle Fourche.

L.

Addresses. Each manufactured home shall have an address number affixed to the home and clearly visible from the street.

M.

Waste container placement. Waste containers serving manufactured home parks shall not be located between the manufactured home park and a public street. Waste containers shall be screened on three (3) sides by a solid wall or fence at least six (6) feet in height.

N.

Non-conforming manufactured home parks. To ensure reasonable opportunity for continued use of manufactured home parks existing prior to the adoption of this ordinance, and therefore, not in compliance with all or some of the development standards required in this section, the parks shall be considered legal non-conforming uses. The following minimum standards shall apply to the placement or relocation of individual manufactured homes and recreational vehicles within non-conforming manufactured home parks:

1.

The placement or relocation of individual manufactured homes in non-conforming manufactured home parks shall be subject to the minimum fire safety separation standards adopted by the City of Belle Fourche.

2.

All manufactured homes and accessory structures shall be securely anchored to the ground in a method approved by the Building Official. Manufactured homes, once in their permanent location upon the manufactured home space, shall be fully skirted within forty-five (45) days.

3.

All manufactured home dwellings shall be served by underground utilities in accordance with City requirements.

4.

The manufactured home dwellings must be built to HUD Code, or meet the City of Belle Fourche's Mobile Home Standards.

5.

Each manufactured home shall have an address number affixed to the home and clearly visible from the street.

6.

Recreational vehicles shall be allowed in a non-conforming manufactured home park under the following circumstances: a recreational vehicle may be relocated on an individual manufactured home space that is occupied by a similar unit at the time of adoption of the nonconforming standards; and, the placement of the recreational vehicle complies with the minimum fire safety separation standards adopted by the City of Belle Fourche.

7.

The non-conforming manufactured home park boundaries shall not be expanded nor shall any additional manufactured home spaces be created as a result of these provisions. Any expansion shall meet all provisions of 17.16.030A-M.

(Ord. 7-2015, 2-3-2016)

A.

Development standards. Table 16.2 sets forth the development standards for single-family attached dwellings.

Table 16.2. Development standards for single-family attached dwellings

B.

Open space requirements. At least four hundred (400) square feet per dwelling unit, excluding dedicated right-of-ways and required setbacks shall be open space. Parking areas and driveways, outdoor storage areas, and indoor recreation or common areas shall not be included in the calculation of open space. Open space may be contiguous or dispersed throughout the site as long as each space is at least twenty (20) feet by twenty (20) feet.

(Ord. 7-2015, 2-3-2016)

A.

Common open space. At least four hundred (400) square feet per dwelling unit, excluding dedicated right-of-ways and required setbacks shall be common open space. Private balconies, patios, parking areas, driveways, outdoor storage areas, and indoor recreation or common areas shall not be included in the calculation of open space. Common open space may be configured to be contiguous or dispersed throughout the site as long as each space is at least twenty (20) feet by twenty (20) feet. Common open space shall be maintained per approved plans.

B.

Waste container placement. Waste containers serving multi-family dwellings shall not be located between the building and any public street. Waste containers shall be screened on three (3) sides by a solid wall or fence at least six (6) feet in height.

(Ord. 7-2015, 2-3-2016)

No sexually-oriented business may be located within one-quarter mile of a: religious institution; school; residence; Residential District; Central Commercial District; public park or recreation facility; or, sexually-oriented business.

(Ord. 7-2015, 2-3-2016)

Shall meet all requirements in Chapter 5.36 and shall be licensed with the City of Belle Fourche and State of South Dakota.

(Ord. 7-2015, 2-3-2016)

A.

Area. Any new cemetery shall be located on a site containing not less than twenty (20) acres of land.

B.

Vehicular access. The cemetery shall not interfere with the development of the street system in the vicinity of the site and shall have direct access to a collector class street or higher.

C.

Setbacks. All structures, including; but not limited to, mausoleums, permanent monuments, or maintenance buildings, as well as grave sites, shall be set back not less than twenty-five (25) feet from any property line.

(Ord. 7-2015, 2-3-2016)

A.

Required setbacks. A minimum setback of one and one-half (1.5) times the height of the wind energy conversion system shall be maintained between the wind energy conversion system and any property line, overhead utility line, or other tower support base. Height shall be measured from the ground to the rotor hub.

B.

Minimum lot size. In no event shall a wind energy conversion system be installed on a lot less than one acre in size.

C.

Tower height. There shall be not less than twenty-five (25) feet between the lowest arc of the rotors of a wind energy conversion system and the ground, and portion of a structure, or any tree. Wind energy conversion systems shall comply with the following requirements in Table 16.3 with respect to height and location. Height shall be measured from the ground to the rotor hub.

Table 16.3. Tower height requirements for wind energy conversion systems

D.

Rotor size/operation. The City shall have the discretion to limit the size of rotors permitted on a wind energy conversion system. The maximum size of the rotors of a wind energy conversion system shall be reviewed upon application for a conditional use permit. In determining the appropriate size for the rotors, the City shall consider such factors as noise, proximity to surrounding residences, safety, and aesthetic issues. All systems shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.

E.

Noise. No wind energy conversion system shall produce more than sixty (60) decibels of sound measured at the closest point on the closest property line from the base of the system. Information from the manufacturer of the wind energy conversion system shall be submitted with the application for a conditional use permit that ensures that this requirement can be met once the system is operational.

F.

Electromagnetic interference. No wind energy conversion system shall produce electromagnetic interference so as to disrupt transmission such as those from radio, television, or microwave towers. At the time of applying for the conditional use permit, the petitioner must submit information from the manufacturer indicating that, once operational, the wind energy conversion system will not adversely affect transmissions. If necessary, generators and alternators shall be filtered, shielded, or both so as to prevent the emission of radio and television signals.

G.

Tower access. Appropriate safety measures must be undertaken to discourage unauthorized climbing of a wind energy conversion system tower. Appropriate measures shall include one of the following:

1.

The construction of a six (6) foot-tall chain link fence with a locking gate around the tower;

2.

The tower shall be constructed so that the lowest climbing access shall be at least twelve (12) feet above the ground; or

3.

A locked anti-climb device shall be installed on the tower.

H.

Warning information. Information related to the maximum power output, nominal voltage and maximum current, and emergency shutdown procedures for the wind energy conversion system shall be posted near the base of the tower in a visible location.

I.

Lighting. Unless required by a more restrictive federal or state regulation, no lighting shall be installed on a wind energy conversion system.

J.

Tower design. In reviewing the conditional use permit application, the City shall consider the design and color of the tower to ensure that no significant adverse impacts to neighboring property owners, including, but not limited to, infringement or interference with natural and urban view sheds, historic property, major community entryways, parks, schools, churches, playgrounds, or similar public and recreation uses.

K.

Manufacturer warranty/maintenance information The applicant shall submit a manufacturer's statement documenting that the system has been successfully and safely operated in atmospheric conditions that are similar to the conditions in Belle Fourche. The applicant shall provide a copy of the manufacturer's warranty indicating that the system is warranted against any system failures reasonably expected during severe weather conditions, system specifications including maximum power output, and a maintenance schedule for the system.

L.

Construction standards. Any wind energy conversion system shall be constructed in accordance with all applicable life safety, building, and fire codes. The applicant shall submit plans and specifications that are stamped by a registered engineer. In no event shall a wind energy conversion system be mounted to the roof system of any structure.

M.

Lightning protection. Any wind energy conversion system shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters, and deep earth grounding.

N.

Utility interconnections. Any interconnection between a wind energy conversion system and an electric utility company shall be allowed only in accordance with all local, state, and federal regulations including regulations issued by the Public Utilities Commission and Federal Aviation Administration, as well as standards of the applicable electric utility company.

O.

Abandonment/removal. Any wind energy conversion system that has not been regularly used for a period of six (6) months shall be declared abandoned. Upon abandonment of the system, the City may revoke the use permit and the system shall be removed at the expense of the property owner. The City may determine that the wind energy conversion system has been abandoned if the following criteria apply:

1.

The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced at least twenty-five (25) percent of the power output as stated in the system specifications over the past six (6) months;

2.

The wind energy conversion system has fallen into obvious disrepair;

3.

The wind energy conversion system is in violation of a local, state, or federal law and the owner of the system has not taken appropriate actions to remedy the problem.

(Ord. 7-2015, 2-3-2016)

A.

Exemptions. The following are exempt from the municipal ordinance regulating wireless telecommunication facilities:

1.

Ordinary maintenance of existing wireless telecommunication facility and support structures.

2.

Antennas used by residential household solely for broadcast radio and television reception.

3.

Satellite antennas used solely for residential or household purposes.

4.

Carrier on Wheels (COW) placed for a period of not more than one hundred and twenty (120) days at any location within the City after a declaration of an emergency or disaster by the Governor or by the responsible local official.

B.

Wireless telecommunication facilities located on existing structures.

1.

Antennas and accessory equipment may be located on any existing structure, including, but not limited to, buildings, water tanks, utility poles, broadcast towers or any existing support structure in accordance with the requirements of this section.

2.

No wireless telecommunication facility shall be located within thirty (30) inches of any space occupied by or available to the public.

3.

Antennas and accessory equipment may exceed the maximum building height limitations of the zoning district; however, the height of the wireless telecommunication facility shall not extend higher than twelve (12) feet over the height of the building or structure.

4.

Each antenna mounted on existing structures and any accessory equipment shall be of a color that is identical or similar to that of the supporting structure.

C.

New support structures.

1.

Monopoles or replacement poles that will support utility lines as well as a telecommunication facility within utility easements or right-of-ways, must meet the following requirements:

a.

The utility easement or right-of-way shall be a minimum of one hundred (100) feet in width.

b.

Overhead utility transmission and/or distribution structures must be eighty (80) feet or greater in height.

c.

The height of the monopole or replacement pole may not exceed by more than thirty (30) feet of the height of the existing utility support structures.

d.

Monopoles and the accessory equipment associated therewith shall be set back a minimum of fifteen (15) feet from all boundaries of the easement or right-of-way.

e.

Poles that use the structure of a utility tower for support are permitted. Such poles may extend up to twenty (20) feet above the height of the utility tower.

f.

Monopoles or replacement poles located on public property or within public rights-of-way that will support public facilities or equipment in addition to telecommunication facilities shall be permitted. Examples include, but are not limited to, public communication facilities, athletic field lights, traffic lights, street lights, and other types of utility poles in the public right-of-way.

D.

Design and Aesthetics.

1.

Monopoles and Towers.

a.

Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the Common Council, monopoles and towers shall have a galvanized silver or gray finish.

2.

Telecommunication facilities or support structures shall not be lighted or marked unless required by the Federal Communications Commission or the Federal Aviation Administration.

3.

Signs located at the telecommunication facility shall be limited to ownership and contact information, Federal Communications Commission antenna registration number, and any other information required by government regulation. Commercial advertising is strictly prohibited.

E.

Setbacks.

1.

Unless otherwise stated herein, monopoles and towers shall be setback from all property lines a distance equal to their height measured from the base of the structure to its highest point. Other support structures shall be governed by the setbacks required by the underlying zoning district.

2.

There shall be no setback requirements from dwellings or other structures located on the same lot as the proposed structure.

3.

Unless otherwise stated herein, all accessory equipment shall be setback from all property lines in accordance with the minimum setback requirements of the underlying zoning district.

F.

Height. Any proposed support structure shall be designed to be the minimum height needed to meet the service objectives and shall meet all applicable state and federal regulations.

G.

Accessory equipment. An equipment building, shelter, or cabinet shall not exceed five hundred sixty (560) square feet and twelve (12) feet in height.

H.

Safety. Ground-mounted accessory equipment and support structures shall be secured and enclosed with a fence not less than six (6) feet in height; the tower shall be constructed so that the lowest climbing access shall be at least twelve (12) feet above the ground; or, a locked anti-climb device shall be installed on the tower.

I.

Construction standards. Wireless telecommunication facilities shall be constructed in accordance with all applicable life safety, building, and fire codes. The applicant shall submit plans and specifications that are stamped by a registered engineer.

J.

Abandonment and removal. Any wireless telecommunications facility that is not operated for a period of twelve (12) consecutive months shall be considered abandoned. The Common Council may issue a Notice of Abandonment to the owner of the wireless telecommunication facility that it is deemed abandoned. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from the Notice of Abandonment receipt date. The Common Council shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the wireless telecommunication facility has not been abandoned. If the wireless telecommunication facility is determined to be abandoned, the owner of the system shall remove the facility at the owner's sole expense within three (3) months of the receipt of the Notice of Abandonment. If the owner fails to remove the facility, the Common Council may pursue legal action to have the facility removed at the owner's expense.

(Ord. 7-2015, 2-3-2016)

A.

Setbacks. There shall be a building setback from all property lines a distance of not less than forty (40) feet. Vehicle service stations and gasoline pumps must be set back at least fifty (50) feet from any Residential District.

B.

Driveways. The minimum distance between the intersection of property lines at a corner lot and the driveway to the vehicle service and repair establishment shall not be less than forty (40) feet.

C.

Curbs. A raised curb, design per City standards, shall be constructed at all street property lines, except at driveway openings. The length of the curb openings shall not exceed thirty (30) feet. When two (2) curb opening are providing access to a single street, they shall be separated by an island with a minimum dimension of twenty-five (25) feet at both the edge of the pavement and the right-of-way line. Curb cuts for driveways shall not be located closer than ten (10) feet to any adjoining property line.

D.

Screening. A six (6) foot-tall masonry wall or solid fence shall be constructed when a vehicle service and repair establishment lot line abuts a Residential District property line.

(Ord. 7-2015, 2-3-2016)

The self-service storage standards are intended to allow this use in areas that are close to the residential and commercial uses that it serves, while at the same time preventing large sections of commercial streets from being developed with a use that has low activity levels and detracts from the vitality of the area.

A.

Outdoor storage screening. Within Commercial Districts, all goods and property stored outside of a building shall be screened by a six (6) foot-tall masonry wall or solid fence

B.

Self-service storage facilities located on an arterial street. Any self-service storage facility with frontage on an arterial street must be located behind a retail business.

(Ord. 7-2015, 2-3-2016)

The intent of the home occupation regulations is to protect neighboring properties from potential adverse impacts of commercial activities within residential dwellings. The home occupation regulations recognize that many types of jobs can be done in a home with little or no effects on the surrounding area. A home occupation shall comply with the following regulations:

A.

Site Standards.

1.

All commercial activities must occur in completely enclosed structures.

2.

Exterior storage or display of goods or equipment is prohibited.

3.

The residential dwelling and site must remain residential in appearance and characteristics.

4.

Signage must conform to the Belle Fourche Sign Ordinance.

B.

Impact Standards.

1.

Hazardous substances are prohibited, except those intended for household use.

2.

No mechanical equipment, other than that ordinarily used within a dwelling unit for household or hobby purposes shall be permissible.

3.

There shall not be any offensive noise, smoke, dust, or heat noticeable beyond the premises.

4.

There shall not be any outside employees that work on the premises.

5.

There shall not be excessive vehicular or pedestrian traffic to the premises. Public access to the home occupation shall be by invitation only and there shall not be more than one customer or client vehicle on or adjacent to the property at the same time. The home occupation shall not generate more than six (6) visits per day from clients or customers and shall be restricted to the hours of 6:00 a.m. to 9:00 p.m.

6.

Truck deliveries or pick-ups of supplies or products associated with the home occupation are allowed between the hours of 8:00 a.m. and 5:00 p.m.

C.

Non-conforming home occupation as a conditional use. If the site and impact standards cannot be met, the home occupation becomes a non-conforming home occupation and must be approved through the conditional use permit process.

D.

Prohibited home occupations. The following home occupations are prohibited:

1.

Meat processing and packaging for sale or distribution;

2.

Home occupations by a lessee/renter without written consent of the property owner;

3.

Kennels or pet boarding;

4.

Manufacture or processing of goods, materials, or objects, except dressmaking, arts, and handicrafts where goods are not manufactured or processed as stock for sale or distribution;

5.

Warehousing of commercial cleaners;

6.

Sales and repair of motorized vehicles;

7.

Sales of firearms, explosives, or other weapons that require a state or federal license to provide such services; and

8.

Tattoo or body piercing parlors.

(Ord. 7-2015, 2-3-2016)

The drive-through facilities regulations are intended to reduce potential negative impacts of these facilities on abutting uses; promote safe and efficient on-site vehicle and pedestrian circulation; and, reduce conflicts between queued vehicles and adjacent streets. These regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing drive-through facility.

A.

Stacking lanes and service area descriptions. The stacking lane is the space occupied by vehicles queuing for the service to be provided. The service area is where the service occurs, such as the service window, gas pump, or the area within the building, such as a car wash, where the service occurs.

B.

Setbacks. Service areas and stacking lanes must be set back at least fifty (50) feet from all property lines that abut Residential Districts.

C.

Vehicular access. All driveway entrances, including stacking lane entrances, must be at least fifty (50) feet from an intersection.

D.

Stacking lane standards.

1.

Gasoline pumps. A minimum of thirty (30) feet of stacking lane is required between the property line and the nearest gasoline pump.

2.

Banks, Kiosks, ATMs and pharmacies. A minimum of eighty (80) feet of stacking lane is required. A stacking lane is measured from the property line to the service area.

3.

Other drive-through facilities. A minimum of one hundred fifty (150) feet of stacking lane or eighty (80) feet per lane when there is more than one stacking lane is required for all other drive-through facilities. A stacking lane is measured from the property line to the service area.

4.

Stacking lane design and layout. Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.

5.

Stacking lanes identified. All stacking lanes must be clearly identified through the use of striping and signage.

(Ord. 7-2015, 2-3-2016)

Wineries, breweries and distilleries that are permitted as a conditional use in Commercial Districts and must meet the following development standards:

1.

Facility size. The total size of the production facility cannot exceed five thousand (5,000) square feet in area; and

2.

Tasting room. A tasting room for on-site sampling of the product being produced at the facility must be present and open to the public.

(Ord. 7-2015, 2-3-2016)

The purpose of the recreational vehicle park regulations is to provide adequate sites for temporary parking of recreational vehicles whose occupants are visiting or passing through Belle Fourche; minimize potential adverse impacts between a recreational vehicle park and surrounding land uses; and, provide health and safety standards to protect both the users of the park and the community.

1.

Occupancy. The occupancy of each recreational vehicle site is limited to one (1) recreational vehicle and one (1) automobile or truck. The length of stay is limited to a maximum of one hundred eighty (180) days in any twelve (12) month period. No buildings, decks, or storage sheds are permitted on the recreational vehicle site.

2.

Department of Health. The recreational vehicle park shall meet all requirements of the State of South Dakota Department of Health.

3.

Site Standards.

a.

All recreational vehicles, recreational vehicle sites, office buildings, or service buildings shall be set back from all property lines a minimum of twenty-five (25) feet.

b.

A minimum of ten (10) feet of spacing shall be maintained between recreational vehicles.

c.

The minimum size of any recreational vehicle site shall be one thousand seven hundred fifty (1,750) square feet. There shall be no more than twenty-five (25) recreational vehicle sites per acre.

d.

Each recreational vehicle site shall include a parking space for one (1) vehicle.

e.

Each recreational vehicle site shall have direct access to a driveway.

f.

One (1) refuse collection station shall be provided, with a minimum of one (1) dumpster for each twenty-five (25) recreational vehicle sites in the park.

g.

Interior driveways must meet the requirements of the City of Belle Fourche Design Criteria.

4.

Application for Occupancy Duration Extension. The Common Council may, in accordance with applicable laws and regulations and upon written application by the occupant of a site at a recreational vehicle park, authorize an extension to the occupancy duration restriction found in this section for a period of up to one hundred eighty (180) days. An application for an extension to the occupancy duration restrictions shall include:

a.

The reason the extension is necessary;

b.

The address of the Recreational Vehicle Campground and occupants' site at said campground;

c.

Certification as to whether the site for the requested extension is subject to Belle Fourche Ordinance 17.72.020;

d.

A list identifying all occupants of the site since applicant began to occupy said site;

e.

A list identifying all occupants anticipated to occupy said site during the requested extension;

f.

Signature by the owner of the Recreational Vehicle Park acknowledging the application and recommending the extension be granted;

The application shall be made in sufficient time prior to a regular City Council meeting to allow time for publication of required notices in the official newspaper.

5.

Public Hearing Requirement. Upon receipt of an application and fee, the Common Council shall hold a public hearing, having first given ten (10) days notice. One (1) notice of the time and place of such hearing shall be published in the official newspaper of the City. In addition, a sign noting the fact that an application is pending shall be posted on the site not less than ten (10) days before the public hearing. The sign shall be maintained on the site until the Common Council has taken action on the request or the application is withdrawn. Approved signs shall be secured from the Engineering Department which shall require a reasonable deposit sufficient to cover the cost of replacement of such sign or signs and which shall determine the number and location of the sign or signs to be posted on the site addressed in the application. At least ten (10) days prior to the public hearing, one (1) notice of the time and place of such hearing shall be published in the official newspaper of the City.

6.

Criteria for Duration Extension. When considering whether to extend the occupancy duration restriction found in this section, the Common Council shall, after public hearing, consider the following factors:

a.

The current housing market in and around the City of Belle Fourche;

b.

The reason the occupant desires an extension;

c.

Occupants' past and current violation(s) of City Ordinance, State, and Federal laws;

d.

The Recreational Vehicle Park owners' past and current violation(s) of City Ordinance, State, and Federal laws;

e.

Past, present, and anticipated future impacts on law enforcement and emergency medical services;

f.

Past, present, and anticipated future impacts on City provided services such as water and sewer;

g.

Whether granting the extension is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the Belle Fourche Comprehensive Plan;

h.

Prior grants of extensions to said applicant and other occupants; and

i.

Any other factors the Common Council deems relevant. However, the Common Council has no authority to authorize such an extension for geographic areas subject to Belle Fourche Ordinance 17.72.20(5) and any other State or Federal law placing timing restrictions on recreational vehicle park occupancy.

(Ord. 7-2015, 2-3-2016; Ord. No. 16-2023, 11-6-2023)

The regulations set out in this section shall apply to swimming pools.

A.

Private Swimming Pools. A private swimming pool shall be any pool or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1½) feet. Private swimming pools are allowed in any Residential District provided:

1.

The pool is intended and is to be used solely for enjoyment of the occupants of the property on which it is located and their guests.

2.

No swimming pool or part thereof, excluding aprons, walks and equipment rooms, shall protrude into any required front or side yard.

3.

The swimming pool area shall be walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties or the private swimming pool shall be equipped with an ASTM International (American Society for Testing and Materials) tested lockable cover. The fence shall be not less than four (4) feet in height and maintained in good condition.

B.

Community or Club Swimming Pools. A community or club swimming pool not open to the public shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools shall comply with the following conditions and requirements:

1.

The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

2.

The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than fifty (50) feet to any property line of the property on which located.

3.

The swimming pool and all of the areas used by the bathers shall be walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall be not less than five (5) feet in height and maintained in good condition. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees, and maintained in good condition.

(Ord. 7-2015, 2-3-2016; Ord. No. 8-2023, 8-21-2023)

The screening standards address specific unsightly features that detract from the appearance of commercial areas.

A.

Garbage collection areas. All exterior garbage cans and garbage collection areas, except those located in and accessed from an alley, must be screened from the street and any adjacent properties. Garbage collection areas shall be screened on three (3) sides by a solid wall or fence at least six (6) feet in height.

B.

Mechanical equipment. Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators must be screened from the street and any abutting Residential Districts by walls, fences, or vegetation that is tall enough to screen the equipment.

The purpose of the accessory dwelling unit (ADU) standards is to allow an independent and affordable housing option for a tenant within a secondary dwelling, either within the primary dwelling, or as a freestanding structure on the same lot. A lot may have no more than one ADU.

A.

Occupancy. The owner of the property must occupy either the primary unit, or the ADU as a permanent and main residence for at least six (6) months of each calendar year.

B.

Size of accessory dwelling unit. The finished area of the ADU shall be no larger than seventy-five (75) percent of the total ground floor area of the primary unit.

C.

Entrance location. Only one entrance shall be located on a façade that faces a street. If an existing building has more than one street facing entrance, prior to the development of the ADU, then each unit can have a street facing entrance.

(Ord. 7-2015, 2-3-2016)

A.

Location. The location of any automobile wrecking or junkyard facility shall be no closer than three hundred (300) feet from any Residential District.

B.

Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed eight (8) foot-tall solid fence or wall, except for driveway areas. Storage between the street and such fence or wall is prohibited. Any fence or wall erected for screening purposes shall be within the buildable lot area and shall be maintained in good condition.

(Ord. 7-2015, 2-3-2016)

A building permit application for recreational fads, including trampoline centers, kart tracks, drive-in theaters, and similar recreational activities, and not specifically covered by these regulations, shall be reviewed by the Planning and Zoning Commission and the governing body.

(Ord. 7-2015, 2-3-2016)

A.

Size and dimensions. The structure may not exceed one hundred fifty (150) square feet in area and twelve (12) feet in height and shall be moveable having skids or wheels.

B.

Location. The kiosk shall not block, impede or hinder the flow of traffic, block fire lanes by either the structure or patrons, or cause congestion on or near any lot access approaches. The kiosk shall be located on a paved surface. The structure shall not be placed closer than ten (10) feet from the front property line and five (5) feet from a side or rear property line. The structure shall not be placed in the right-of-way of any street.

(Ord. 7-2015, 2-3-2016)