1. For the purpose of promoting the public health, safety, morals, convenience and the general welfare of the community, the City of Box Elder, South Dakota is divided into districts, each being of such number, shape, kind, area, common unity of purpose and adaptability of use that are deemed most suitable to carry out the purpose of this article.
2. The City’s adopted zoning districts are as follows:
   
   

   Name of Zoning District	District Code
   Agricultural district	AG
   Park land	PK
   Public land	PUB
   Low density residential	R-1
   Moderate density residential	R-2
   Multi-family Residential	R-3
   High Density Residential	R-4
   Light general commercial	GC
   Highway service	HS
   General light industrial	GLID
   Heavy industrial	HID
   Open space or floodway district	OS-1
   Planned development	PD
   Mixed use district	MU
   Rural Residential	RR
   Neighborhood Commercial	NC
   Commercial Flex	C-FX
   Air installation compatible use overlay zone	AICUZ

3. The City Council may adopt overlay districts to encompass one or more zoning districts or parcels of property to impose additional regulations to be taken into account during the land development process for land subject to a natural or manmade hazard or other development restraint. Each overlay district shall be named, its reason for creation stated, its boundaries defined, its regulations specified and be adopted as a zoning amendment.
4. The location and boundaries of the zoning districts established by this chapter are denoted and defined as shown on the most current version of the City’s official zoning map.
5. The City’s official zoning map shall be kept and maintained by the City’s Planning Office and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.

(Ord. No. 560, § 153.097, 4-5-2016)

Where uncertainty exists with respect to the precise location of any of the zoning district boundary shown on the zoning map, the following rules shall apply:

1. Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the centerlines of such streets, highways, or alleys.
2. Boundaries shown as following or approximately following platted lot lines or other property lines shall be construed to follow such property lines.
3. Boundaries shown as following or approximately following railroad lines shall be construed to follow the midline between the rails of such railroad lines.
4. Boundaries shown as following or approximately following the centerlines of streams, rivers, or other watercourses shall be construed to follow the channel centerlines of such watercourses.
5. Boundaries shown as following or approximately following the limits of political jurisdictions shall be construed as following such limits.
6. Where the application of these rules leaves a reasonable doubt as to the boundaries between two zoning districts, the regulations of the more restrictive district shall govern the entire parcel in question.
7. Whenever any dedicated public right-of-way or other public easement is vacated, the new lot line of the property to which the vacated portions of land accrue shall become the new boundary for the zoning district of the accruing land.

(Ord. No. 560, § 153.098, 4-5-2016)

1. Annexed territories. Any land annexed into the municipal boundaries of the City of Box Elder shall be designated into an appropriate zoning district at the time of annexation.
2. Previously annexed territory. Territory that has been annexed into the City prior to the adoption of this section, but for which no zoning district has previously been designated since the transitional district (NU) was applied, shall be zoned as shown on the currently adopted zoning map.

1. General description. This district is intended to protect agricultural lands and to preserve the natural beauty and open character of forested and other natural growth areas from incompatible land uses.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   AGRICULTURAL DISTRICT (AG)
   
   

   Minimum Lot Size	40 Acres Except for public utilities which may have a minimum lot size of 10,890 square feet or one-fourth (1/4) acre.
   Minimum Lot Frontage (Width)	200 Feet
   Minimum Setbacks:
   Front Yard	30 Feet
   Interior Side Yard	20 Feet
   Exterior Side Yard	60 Feet
   Rear Yard	60 Feet
   Maximum Building Coverage Ratio	5%
   Maximum Structure Height	35 Feet

4. Off-street parking required. See Article V. Off-Street Parking for additional requirements.
5. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
   1. Exception: temporary structures. All temporary structures associated with festivals, carnivals, and other temporary uses placed on sites within the community's FIRM-rated area are required to:
      1. Be on the site for fewer than fourteen (14) consecutive days; and
      2. Be capable of being removed within four (4) hours.

(Ord. No. 560, § 153.100(A), 4-5-2016)

1. General description. This district is intended to be used for public recreation on publicly owned lands and with the intent to preserve the natural beauty and open character. This district may be found intermixed with other zoning districts. Note: intermixing of this zoning district shall not be construed as spot zoning.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development standards.
   
   PARK LAND ZONING (PK)
   
   

   Minimum Lot Size	10,000 Square Feet
   Minimum Lot Frontage (Width)	100 Feet
   Minimum Setbacks:
   Front Yard	10 Feet
   Interior Side Yard	10 Feet
   Exterior Side Yard	10 Feet
   Rear Yard	10 Feet
   Maximum Building Coverage Ratio	10%
   Maximum Structure Height	25 Feet

4. Temporary structures.
   1. Temporary canopies, tents, awnings, etc., may be set up on park lands.
   2. All temporary structures may not be erected for a period of more than two (2) days unless otherwise approved by the parks and recreation board or city council.
5. Off-street parking required. When park land exceeds ten thousand (10,000) square feet in area, one hard-surfaced parking space shall be provided for each additional one thousand (1,000) square feet of park area. See Article V. Off-Street Parking for additional regulations.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.

(Ord. No. 560, § 153.100(B), 4-5-2016)

1. General description.
   1. This district will consist of land which is owned by a government entity and is not classified in another zoning district.
   2. This land may be intermixed among the other zoning districts. In this case, if intermixing takes place, it shall not be construed as spot zoning.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   PUBLIC LANDS DISTRICT (PUB)
   
   

   Minimum Lot Size	10,000 Square Feet
   Minimum Lot Frontage (Width)	100 Feet
   Minimum Setbacks:
   Front Yard	N/A
   Interior Side Yard	N/A
   Exterior Side Yard	N/A
   Rear Yard	N/A
   Maximum Building Coverage Ratio	70%
   Maximum Structure Height	60 Feet Or 4 1/2 Stories

4. Temporary structures.
   1. Temporary canopies, tents, awnings, etc., may be set up on public lands with the permission of the City Council.
   2. All temporary structures may not be erected for a period of more than two (2) days unless otherwise approved by the City Council.
5. Off-street parking required. See Article V. Off-Street Parking for additional regulations.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.

(Ord. No. 560, § 153.100(C), 4-5-2016)

1. General description.
   1. This district is intended to be used for single-family residential development with low population densities. Other uses shall be reviewed by the City’s Planning Commission and City Council and may be permitted to provide the basic elements of balanced and attractive residential area.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   LOW DENSITY RESIDENTIAL DISTRICT 1 (R-1)
   
   

   Minimum Lot Size	10,000 Square Feet 3 Acres if not served by City water and sanitary sewer.
   Minimum Lot Frontage (Width)	100 Feet
   Minimum Setbacks:
   Front Yard	25 Feet
   Interior Side Yard	10 Feet Structures 2 stories in height or that have an eave height of more than 18 feet above finished grade shall have 1 foot of side yard for each 2 feet in eave height above finished grade.
   Exterior Side Yard	18 Feet
   Rear Yard	25 Feet 10 Feet For Detached Accessory Structures
   Maximum Building Coverage Ratio	35%
   Maximum Structure Height	28 Feet (Eave Height) Or 2 1/2 Stories 12 Feet (Eave Height) For Detached Accessory Structures

4. Temporary structures.
   1. Temporary canopies, tents, awnings, etc., may be set up on a temporary basis, but in no case shall they be utilized on a permanent basis for storage or storage of motor vehicles.
   2. Temporary structures may not be erected for a period of more than three (3) days unless otherwise approved by the City Council or utilized for personal greenhouses producing agricultural products for personal use, or temporary structures incidental to active on-site residential construction projects.
5. Off-street parking required. See Article V. Off-Street Parking for additional regulations.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.

(Ord. No. 560, § 153.100(D), 4-5-2016)

1. General description. This is a residential district to provide for medium population density the principal uses of land is for one- and two-family residential uses. Certain uses which are more compatible with intensive residential uses than with commercial uses permitted. The City’s Planning Commission and City Council may permit the recreation, religious, education and other related uses in keeping with the residential character of the district on review.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   MODERATE DENSITY RESIDENTIAL DISTRICT II (R-2)
   
   

   Minimum Lot Size	7,000 Square Feet 6,000 Square Feet for Townhouse 3 Acres if not served by City water and sanitary sewer.
   Minimum Lot Frontage (Width)	60 Feet 20 Feet For Townhouse
   Minimum Setbacks:
   Front Yard	25 Feet
   Interior Side Yard	10 Feet 0 For Condominiums, Two-Family, Or Townhouse
   Exterior Side Yard	18 feet
   Rear Yard	25 Feet 10 Feet For Accessory Buildings/Detached Accessory Structures
   Maximum Building Coverage Ratio	40%
   Maximum Structure Height	28 Feet (Eave Height) Or 2 1/2 Stories 12 Feet (Eave Height) For Detached Accessory Structures Exception: Detached Accessory Structures Less Than 200 Square Feet 5 Feet

4. Temporary structures.
   1. Temporary canopies, tents, awnings, etc., may be set up on a temporary basis, but in no case shall they be utilized on a permanent basis for storage or storage of motor vehicles.
   2. All temporary structures may not be erected for a period of more than three (3) days unless otherwise approved by the City Council or utilized for personal greenhouses producing agricultural products for personal use, or temporary structures incidental to active on-site residential construction projects.
5. Off-street parking. See Article V. Off-Street Parking for additional regulations.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
7. Townhome regulations within the GR-2 district. The following regulations shall apply to any lot containing townhomes:
   1. Area regulations.
      1. Front yard. All lots shall have a minimum no less than twenty-five (25) feet from the front property line to the front of the structure.
      2. Side yards. Interior lots may be zero (0) feet when the buildings are adjoined; however, when the buildings are not adjoined, all interior lots shall have a minimum of not less than ten (10) feet from the side property line to the structure. Structures which are two (2) or more stories in height or have an eave height of more than eighteen (18) feet above finished grade shall have one (1) foot of side yard for each two (2) feet of eave height above finished grade, but in no case less than ten (10) feet.
      3. Exterior side yards on corner lots. All lots which have a side yard abutting a street shall have a minimum side yard setback of not less than eighteen (18) feet from the property line to the structure.
      4. Rear yard. All lots shall have a minimum rear yard of no less than twenty-five (25) feet from the property line to the primary residential structure. Detached accessory structures and garages may be located no closer than ten (10) feet from the rear property line.
      5. Exception. Detached accessory structures less than two hundred (200) square feet may be placed no closer than five (5) feet from the rear lot line.
      6. Lot width. All lots shall have a minimum lot width no less than twenty (20) feet.
      7. Lot area. All lots shall have a minimum lot area no less than three thousand five hundred (3,500) square feet.
      8. Maximum lot coverage. All lots shall not have more than forty-five (45) percent of its total lot area covered by permanent structures.
      9. Height regulations. No structure shall exceed two and one half (2 1/2) stories or twenty-eight (28) feet in height to the eave.
8. Off-street parking. A minimum of a 20-foot by 20-foot hard-surfaced off-street parking area must be provided for each single-family unit. All drives used for the parking of motor vehicles shall be hard-surfaced.
9. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.

(Ord. No. 560, § 153.100(E), 4-5-2016)

1. General description.
   1. This residential district is intended to promote and encourage the establishment and maintenance of suitable environments for urban residence in areas appropriate by location and character for the occupancy of high-density, multifamily dwellings. One of the important purposes of this district is to create adequate standards for residential development to prevent overcrowding and unhealthy housing conditions.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   MULTI-FAMILY RESIDENTIAL 3 (R-3)
   
   

   Minimum Lot Size	10,000 Square Feet Apartment Buildings 2,000 Square Feet Per Dwelling Unit Whichever Is Greater 6,000 Square Feet Townhome
   Minimum Lot Frontage (Width)	100 Feet Apartment Building 20 Feet Townhouses
   Minimum Setbacks:
   Front Yard	25 Feet
   Interior Side Yard	10 Feet Structures 2 stories in height or that have an eave height of more than 18 feet above finished grade shall have 1 foot of side yard for each 2 feet in eave height above finished grade. 0 Feet For Condominiums, Two-Family, and Townhouses
   Exterior Side Yard	18 Feet
   Rear Yard	25 Feet 10 Feet For Detached Accessory Structures Exception: 5 Feet For Detached Accessory Structures Less Than 200 Square Feet
   Maximum Building Coverage Ratio	45%
   Maximum Structure Height	45 Feet (Eave) 18 Accessory Structures (Eave)

4. Off-street parking. See Article V. Off-Street Parking for additional regulations.
5. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
6. Townhouse regulations. Townhouse development standards related to this district shall be the same as found in R-2 zoning district.
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.
   

(Ord. No. 560, § 153.100(F), 4-5-2016)

1. General description.
   1. This district is to provide for high-density residential development. This district accommodates a variety of housing types, including small-lot single family homes, manufactured homes, modular homes, and townhomes or similar compact residential forms.
      
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   HIGH DENSITY RESIDENTIAL (R-4)
   
   

   Minimum Lot Size	6,000 Square Feet Must be served by City water and sanitary sewer.
   Minimum Lot Frontage (Width)	50 Feet
   Minimum Setbacks:
   Front Yard	25 Feet
   Interior Side Yard	10 Feet
   Exterior Side Yard	18 Feet
   Rear Yard	25 Feet 5 Feet For Detached Accessory Structures Less Than 200 Square Feet
   Maximum Building Coverage Ratio	45%
   Maximum Structure Height	18 Feet (Eave Height) For Accessory Structures

4. Off-street parking. See Article V. Off-Street Parking for additional regulations.
5. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.

(Ord. No. 560, § 153.100(G), 4-5-2016)

1. General description. This district is established to regulate the commercial areas of the City. This district is established for personal and business services including general retail sales and merchandise.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   GENERAL COMMERCIAL DISTRICT (GC)
   
   

   Minimum Lot Size	10,000 Square Feet
   Minimum Lot Frontage (Width)	75 Feet
   Minimum Setbacks:
   Front Yard	25 Feet
   Interior Side Yard	0 Feet 25 Feet Abutting Residential
   Exterior Side Yard	25 Feet
   Rear Yard	0 Feet 30 Feet If Building Serviced From Rear 30 Feet Abutting Residential
   Maximum Building Coverage Ratio	90%
   Maximum Structure Height	50 Feet (Eave Height) Or 4 1/2 Stories

4. Off-street parking. As regulated in Article V of this chapter. All areas utilized for vehicle travel or parking shall be approved material.
5. Temporary structures. Temporary structures may be allowed by the Planning Director for temporary storage, active on-site construction projects, or other similar uses.
   1. Temporary structures shall not be placed closer than five (5) feet of any property line abutting a public right-of-way.
   2. No appendage such as overhangs, canopies, and supports, guide wires, poles, posts, stakes, signs, etc., may be placed closer than one (1) foot of any right-of-way.
   3. The Planning Director or their designee shall have the power to order the temporary structure, or any portion of the temporary structure which is within five (5) feet of any right-of-way removed immediately.
   4. Sight triangles on corners shall be maintained without exception.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.
   

1. General description.
   1. This district is established for the accommodation of those herein specified retail and business service activities that serve persons in automobiles traveling on streets and highways, and typically may be located along major street intersections or highway interchanges. These businesses generate a considerable volume of vehicular traffic originating within the community or traveling into the community.
   2. Utility lot. Any platted lot used exclusively for the placement of utilities, public works, wells, water storage, sewer systems, telecommunications stations, electrical substations, high-pressured gas stations, and any other utility services approved by the city council. Such lots are only intended to be improved with the utility and any structures needed in conjunction with the utility.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   HIGHWAY SERVICE (HS)
   

   Minimum Lot Size	10,000 Square Feet
   Minimum Lot Frontage (Width)	100 Feet
   Minimum Setbacks:
   Front Yard	25 Feet
   Interior Side Yard	15 Feet 25 Feet Abutting Residential, Requires 6’ Opaque Or Ornamental Fence
   Exterior Side Yard	30 Feet
   Rear Yard	20 Feet 35 Feet If Building Serviced From Rear
   Maximum Building Coverage Ratio	75%
   Maximum Structure Height	60 Feet (Eave Height) Or 4 1/2 Stories

4. Temporary structures. Temporary structures may be allowed by the Planning Director for temporary storage, active on-site construction projects, or other similar uses.
   1. Temporary structures shall not be placed closer than five (5) feet of any property line abutting a public right-of-way.
   2. No appendage such as overhangs, canopies, and supports, guide wires, poles, posts, stakes, signs, etc., may be placed closer than five (5) feet of any right-of-way.
   3. The Planning Director or their designee shall have the power to order the temporary structure, or any portion of the temporary structure which is within five (5) feet of any right-of-way, removed immediately.
   4. Sight triangles on corners shall be maintained without exception.
5. Off-street parking. As regulated in Article V. of this chapter, all areas utilized for vehicle travel or parking shall be of approved materials.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.
   

1. General description.
   1. This industrial district is established to provide areas which the principal use of land is for manufacturing and assembly plants, processing, storage, large warehousing, wholesaling and distribution in which operations are conducted so that noise, odor, dust and glare area controlled.
   2. Utility lot. Any platted lot used exclusively for the placement of utilities, public works, wells, water storage, sewer systems, telecommunications stations, electrical substations, high-pressured gas stations, and any other utility services approved by the city council. Such lots are only intended to be improved with the utility and any structures needed in conjunction with the utility.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   GENERAL LIGHT INDUSTRIAL DISTRICT 1 (GLID-1)
   
   

   Minimum Lot Size	1 Acre
   Minimum Lot Frontage (Width)	150 Feet
   Minimum Setbacks:
   Front Yard	30 Feet
   Interior Side Yard	20 Feet
   Exterior Side Yard	30 Feet
   Rear Yard	20 Feet
   Maximum Building Coverage Ratio	80%
   Maximum Structure Height	35 Feet (Eave Height)

4. Temporary structures. Temporary structures may be allowed by the Planning Director for temporary storage, active on-site construction projects, or other similar uses.
   1. Temporary structures shall not be placed closer than five (5) feet of any property line abutting a public right-of-way.
   2. No appendage such as overhangs, canopies, and supports, guide wires, poles, posts, stakes, signs, etc., may be placed closer than one (1) foot of any right-of-way.
   3. The Police Chief or Planning Director or their designee shall have the power to order the temporary structure, or any portion of the temporary structure which is within five (5) feet of any right-of-way, removed immediately.
   4. Sight triangles on corners shall be maintained without exception.
5. Off-street parking. As regulated in Article V. of this chapter, all areas utilized for vehicle travel or parking shall be approved material.
6. Landscaping. Landscaping will be required as provided in this chapter.
7. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.

1. General description. To establish areas for necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses, and to make provision for commercial uses which are necessary to service the immediate needs of people in their areas.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards.
   
   HEAVY INDUSTRIAL DISTRICT (HID)
   
   

   Minimum Lot Size	1 Acre
   Minimum Lot Frontage (Width)	150 Feet
   Minimum Setbacks:
   Front Yard	30 Feet
   Interior Side Yard	20 Feet
   Exterior Side Yard	30 Feet
   Rear Yard	20 Feet
   Maximum Building Coverage Ratio	80%
   Maximum Structure Height	35 Feet (Eave Height)

4. Temporary structures. Temporary structures may be allowed by the Planning Director for temporary storage, active on-site construction projects, or other similar uses.
   1. Temporary structures shall not be placed closer than five (5) feet of any property line abutting a public right-of-way.
   2. No appendage such as overhangs, canopies, and supports, guide wires, poles, posts, stakes, signs, etc., may be placed closer than one (1) foot to any right-of-way.
   3. The Police Chief or Planning Director or their designee shall have the power to order the stand, or any portion of the temporary structure which is within five (5) feet of any right-of-way, removed immediately.
   4. Sight triangles on corners shall be maintained without exception.
5. Off-street parking. As regulated in Article V. of this chapter, all areas utilized for vehicle travel or parking shall be approved material.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.
   

1. Description.
   1. This district is for the protection of drainageways and floodways which permit the unimpeded flow of surface runoff without endangering life and health or causing property damage due to flooding by prohibiting structures in this district.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.

(Ord. No. 560, § 153.100(M), 4-5-2016)

1. Purpose. The mixed use district will provide areas where commercial and residential uses may be developed together on the same lot or in the same structure. This district is intended to encourage walkable, mixed use activity centers that support both neighborhood and community needs. Mixed uses may include the following forms:
   1. Vertical mixed use building, where different uses are combined and integrated within the same building.
   2. Horizontal mixed use, which combines and integrates residential and commercial on the same lot.
2. Permitted uses. See Appendix A, Land Use Matrix.
3. Development Standards. MIXED USE DISTRICT (MU)

   Minimum Lot Size	8,000 square feet
   Minimum Lot Frontage (Width)	65 feet
   Minimum Setbacks:
   Front Yard	25 feet; exception: 0 feet where located in a commercial corridor with sidewalk frontage
   Interior Side Yard	10 feet; 25 feet when abutting residential
   Exterior Side Yard	20 feet
   Rear Yard	25 feet; 35 feet for structures over 45 feet in height
   Maximum Building Coverage Ratio	70%
   Maximum Structure Height	75 feet

4. Temporary structures.
   
   1. Temporary canopies, tents, awnings, etc., may be set up on a temporary basis, but in no case shall they be utilized on a permanent basis for storage or storage of motor vehicles.
      
   2. Temporary structures may not be erected for a period of time of more than three (3) days unless otherwise approved by the City Council or utilized for personal greenhouses producing agricultural products for personal use, or temporary structures incidental to on-site residential construction projects.
      
5. Off-street parking required. See Article V. Off-street parking for additional regulations.
   
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
   
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.
   

1. Purpose. The planned development district (PD) shall preserve the natural environment, encourage high quality development and innovative design, and ensure adequate public facilities and services for development.
2. Intent. The intent of the planned development (PD) overlay district is to permit a large or complex single or multi-use development that is planned as a single contiguous project and that is under unified control. It is further intended:
   1. To allow deviations from the minimum, maximum, or location criteria from the underlying zoning district standards;
   2. To provide optional methods of land development and encourage imaginative design;
   3. To promote more economical and efficient use of land;
   4. To provide flexible zoning entitlements for projects that may be subdivided and developed in multiple phases;
   5. To establish a method for providing future connections between existing and proposed developments in order to achieve an integrated community with common open space, transportation, transit, and public services networks; and
   6. To allow for the flexibility to grant waivers or modification to City ordinances and development standards while promoting compatibility with adjacent land uses and public facilities.
3. General provisions.
   1. All provisions of any existing experimental subdivisions approved by the City prior to the effective date of the ordinance from which this article is derived shall remain in effect.
   2. Where a conflict exists between an approved planned development and the regulations of the underlying zoning district, the approved planned development shall prevail.
   3. It is not the intent of the PD district to allow for the modification or waiver of City floodplain regulations.
4. Application and approval process. Proposed subdivisions utilizing the PD zone shall comply with the application and approval requirements outlined in Chapter 36 - Subdivisions, for standard conceptual plan, preliminary plan, minor plat, and final plat processes, as applicable.
5. Development requirements.
   1. Phasing. The proposed development plans for a subdivision utilizing the PD district shall include all possible future phases. No additional phases shall be permitted beyond the original concept. Adjacent property developed similarly shall be a separate development and shall meet all requirements independently from any adjacent development.
   2. Minimum lot area. The minimum lot area for dwellings located within a subdivision utilizing the PD district may be reduced below the area normally required as recommended by the Planning Commission, as approved by the City Council. The proposed lot size shall be sufficient to meet the requirements of the state health department and the DANR for the provision of drinking water and sanitary sewer services, as applicable.
   3. Minimum lot width and setbacks. The minimum lot width and setback requirements may be reduced below the width and setbacks typically required as recommended by the Planning Commission, and as approved by the City Council. However, no required side yard shall be less than ten feet (10’), no required front or rear yard shall be less than twenty feet (20’), and no corner side yard shall be less than eighteen feet (18’).
   4. Use and height regulations. Use and height regulations shall be the same for a subdivision utilizing the PD overlay as the underlying zoning district in which the subdivision is located.
   5. Open and common space.
      1. The proposed development shall provide a way that guarantees the development’s open and common space will be maintained in perpetuity.
      2. The development shall provide a minimum of twenty percent (20%) open space. A minimum of ten percent (10%) of the provided open space shall be common space. Open and common space shall not include streets, driveways, alleys, parking areas or similar.
      3. Common spaces shall be fully landscaped and developed with approved amenities as identified in the City’s parks master plan for the enjoyment and full use of all residents of the development and/or the public. Common space shall be preserved, maintained, and owned through the homeowner’s association from the onset, or may be deeded to the City if the developer makes the request and the City Council, at their sole discretion, grants the request. Unless otherwise approved by the development agreement, landscaping shall be completed prior to the approval of the next consecutive phase of a phased subdivision.
      4. Open space may include, but will not be limited to: agricultural areas, recreation areas or similar, including lands which are not suitable for development. Upon recommendation by the Planning Commission and approval by the City Council the developer may be required as a condition of plan and plat approval to record a perpetual conservation easement for certain types of open space.
   6. Sidewalks and park strips. The design and location of public sidewalks shall be located in the public right-of-way and in addition to the City’s adopted engineering standards and specifications shall meet the following requirements:
      1. Park strips shall be a minimum of ten feet (10’) wide.
      2. Sidewalks shall meet the minimum standards for ADA accessibility. Meandering sidewalks shall be no closer than five feet (5’) to the back of curb.
   7. Trail System/Walking/Bike Paths. The development shall contain trail/walking/bike paths and shall connect to the City’s trails system per the City’s parks master plan, when applicable. Trail/walking/bike paths shall meet the City’s engineering standards and specifications.
6. Minor and major amendments. A major amendment to a planned development shall require approval of the Planning Commission and City Council. Minor amendments shall require approval of the Planning Commission. Major amendments include:
   1. Change in the concept of the development.
   2. Change in use or character of the development.
   3. Change in type of approved dwelling unit.
   4. Increase in the number of dwelling units.
   5. Rearrangement of or additional lots, blocks, and building tracts.
   6. Change in the character or function of any street.
   7. Reduction or relocation of land area set aside for common open space.
   8. Increase to maximum building height.
   9. Decrease to minimum required setbacks or lot frontages.
      
   Minor amendments include:
   1. Increase to designated open space which does not constitute a major amendment.
   2. Minor variations in layout, which do not constitute a major amendment.
   3. Changes which do not alter the use or character of the development.

(Ord. No. 560, § 153.100(O), 4-5-2)

1. General Description.
   1. This district is intended to provide areas for low-density residential development in a rural setting. The purpose of this district is to maintain a rural character with larger lots, reduced building coverage, and allowances for limited agricultural and accessory uses.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards. RURAL RESIDENTIAL (RR)

   Minimum Lot Size	3 Acres
   Minimum Lot Frontage (Width)	150 feet
   Minimum Setbacks:
   Front Yard	50 feet
   Interior Side Yard	25 feet
   Exterior Side Yard	25 feet
   Rear Yard	50 feet
   Maximum Building Coverage Ratio	25%
   Maximum Structure Height	11 feet (2 1/2 stories)

   
   
4. Temporary structures
   1. Temporary canopies, tents, awnings, etc., may be set up on a temporary basis, but in no case shall they be utilized on a permanent basis for storage or storage of motor vehicles.
   2. Temporary structures may not be erected for a period of time of more than three (3) days unless otherwise approved by the City Council or utilized for personal greenhouses producing agricultural products for personal use, or temporary structures incidental to active on-site residential construction projects.
      
5. Off-street parking required. See Article V. Off-street parking for additional regulations.
   
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
   

1. General Description.
   1. This district is intended to provide small to moderate scale commercial and civic uses that serve surrounding residential neighborhoods and act as a transition between residential and more intensive commercial districts. Development is intended to be compatible in scale and character with adjacent residential areas, with additional buffering where required.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development standards. NEIGHBORHOOD COMMERCIAL (NC)

   Minimum Lot Size	8,000 square feet
   Minimum Lot Frontage (Width)	65 feet
   Minimum Setbacks:
   Front Yard	20 feet
   Interior Yard	15 feet, 25 feet abutting residential** **Landscape buffer may be required
   Exterior Side Yard	20 feet
   Rear Yard	20 feet, 25 feet abutting residential** **Landscape buffer may be required
   Maximum Building Coverage Ratio	65%
   Maximum Structure Height	2 stories

   
   
4. Temporary structures.
   1. Temporary canopies, tents, awnings, etc., may be set up on a temporary basis, but in no case shall they be utilized on a permanent basis for storage or storage of motor vehicles.
   2. Temporary structures may not be erected for a period of time of more than three (3) days unless otherwise approved by the City Council or utilized for personal greenhouses producing agricultural products for personal use, or temporary structures incidental to active on-site residential construction projects.
      
5. Off-street parking required. See Article V. Off-street parking for additional regulations.
6. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
7. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.

1. General Description.
   1. This district is intended to provide flexibility in the design of commercial developments that do not conform to the City's standard commercial zoning districts but are not large enough or complex enough to require a Planned Development. The intent of this district is to allow innovative site designs, alternative layouts, and a mix of commercial activities where the City Council determines that proposed public benefits outweigh deviations from standard zoning requirements.
2. Permitted, conditional, or prohibited uses. See Appendix A Land Use Matrix.
3. Development Standards. COMMERCIAL FLEX (C-FX).
   1. Development Standards in the C-FX District shall be established through the rezoning process and documented in the approving ordinance. Applications for rezoning to C-FX shall include a concept plan identifying the following, at a minimum:
      1. Proposed land uses and general intensity.
      2. Site layout including building placement and orientation.
      3. Parking, circulation, and access points.
      4. Landscaping, open space, and screening.
      5. Proposed building heights and coverage.
      6. Signage concept.
      7. Utility service and stormwater management approach.
   2. Standards such as minimum lot size, density, setbacks, parking, signage, and other dimensional regulations may be approved by the City Council where the applicant demonstrates that the development provides public benefits and maintains overall compatibility with the surrounding community.
   3. Examples of public benefits that may be considered include, but are not limited to:
      1. Enhanced architectural design materials
      2. Streetscape improvements and landscape beyond minimum requirements.
      3. Shared or structured parking arrangements that reduce surface parking areas.
      4. Trail, sidewalk, or bike connections extending beyond the site.
      5. Screening of service areas, outdoor storage, and loading areas.
      6. Stormwater management features that provide usable open space or ecological function.
      7. Driveway consolidation or access management that improves traffic flow and safety.
      8. Incorporation of public or civic amenities such as plazas or community spaces.
      9. Signage plans that improve corridor character and reduce visual clutter.
4. Process.
   
   1. Applications for rezoning to C-FX shall include a concept plan as outlined above. The City Council may approve, modify, or deny the request based on consistency with the Comprehensive Plan, compatibility with surrounding development, and the extent of public benefits provided. Approved standards shall be documented.
5. Temporary structures.
   1. Temporary canopies, tents, awnings, etc., may be set up on a temporary basis, but in no case shall they be utilized on a permanent basis for storage or storage of motor vehicles.
   2. Temporary structures may not be erected for a period of time of more than three (3) days unless otherwise approved by the City Council or utilized for personal greenhouses producing agricultural products for personal use, or temporary structures incidental to active on-site residential construction projects.
6. Off-street parking required. See Article V. Off-street parking for additional regulations.
7. Floodplain requirements. See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.
8. Landscaping. Landscaping shall be provided in quality and quantities as provided in this chapter.

1. General description. The primary surface protection zone is intended to prevent height obstructions within each airfield's primary runway surface area plus the area under transitional and approach surfaces.
2. Location. This zone consists of an area extending outward from the runway centerline of EAFB runway 13/31 and of RCRA runway 14/32 for 3,700 feet from each end of each runway and 1,500 feet on either side of, and perpendicular to, each runway centerline.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFBe for further guidance.

(Ord. No. 560, § 153.101(A), 4-5-2016)

1. General description. The transition surface protection zone is intended to prevent height obstructions in an area adjacent to the primary surface protection zone which lies under transitional and approach/departure surfaces to an elevation of 150 feet above end-of-runway elevation. The 150-foot elevation was chosen to provide a surface protection factor above structures of up to 100 feet in height.
2. Location. This zone consists of an area extending from the primary surface protection zone for EAFB runway 13/31 and of RCRA runway 14/32 for 7,500 feet along a line extending from the end of the primary surface protection zone and 500 feet on either side of, and perpendicular to, the primary surface protection zone.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFBe for further guidance.

(Ord. No. 560, § 153.101(B), 4-5-2016)

1. General description. This airfield hazard district is established due to its very high aircraft accident potential and extremely high noise level. No structures, overhead lines, or new trees should be allowed in this zone. Activities that encourage or promote a gathering of people shall not be allowed.
2. Location. This zone consists of an area that is 3,000 feet square (3,000 feet by 3,000 feet) that is centered on the runway centerline of EAFB runway 13/31 and begins 200 feet from the end of this runway.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(C), 4-5-2016)

1. General description. This airfield hazard district is established due to its high aircraft accident potential and high noise level. Activities that encourage or promote a gathering of people shall not be allowed in this zone. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. Accident potential zone one consists of an area that is 3,000 feet wide by 5,000 feet long that is centered on the runway centerline of EAFB runway 13/31 and begins at the outer edge of the clear zone.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(D), 4-5-2016)

1. General description. This airfield hazard district is established due to its high aircraft accident potential and high noise level. Activities that encourage or promote a gathering of people shall not be allowed in this zone. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. Accident potential zone one consists of an area that is 3,000 feet by 5,000 feet centered on the runway centerline of EAFB runway 13/31 and begins at the outer edge of the clear zone.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(E), 4-5-2016)

1. General description. This airfield hazard district is established due to its aircraft accident potential and high noise level. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. Accident potential zone two consists of an area that is 3,000 feet by 7,000 feet long centered on the runway centerline of EAFB runway 13/31 and begins at the outer edge of accident potential zone one.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(F), 4-5-2016)

1. General description. This airfield hazard district is established due to its aircraft accident potential and high noise level. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. Accident potential zone two consists of an area that is 3,000 feet by 7,000 feet long that is centered on the runway centerline of EAFB runway 13/31 and begins at the outer edge of accident potential zone one.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(G), 4-5-2016)

1. General description. This airfield hazard district is established due to its aircraft accident potential and high noise level. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. Accident potential zone two consists of an area that is 3,000 feet by 7,000 feet long that is centered on the runway centerline of EAFB runway 13/31 and begins at the outer edge of accident potential zone one.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(H), 4-5-2016)

1. General description. This airfield hazard district is established due to its high noise level. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. This noise zone is located outside of the accident potential zones for EAFB runway 13/31 and is intended to include the area between the 80 dB(A) noise contour shown in the most current AICUZ Study for EAFB and the accident potential and clear zones.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(I), 4-5-2016)

1. General description. This airfield hazard district is established due to its high noise level. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. This noise zone is located outside of the accident potential zones for EAFB runway 13/31 and is intended to include the area between the 80 and 75 dB(A) noise contours shown in the most current AICUZ Study for EAFB.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(J), 4-5-2016)

1. General description. This noise hazard district is established due to its high noise level from airfield operations or transportation corridors. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. This noise zone is located outside of the accident potential zones for EAFB runway 13/31 and is intended to include the area between the 75 and 70 dB(A) noise contours shown in the most current AICUZ Study for EAFB and is intended to include the area that extends outward for 50 feet from the right-of-way boundaries of Interstate 90 and of the railroad.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(K), 4-5-2016)

1. General description. This noise hazard district is established due to its high noise level from airfield operations or transportation corridors. All new structures and existing structures that are altered or expanded within this zone shall comply with the City's adopted building code requirements for noise level reduction.
2. Location. This noise zone is located outside of the accident potential zones for EAFB runway 13/31 and is intended to include the area between the 70 and 65 dB(A) noise contours shown in the most current AICUZ Study for EAFB and is intended to include the area that extends outward between 50 feet and 200 feet from the right-of-way boundaries of Interstate 90 and of the railroad.
3. Uses permitted and not allowed. See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.

(Ord. No. 560, § 153.101(L), 4-5-2016)

1. General description. This airfield hazard district is established due to its high aircraft accident potential and noise level. Activities that encourage or promote a gathering of people shall not be allowed.
2. Location. This zone consists of an area that is 4,000 feet by 10,200 feet that is centered on the runway centerline at the ends of RCRA runway 14/32.
3. Uses not allowed. Note: See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.
   1. Above-ground bulk storage of fuel and other hazardous materials.
   2. Aquaculture.
   3. Chicken or turkey farms.
   4. CAFOs.
   5. Commercial feed lots.
   6. Commercial wind energy systems.
   7. Community centers.
   8. Dairies.
   9. Fur farms.
   10. Gas stations.
   11. Golf courses.
   12. Gun and archery ranges.
   13. Landfills.
   14. Livestock auction yards.
   15. Open water treatment plants.
   16. Public swimming pools.
   17. Telecommunications facilities.
   18. Uses that create an allowed gathering density of more than 50 people.
   19. Uses that create an average gathering density of more than 25 people.
   20. Public assembly uses for entertainment, sports, or amusements, such as amphitheaters, arenas, auditoriums, fairgrounds, racetracks, or theaters.
       
   21. Public service uses such as schools, hospitals, nursing homes, and police or fire stations.
   22. Uses that create hazards to aircraft operations, such as uses that release substances that would impair pilot vision (steam, smoke, dust), produce light emissions, either direct or indirect, that would interfere with pilot vision, or produce electrical emissions that would interfere with aircraft communications or navigation systems.
4. Maximum density. The maximum residential lot density within this district shall be one dwelling unit per ten acres.

(Ord. No. 560, § 153.101(M), 4-5-2016)

1. General description. This airfield hazard district is established due to its aircraft accident potential and noise level. Activities that encourage or promote large gatherings of people shall not be allowed.
2. Location. This zone, located under the air traffic pattern of RCRA runway 14/32, consists of an area that is created by swinging arcs of 14,000 feet from the center of each end of the runway and connecting these arcs by drawing lines tangent to these arcs.
3. Uses permitted on review. Golf courses (allowed with a program to reduce wildlife attractiveness).
4. Uses not allowed. Note: See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.
   1. Aquaculture.
   2. Chicken or turkey farms.
   3. CAFOs.
   4. Commercial feed lots.
   5. Commercial wind energy systems.
   6. Dairies.
   7. Fur farms.
   8. Landfills.
   9. Livestock auction yards.
   10. Open water treatment plants.
   11. Uses that create an allowed gathering density of more than 450 people.
   12. Uses that create an average gathering density of more than 150 people.
   13. Public assembly uses for entertainment, sports, or amusements, such as amphitheaters, arenas, auditoriums, fairgrounds, racetracks, or theaters.
   14. Public service uses such as schools, hospitals, or nursing homes.
   15. Uses that create hazards to aircraft operations, such as uses that release substances that would impair pilot vision (steam, smoke, dust), produce light emissions, either direct or indirect, that would interfere with pilot vision, or produce electrical emissions that would interfere with aircraft communications or navigation systems.

(Ord. No. 560, § 153.101(N), 4-5-2016)

1. General description. This airfield hazard district is established due to FAA recommendations to protect airfields from hazardous wildlife attractants and tall structures.
2. Location. This zone encompasses a five mile area around RCRA runway 14/32 and around EAFB runway 13/31.
3. Uses permitted on review. Golf courses (allowed with a program to reduce wildlife attractiveness).
4. Uses not allowed. Note: See Table A located in Division 3A of this article and the most current AICUZ Study for EAFB for further guidance.
   1. Aquaculture.
   2. Chicken or turkey farms.
   3. CAFOs.
   4. Commercial feed lots.
   5. Commercial wind energy systems.
   6. Dairies.
   7. Fur farms.
   8. Landfills.
   9. Livestock auction yards.
   10. Open water treatment plants.
   11. Uses that create hazards to aircraft operations, such as uses that release substances that would impair pilot vision (steam, smoke, dust), produce light emissions, either direct or indirect, that would interfere with pilot vision, or produce electrical emissions that would interfere with aircraft communications or navigation systems.
5. Maximum structure height. Unless further restricted by the requirements of other overlay zones, applications for building or other permits for all structures exceeding 200 feet in height shall be accompanied by a copy of the decision of record by the FAA for the applicant's Form 7460-1, Notice of Proposed Construction or Alteration, and a copy of the permit issued by the state aeronautics commission for the proposed structure.

(Ord. No. 560, § 153.101(O), 4-5-2016)

(Ord. No. 560, ch. 153, att., 4-5-2016)

The uses of land, buildings and other structures permitted in each of the districts established by this article are designated by listing the principal uses permitted. In addition to such principal uses, this section shall regulate uses customarily incidental to any principal use permitted in the district.

1. General provisions. Each permitted accessory use shall:
   1. Be customarily incidental to the principal use established on the same lot.
   2. Be subordinate to and serve such principal use.
   3. Be subordinate in area, extent and purpose to such principal use.
   4. Contribute to the comfort, convenience or necessity of users of such principal use.
2. Permitted accessory structures. Accessory uses shall be permitted as specified in this chapter and such accessory uses shall be applicable to the principal use.

(Ord. No. 560, § 153.102(Q), 4-5-2016)

1. Purpose. The purpose of this section is to establish use and development regulations for accessory dwelling units (ADUs). ADUs provide a portion of the needed supply of affordable housing within the City for individuals and families while also allowing them to live independently. These regulations are intended to ensure that ADUs do not disturb the single-family residential character of a neighborhood in the zones in which they are allowed, and to protect the privacy of, and mitigate negative impacts to adjacent property owners.
2. Scope. The requirements of this section shall apply to all ADUs. Such requirements shall not be construed to prohibit or limit other applicable provisions of this chapter, this code, and other State or Federal laws.
3. Permitted use. Subject to the development standards listed in this chapter, an ADU shall be allowed as a permitted use in the following zoning districts:
   1. R-1: Low density residential
   2. R-2: Moderate density residential
   3. R-4: High density residential (high-density)
      
   4. AG: Agricultural
4. Development standards. The development standards set forth in this section shall apply to all ADUs located within the City.
   1. Accessory use; limit; setbacks and size. An ADU shall be accessory to the primary dwelling unit. Only one (1) ADU, internal or detached, is allowed per parcel or lot. An internal ADU shall not be allowed within a mobile or manufactured home.
      1. Setbacks and lot coverage limitations established for the primary dwelling unit in each applicable zone shall apply to all internal and detached ADUs.
   2. Compliance with building codes required. ADUs shall meet all requirements of the currently adopted building codes including egress, and life safety requirements.
   3. Ownership. An ADU shall not be sold separately or subdivided from the primary dwelling unit, parcel or lot. The property owner or an immediate family member shall be a resident of either the primary dwelling unit or the ADU. For the purpose of this section, the term “property owner” shall be defined as full time residency within the home by the bona fide property owner(s) as shown on the Pennington or Meade County tax assessment rolls.
   4. Design standards.
      1. The ADU shall have a pitched roof unless the principal dwelling unit has a flat roof, in which case the ADU may either have a flat or pitched roof.
      2. An ADU shall incorporate at least one (1) of the exterior materials used in the primary dwelling unit for a minimum of twenty percent (20%) on all facades of the structure.
      3. The ADU shall maintain the same color of the primary dwelling unit for at least fifty percent (50%) on all facades of the structure.
      4. The installation of separate utility meters shall be prohibited.
      5. The ADU shall use the same on-site wastewater disposal system as the primary dwelling, except when a separate system is required by the County due to site constraints, failure of the existing system, or where the size or condition of the existing system precludes it use.
      6. The ADU shall be provided with its own entrance.
      7. The ADU must provide living areas for cooking, sleeping, and sanitation facilities separate from the principal dwelling unit.
      8. The ADU shall be smaller than the footprint of the primary dwelling unit and in no case shall exceed 1,200 square feet.
      9. ADU’s on lots with a lot area of less than 6,500 square feet shall be located in the main structure only and shall not be located in a detached accessory unit.
      10. Parking for any ADU shall be provided on-site, and shall be in addition to the parking required for the primary dwelling unit. A minimum of one (1) parking space shall be provided for any ADU.
      11. Landscaping shall be provided and maintained to:
          1. minimize impacts to neighboring properties;
          2. retain the residential character of the neighborhood; and
          3. provide a visual buffer for on-site parking in relation to adjacent properties and rights-of-way.
      12. Exterior lighting shall provide illumination directed downward. Light sources shall not be visible from adjacent properties.
   5. Address. The primary dwelling unit and ADU shall have the same address number. The ADU shall be referred to as unit “B”. The address shall be posted in a visible location to facilitate response of emergency services.
   6. Short term rental. An ADU shall not be used as a short term rental.
5. Compliance with development standards.
   1. Properties with ADUs found to be in violation of the development standards set forth in this chapter shall be subject to all applicable remedies set forth in this chapter to ensure compliance.
   2. As part of the Zoning Administrator’s review, inspections of the property and structures may be required by the City’s various departments.
6. Transfer of ownership. Upon sale of the primary dwelling unit, an ADU may remain so long as the ADU is in full compliance with the City’s ordinances.

1. No Adult Oriented Business (AOB) shall be located within 1,000 feet, measured from the closest points of the property lines and including areas within public rights-of-way, of any residential district or manufactured home park, day care center, day care home, nursing home, assisted living or other similar facility providing care for the elderly or disabled, any public or private school (including preschool, elementary school, middle school, secondary school, high school, instructional school, vocational school, trade school, college, or university), public park, public open space, arcade or game center, public library, church, synagogue, temple, or other house of worship.
2. No AOB shall be located within 1,000 feet of another AOB.
3. No AOB may remain open at any time between the hours of 2:00 a.m and 8:00 a.m on Monday through Saturday and between the hours of 2:00 a.m and 12:00 noon on Sunday.
4. A violation of this section shall be a Class 1 misdemeanor and each day of violation shall constitute a separate offense.

(Ord. No. 560, § 153.102(A), 4-5-2016)

The following regulations shall apply to all automobile service stations:

1. There shall be a forty foot (40’) setback from all right-of-way lines to any building, pump or accessory use.
2. Service stations shall not be constructed closer than fifty feet (50’) to any residential zoning district.
3. The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a service station shall not be less than forty feet (40’).
4. A raised curb at least six inches (6”) in height shall be constructed on all street property lines, except at driveway openings.
5. The length of curb openings shall not exceed thirty feet (30’).
6. When two (2) curb openings are giving access to a single street, they shall be separated by a minimum dimension of fifty feet (50’) at both the edge of the pavement and the right-of-way line. Curb cuts for driveways shall not be located closer than twenty five feet (25’) to any adjoining property line.
7. All stations offering for sale gasoline or similar products shall be monitored 24 hours each day by a camera system.
8. A masonry wall or solid fence shall be constructed when service station property abuts property zoned for residential purposes. Such wall shall be not less than six feet (6’) in height, but no more than eight feet (8’) in height.
9. Collection method of water from the washing of automobiles shall be approved by Public Works Director or designee.
   
   Water from the washing of automobiles shall be contained on site.
10. Off-street parking. As regulated in article V of this chapter.
11. Signs. As regulated in chapter 30.

(Ord. No. 560, § 153.102(T), 4-5-2016)

1. In order to balance the various interests and manage the effects cannabis establishments have on adjacent land uses and to promote the public health, safety, and general welfare of the city, the common council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential, commercial and industrial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of cannabis establishments to locate in the city but is for the purpose of preventing a concentration of certain cannabis establishments in any one area.
2. Definitions. Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34-20G-1.
   
   Cannabis (or marijuana) means all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
   
   Cannabis cultivation facility means in addition to the definition in SDCL 34-20G-1, this term is further defined as a license holder that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
   
   Cannabis dispensary means in addition to the definition in SDCL 34-20G-1, this term is further defined as a license holder that is a retail type 1 setting and acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
   
   Cannabis establishment means a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
   
   Cannabis product manufacturing facility means in addition to the definition in SDCL 34-20G-1, this term is further defined as a license holder that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
   
   Cannabis products means any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
   
   Cannabis testing facility means in addition to the definition in SDCL 34-20G-1, this term is further defined as a license holder legally authorized to analyze the safety and potency of cannabis.
   
   License holder means a cannabis establishment that possesses a license under this division to operate the cannabis establishment for which the license was issued.
   
   Public or private school means any preschool, elementary school, middle school, secondary school, or high school. The term also includes any daycare or childcare center.
   
   Unlicensed cannabis establishment means an entity that would otherwise meet the definition of a cannabis establishment, but which is not legally licensed by the City of Box Elder and does not have a current and valid registration certificate issued by the South Dakota Department of Health.
3. Regulations relating to cannabis cultivation facilities. No cannabis cultivation facility may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis cultivation facility is a permitted use in the general light industrial zoning district.
   
   No cannabis cultivation facility may be located or operate within 1,000 feet of a public or private school or a residence. The 1,000-foot distance requirement for a residence does not apply to a residence located on the same lot as a cannabis cultivation facility.
4. Regulations relating to cannabis testing facilities. No cannabis testing facility may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis testing facility is a permitted use in the general light industrial zoning district.
   
   No cannabis testing facility may be located or operate within 1,000 feet of a public or private school.
5. Regulations relating to cannabis product manufacturing facilities. No cannabis product manufacturing facility may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis product manufacturing facility is a permitted use in the general light industrial zoning district.
   
   No cannabis product manufacturing facility may be located or operate within 1,000 feet of a public or private school or a residence.
6. Regulations relating to cannabis dispensaries. No cannabis dispensary may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis dispensary is a permitted use in the general light industrial zoning district.
   
   No cannabis dispensary may be located or operate within 1,000 feet of a public or private school.
7. Unlicensed cannabis establishments are prohibited from being located or operating in any zoning district.
8. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a cannabis establishment to the nearest point on the property line of a parcel containing a use listed in subsections (c) through (f).
9. A cannabis establishment lawfully operating in conformity with this section does not violate this section if any of the uses in subsections (c) through (f) subsequently locates within 1,000 feet of the cannabis establishment.
10. It is unlawful to own, manage, or operate a cannabis establishment in a zoning district other than the zoning district permitted by the criteria of this section. A violation of this provision is subject to the general penalty provision in section 2-363. Each day of violation constitutes a separate offense.
11. A recreational vehicle as defined in this chapter or a tent are not residences under this section.

(Ord. No. 678, 9-21-2021)

Cemeteries may be permitted in any zoning district under a conditional use permit and with the following regulations:

1. The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.
2. Any new cemetery shall be located on a site containing not less than 20 acres.
3. All other structures including, but not limited to, mausoleums, permanent monuments or maintenance buildings shall be set back not less than 50 feet from any property line or street right-of-way line.
4. All graves or burial lots shall be set back not less than 25 feet from any property line or street right-of-way line.
5. All required yards shall be landscaped and maintained.

(Ord. No. 560, § 153.102(M), 4-5-2016)

Drive-in theaters may be constructed in light general commercial (GC) and highway service (HS) zoned districts under a conditional use permit and when complying with the following regulations:

1. The site must have direct access to a major public road.
2. In addition to the required setbacks from streets and highways, all yards shall be planted and maintained as a landscaped strip.
3. Theater screen(s) shall not be visible from any public street within one thousand five hundred feet (1,500’). In addition, vehicles parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet (6’) in height.
4. Loading space for patrons waiting admission shall be equal to twenty percent (20%) of the capacity of the drive-in. All entrances and exits shall be separated and internal circulation shall be laid out to provide one-way traffic.
5. Concessions shall be limited to patrons of the establishment.
6. No central loudspeakers shall be permitted, unless utilized for emergency purposes only.
7. All parking areas and accessways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties.
8. Amusement parks or "kiddy-lands" shall be limited to patrons of the establishment.

(Ord. No. 560, § 153.102(N), 4-5-2016)

1. Applicability. Fences may be constructed in all zoning districts. No fences shall be constructed or maintained within, or in any way that constricts or blocks a floodway.
2. Fence Height. Fences less than or equal to seven (7) feet in height shall not require a building permit or approval from the zoning administrator prior to construction. However, fences taller than seven (7) feet in height shall not be constructed before the property owner obtains: (1) an approved conditional use permit; and (2) an approved building permit, unless other specific zoning requirements are applicable.
   1. A fence in the front yard of any residential zoning district shall not exceed a maximum height of four feet. In the case of a corner lot, a fence shall not exceed four feet in height when located in any front or side yard which is directly adjacent to a public right-of-way.
3. Materials. Fences shall be constructed in a structurally sound manner from materials which are commonly used for fencing and shall not be constructed from railroad ties, wood pallets, tires, rubble, or similar salvaged material. No person shall construct, maintain, or cause to be constructed or maintained any fence of barbed wire, razor wire, or electric unless specifically authorized in an approved development plan, through special approval by the City, or if used to control the movement of permitted livestock.
   1. Approved fencing materials shall include but not be limited to: wood, brick, stone, metal, split railing, chain-link, wire, vinyl, ornamental iron work, or other similar materials as approved by the Zoning Administrator.
   2. Permanent posts or props used to provide additional structural support shall not be allowed on the outside of the fence.
4. Maintenance. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become or remain in a condition of disrepair including noticeable leaning, missing sections, broken supports, non-uniform height, or any other unsafe condition. Owners of fences that are not maintained to this standard of reasonable repair shall, upon notice by the City, be required to (1) repair said fence(s) or (2) demolish said fence(s) and properly dispose of related debris within 30 days. Failure to comply within 30 days shall result in appropriate code enforcement actions.

(Ord. No. 560, § 153.102(B), 4-5-2016)

Flood hazard areas are designated by the Federal Emergency Management Agency and may occur in all zoning districts, as codified in article II of chapter 12, which provides supplementary regulations for flood hazard areas.

(Ord. No. 560, § 153.102(C), 4-5-2016)

All home occupations shall obtain a business license from the City of Box Elder before commencing operations and shall meet the following criteria and minimum standards. A customary home occupation is a gainful occupation or profession conducted by members of the family residing on the premises and conducted entirely within the dwelling. In connection with a home occupation, no stock in trade shall be displayed outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings.

1. The home occupation shall be conducted entirely within the dwelling unit and shall be conducted by the residents of the dwelling unit. No more than two non-family employees are allowed.
2. With the exception of bed and breakfasts, the area set aside for a home occupation shall not exceed 33 percent of the total floor area of the residence, including attached garages. The permissible floor area includes that space necessary for storage of goods or products associated with the home occupation.
3. Merchandise offered for sale shall be clearly incidental to the home occupation, provided that orders may be taken for later delivery to off-premises locations.
4. No toxic, explosive, flammable, combustible, corrosive, etiological, radioactive, or other hazardous material shall be stored in the residence.
5. No mechanical equipment other than that ordinarily utilized within a residence for household or hobby purposes shall be allowed.
6. No activity shall be conducted which would interfere with radio or television transmission or reception in the area, nor shall there be any offensive noise, smoke, dust, or heat noticeable beyond the premises.
7. No home occupation shall require internal or external alteration of the residence or other visible evidence of the conduct of such home occupation.
8. The operation of the home occupation shall not cause or encourage excess vehicular or pedestrian traffic not ordinarily associated with the residential area in which the home occupation is conducted.
9. If the home occupation is the type in which classes are held or instructions given, there shall be no more than six students on the premises at any one time.
10. With the exception of bed and breakfast and daycare, operation of a home occupation involving customer, student, or employee access shall be restricted to the hours between 8:00 a.m. and 9:00 p.m.
11. The following occupations subject to the requirements of this section are permitted as customary home occupations:
    1. Antiques; provided, however, that outdoor display is prohibited.
    2. Artist, sculptor, and author.
    3. Barber shop and beauty shop operated by only two members of the residence.
    4. Bed and breakfast.
    5. Daycare.
    6. Dressmaker, milliner, seamstress, tailor, and interior decorator.
    7. Professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same, provided that not more than one paid assistant shall be employed.
    8. Teaching, including tutoring, musical instruction or dancing, but limited to two pupils per teacher at any given time.
    9. Not more than 25 percent of the floor area in the structure can be used for customary home occupations.
    10. Any other similar use which the city council deems to be a home occupation.

(Ord. No. 560, § 153.102(D), 4-5-2016)

1. Location. Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than 300 feet from any established residential district.
2. Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall, excepting driveway areas, having a minimum height of eight feet (8’). Storage between the street and such fence or wall is expressly prohibited. Any fence or wall erected for screening purposes shall be within the buildable area of the lot and shall be properly painted or otherwise maintained in good condition.
3. Off-street parking. As regulated in article V of this chapter.
4. Ingress and egress. The number of vehicular access driveways permitted on any single street frontage should be limited to:
   1. One driveway where the parcel to be used has a maximum street frontage of one hundred feet (100’) or less.
   2. Two driveways where the street frontage exceeds one hundred feet (100’).
   3. Driveways used for ingress and egress shall be limited to thirty feet (30’) in width, exclusive of curb returns.

(Ord. No. 560, § 153.102(O), 4-5-2016)

1. This section shall apply to all new MHS and MHS in existence prior to January 1, 2016, if the MHS is proposing any alterations or additions of any manner.
   1. In addition to complying with applicable subdivision regulations, the following minimum criteria and standards shall be met for siting a new MHS:
      1. The MHS shall be located at least one-fourth mile from Interstate 90.
      2. The MHS shall be located at least 200 feet from railroad tracks.
      3. The visibility of the MHS from Interstate 90 shall be screened by topography or by screening with multiple intervening rows of trees and shrubs.
      4. The MHS shall be located adjacent to, and take access from, a collector or arterial street.
      5. The MHS shall not be located in a flood hazard area.
      6. The MHS shall not be located in an accident potential zone.
      7. The MHS shall not be located in a high AICUZ noise zone (>70 dB(A)).
      8. All individual lots within MHS are required to be platted. An application showing all lots, access roads and other improvements shall be reviewed as required by the City. All MHS plats shall be approved by the City prior to being filed with the county.
      9. Existing MHS shall be located in the GR-4 zoning district.
      10. The MHS shall be connected, at the owner's expense and to the City's specifications, to the City's water and sanitary sewer services.
   2. The MHS shall be located on a well-drained site; properly graded to ensure rapid drainage of the site upon which lots are to be provided. MHS shall not be located in a flood hazard area.
   3. Each MHS shall be permitted to display on each street frontage at each entrance to the property from the public right-of-way: one (1) on-premises identification sign.
   4. There shall be paved off-street parking spaces provided for each lot, which shall be on the same lot as the home served, and may be located in the required front or side yard of the lot. The parking spaces for adjoining lots shall not be continuous.
   5. There shall be established and maintained within each MHS an automobile parking area for the use of guests. The number of off-street parking spaces within this area shall be equal to one parking space for every four lots.
   6. Internal streets within an MHS shall be paved to a width of not less than 22 feet with curb and gutter and shall have no on-street parking. When approved by the Planning Commission, guest parking may be waived when paved access roads are constructed no less than 42 feet in width from back-of-curb to back-of-curb.
   7. Internal streets within an MHS shall have a curved radii of at least 50 feet at the MHS entrances and at all curves.
   8. Internal streets within an MHS shall have rolled curbing and sidewalks that are at least five feet wide on both sides of the street. Paved walking paths may be substituted for the sidewalks with Planning Commission approval.
   9. All MHS shall provide two unobstructed accesses from within the MHS to the public street.
   10. All lots shall be provided with access to an approved internalstreet system.
   11. Homes that cannot be connected to a sanitary sewer shall not be permitted in an MHS.
   12. All MHS shall provide adequate lighting for all parking areas, streets, and sidewalks. An engineered street lighting plan shall be submitted to the City’s Public Works Department for approval prior to construction.
   13. All MHS shall provide public or private park and play areas for residents at a ratio of 500 square feet for every 20 lots, and bus shelters for students. Parks and play areas must be provided level ground and not located with a drainage or flood hazard area. In no case shall a park/play area be less than 5,000 square feet.
   14. All MHS shall provide a paved, outdoor storage area, enclosed on all sides with a six-foot high opaque privacy fence, for use by its residents for the storage of licensed boats, recreational vehicles, etc. The number of parking spaces within this area shall be equal to one parking space for every four lots. Each parking space shall be not less than 500 square feet.
   15. No accessory structure larger than 200 feet shall be allowed on each lot within an MHS without a conditional use permit. (Exception: manufactured home office/maintenance structures.)
   16. No manufactured home within a MHS shall be used for commercial, industrial or other nonresidential uses. Exception: Home occupations in compliance with Sec. 44-157 of this code.
   17. All MHS access roads, parking areas, drainage structures, water service lines, and sewer service lines shall be maintained in a workmanlike manner that does not promote repeated quality-of-service complaints by MHS tenants and visitors to the City.
   18. All manufactured and factory-built homes shall be skirted within 30 days of being placed in an MHS. Failure to meet this requirement by the homeowner is deemed to be a public nuisance. Such public nuisances shall be sufficient grounds for the City to terminate water and sanitary sewer services to the home and to revoke the approved occupancy of the home.
   19. A minimum of six inches (6”) of compacted gravel or other suitable pavement material shall be installed on each lot as a pad for the manufactured or factory built home that will be occupying the site. The size of each pad shall be no less than 20 feet by 40 feet (20’ x 40’), but in no case shall be less than the size of the home occupying the lot.
   20. All lots shall be provided with a minimum four-foot-wide concrete walkway extending from the parking area to the front entrance of the manufactured or factory built home.
   21. Each lot shall be provided with, at minimum, a ten-foot by ten-foot (10’ x 10’) accessory structure for the storage of lawn care equipment, etc.

(Ord. No. 560, § 153.102(E), 4-5-2016)

Any use involving a principal structure which is not served by a sanitary sewer, when approved by the City’s Public Works Director, shall have an approved on-site sewage disposal system, in addition to other requirements that may be imposed by the City. Plans and specifications for the on-site sewage disposal system shall be approved by the State of South Dakota’s Department of Water and Natural Resources and appropriate local officials. The approval may be made contingent upon an agreement that the structure(s) will be connected to a sanitary sewer when plans indicate that such sewer will be extended or constructed and become available. The approval may further stipulate an increase in lot size to ensure appropriate septic field, drainage and relation to abutting development or any classified stream.

(Ord. No. 560, § 153.102(F), 4-5-2016)

1. A fenced play area shall be provided. No portion of the fenced play area shall be located closer than 35 feet to any public street.
2. In addition to the requirements above, the facilities, operation and maintenance shall meet the requirements of the department of social services.

(Ord. No. 560, § 153.102(P), 4-5-2016)

1. Camping - see Division 5 - Temporary Camping at a Residence
2. Habitation of an RV when used in conjunction with active building permit.
   1. An RV may be used for temporary living quarters for not more than eighteen (18) months while the occupant thereof is constructing a permanent dwelling on the same property in the following zoning districts: Agricultural District (AD), General Residential (Low-Density) (GR-1), and General Residential (Mod-Density) (GR-2).
   2. Construction of the dwelling shall start within sixty (60) days of the RV ‘s placement.
   3. Only one (1) RV shall be permitted on any parcel of land during the construction or repair of a permanent dwelling. A repair shall be considered for the purposes of this subsection when the repair will cause a condition that disallows the owner from safely occupying the inside of the home during the construction. Repairs that are minor and can be confined and completed safety within the interior while being occupied shall not be considered.
3. RV’s shall not overhang onto sidewalks or public rights-of-way, nor project into required sight triangles.

(Ord. No. 560, § 153.102(G), 4-5-2016)

The square footage of accessory buildings, sheds or storage buildings allowed in the zoning districts shown on Appendix A Land Use Matrix shall be included in the calculation of the maximum lot coverage. Such structures shall be kept in a neat workmanlike manner. No accessory structures, sheds, or storage buildings shall be allowed on a parcel in a residential zoning district until the principal residential use has been established. Accessory buildings, sheds, or storage buildings shall not be located in any required front yard.

(Ord. No. 560, § 153.102(I), 4-5-2016)

The following regulations shall apply to swimming pools:

1. 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 1 12/ feet. Private swimming pools are permitted 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 yards.
   3. The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall be maintained in good condition.
2. 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 be not closer than 50 feet to any property line of the property on which it is located.
   3. The swimming pool and all of the area used by the bathers shall be so 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 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. No. 560, § 153.102(W), 4-5-2016)

1. All proposed support structures shall be designed to be the minimum height needed to meet the service objectives of the applicant. The maximum height of a TF shall be less than 100 feet above the pre-construction level of the grade adjacent to the support structure location. This height shall be an exception to the zoning district's maximum structure height. However, a variance may be granted to allow a maximum height of up to 150 feet if the applicant's engineer (PE) licensed in the State of South Dakota certifies in writing that such a height is the sole viable option available to site the TF within City limits.
2. The minimum setback between each TF support structure and all surrounding property lines, overhead utility or transmission lines, other TFs, wind turbine towers, electrical substations, public roads, and dwelling units shall be equal to no less than 1.1 times the system height (measured from the grade adjacent to the tower pad to the highest system component, including antennas).
3. The building permit application for a TF, in addition to the requirements of this code, shall include structure plans prepared by an engineer (PE) licensed in the State of South Dakota and a certification by the PE that the structure has been designed to withstand the wind, snow, and ice loads typical of this area. The building permit application shall be submitted with the CUP application for a new tower. The building permit application shall show the number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.
4. Existing TF shall be colocated if feasible. All new TF shall be designed and made available for colocation to discourage the proliferation of TF. If colocation is not feasible, the CUP applicant shall submit a written certification of why colocation is not a viable option and that explains the alternatives considered and why those alternatives were either unacceptable or infeasible due to technical, physical, or financial reasons. If an existing support structure is listed among the alternatives, the applicant must specifically address why the support structure is not a viable option.
5. The application shall be accompanied by a letter of authorization from the property owner granting the applicant the authority to apply for the permit.
6. A proposed TF support structure intended to be built as a monopole must accommodate at least three telecommunications providers, and have a site area surrounding the monopole of sufficient size to accommodate accessory equipment for at least three telecommunications providers.
7. A proposed TF support structure intended to be built as a tower must accommodate at least four telecommunications providers, and have a site area surrounding the tower of sufficient size to accommodate accessory equipment for at least four telecommunications providers.
8. All proposed TF support structures shall be designed as stealth telecommunications facilities.
9. All ground- or pad-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. If the TF is located in a flood hazard area, the equipment shall be located more than three feet above the base flood elevation at the site.
10. All accessory equipment, including any buildings, cabinets, or shelters, shall be used only to house equipment and other supplies in support of the operation of the TF or support structure. Any equipment not used in direct support of such operation shall not be stored on the site.
11. All TFs shall comply with the setback and yard requirements of their zoning districts. TFs may be located on a parcel containing another principal use on the same site.
12. The visual impact of all accessory equipment above ground level shall be mitigated by fencing or landscaping. A mitigation plan shall be submitted with the CUP application. Fencing and landscaping materials shall be installed and maintained in a workmanlike manner.
13. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on any TF structure that is visible from any public road shall be prohibited.
14. All electrical wires associated with a TF shall be buried underground.
15. A TF support structure shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above adjacent grade.
16. A TF shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
17. A TF shall comply with all applicable state and local construction and electrical codes and the National Electrical Code.
18. A TF shall not be installed until evidence has been provided to the planning coordinator that the FAA has been informed of the applicant's intent to install a TF.
19. A TF that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. An abandoned TF shall be deemed a public nuisance.
20. A COW may be placed at any location within the city without a CUP or building permit for not more than 200 days from the date of a declaration of an emergency by the mayor.
21. A COW may be placed at any location within the city without a CUP or building permit for not more than 14 days to serve a community event declared as such by the council.

(Ord. No. 560, § 153.102(K), 4-5-2016)

1. Purpose. The purpose of the section is to provide alternative and affordable housing options within specified areas in the City for the permitting of single family homes which are smaller than 400 square feet in size, while maintaining the desired character of the neighborhood.
2. Scope. The requirements of this section shall apply to all tiny homes located within the City. Such requirements shall not be construed to prohibit or limit other applicable provisions of this chapter, this code, and other State or Federal laws.
3. Conditional use. Subject to the development standards listed in this chapter, a tiny home shall be allowed as a conditional use in the following zoning districts:
   1. GR-4: Residential - manufactured (high-density)
4. Development standards. The development standards set forth in this section shall apply to all tiny homes:
   1. Setbacks and lot coverage limitations. A tiny home shall meet the same requirements as those outlined for a primary dwelling unit located in the GR-4 zoning district.
   2. Compliance with building codes required. Tiny homes shall meet all requirements of the currently adopted building codes including egress, and life safety requirements.
   3. Tiny homes shall be connected to an approved water supply source, sewer/septic, and power (i.e. electric or solar with battery backup) utilities.
   4. Tiny homes shall be placed on a permanent foundation and all undercarriage, foundation system, and external elements below the finished floor shall be screened or constructed with architectural elements that complement the main structure.
   5. Tiny homes shall not be required to have a garage or carport. Off-street parking shall be provided in accordance with Article V. Off-Street Parking.
   6. Tiny homes shall have a minimum of three (3) of the following design features:
      1. Upgraded entry feature (i.e. transom, side windows around the entry door, etc.);
      2. Exterior accessories (i.e. permanent shutters, fixed sunshade devices, etc.);
      3. Pitched roofline (4:12 pitch or greater);
      4. Dormers;
      5. Skylights;
      6. Porch or deck;
      7. Other design features as approved by the Zoning Administrator.
      8. The provision of more than one (1) item within the same category of design features may be counted independently towards the overall minimum requirements (i.e. including both shutters and a sunshade.)
   7. Mechanical equipment shall be incorporated into the structure of tiny homes, or if placed on the ground shall be screened from view by solid fencing and/or decorative plantings. Mechanical equipment shall not be located on the roof.
5. Tiny home community/village requirements. A tiny home community/village shall be allowed as a conditional use in the Planned Development (PD) zoning district. In addition to meeting all requirements of the PD zoning district, the following requirements pertaining specifically to tiny home community/villages shall be met:
   1. Each owner of a tiny home community/village shall designate a person or company to serve as the responsible agent. The responsible agent shall:
      1. Have access and authority to assume management of the community/village and take remedial measures.
      2. Always be available to respond to potential issues and violations related to these regulations in a timely manner. For the purposes of this section, a “timely manner” shall mean within 24 hours of notification by the City.
      3. The owner shall notify the Zoning Administrator in writing of any modification to the responsible agent within five (5) days of any such modification.
   2. A ten (10) foot landscape buffer area shall be required where the tiny home community/village is adjacent to a public street/sidewalk.
   3. A tiny home may not be located closer than ten feet (10’) to the property line. The minimum distance between tiny homes and/or attached/detached accessory structures shall be ten feet (10’).
   4. Access to all tiny homes shall be from the interior of the tiny home community/village. There shall be no individual access to any tiny home from a public street.
      1. All interior drives or roadways within the tiny home community/village shall be paved with a hard surface and be a minimum width of thirty feet (30’) to provide for two-way traffic or as required by the Internal Fire Code, whichever is greater.
      2. The width of the roadway shall be exclusive of curbs and walkways, measured from the edge of pavement to the edge of the pavement.
   5. Off-street parking shall be required.
      1. Two (2) paved 10’ x 20’ parking spaces shall be required for each tiny home located within the tiny home community/village.
      2. One (1) paved 10’x20’ visitor parking space shall be required for each eight (8) tiny home located within the tiny home community/village.
   6. Designated areas for storage (i.e. boats, recreational vehicles, trailers, vehicles, etc.) within the tiny home community/village shall be provided for the sole use of the residents of the community/village. Storage areas shall be completely screened by a six-foot )6’) solid, decorative fence.
   7. A minimum of 10% of the total area shall be designated as permanent open space.
      1. Where phases are proposed for the tiny home community/village, the percentage of open space in each phase shall meet or exceed the minimum total for the specified phase area.
      2. The open space shall be available through the use of easements to all residents of the development.
      3. Streets, driveways, parking areas, buffer areas, recreation vehicle storage, and buildings shall not be included in calculating the size of permanent open space.
   8. The site plan shall provide for a system of pedestrian circulation within the community/village. The system shall connect with existing sidewalks, if any are adjacent to the property, and shall be designed to link residents with recreation facilities, school bus stops, etc.
      1. Pedestrian ways may take the form of sidewalks or walking paths with a minimum width of five feet (5’).
   9. All utilities shall be placed underground. Placement of utilities, including master meters, shall meet all requirements of the City, as well as the respective utility companies.
   10. All refuse collection areas shall be completely enclosed via a solid six-foot (6’) wall and view obstructing gate and located on a concrete surface. If the refuse collection area can be viewed directly from the exterior of the tiny home community/village from adjacent public rights-of-way, the enclosure shall also be screened with landscaping and plantings on its viewable sides.
       1. Refuse collection areas shall be readily accessible to refuse collection vehicles, without substantial encumbering of adjacent parking and vehicular access.
   11. Provisions for on-site stormwater retention, drainage, and off-site stormwater drainage both entering and leaving the property shall be as required by the City’s Engineer.
   12. Common facilities and neighborhood amenities (i.e. recreational facilities, sports courts, laundry facilities, or similar) may be permitted provided that sufficient off-street parking is provided in addition to the required spaces noted above.
       1. Outdoor lighting shall be provided at sufficient levels to ensure public safety and shall be contained to the site.

1. Purpose. The purpose of this section is to establish regulations and standards for owners of vacation home rental (VHR) properties within the City’s jurisdiction for the protection of the public’s health, safety, and welfare, and to minimize the detrimental impacts of such use to surrounding properties.
2. All Vacation Home Rentals shall obtain a Business License from the City of Box Elder before commencement of business.

The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth elsewhere herein:

1. No yard, open space or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
   1. Awnings and canopies, as provided for in the International Building Code.
   2. Bay windows and chimneys, not to exceed two feet, in front and rear yards.
   3. Driveways, curbs, sidewalks and steps; provided, however, steps or stairs to dwelling, non-enclosed, not to exceed four feet.
   4. Fences, walls and hedges, subject to the regulations as set forth in this section.
   5. Flagpoles.
   6. Garbage disposal equipment, non-permanent.
   7. Landscape features, planting boxes and recreational equipment.
   8. Open fire escapes may extend into any required yard not more than five feet.
   9. Parking spaces subject to the regulations set forth in article V of this chapter.
   10. Signs, subject to the regulations set forth in chapter 30.
   11. Terraces (open) and porches (non-enclosed) not to exceed six feet in front or rear yards.
   12. Trees, shrubs, flowers and other plants subject to the vision requirements in this section.
   13. Eaves and overhangs may extend up to 24 inches into any required yard.
2. The following regulations provide for the maximum safety of persons using sidewalks and streets, and for the maximum enjoyment of the use of property:
   1. On any corner lot where a front and side yard is required, no opaque wall, fence, sign, structure, or any plant growth which obstructs sight lines at elevations between 3 1/2 feet and ten feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections. See sight triangle definition.
   2. In any required front yard no fence, wall, hedge, or yard ornament shall be permitted above the height of four feet.
3. The purpose here is to clarify certain conditions pertaining to the use of lots and access points.
   1. In residential districts, if 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but, this regulation shall not require a front yard of a greater depth than 50 feet.
   2. Division of a lot. No recorded lot shall be divided into two or more lots by platting or metes and bounds description unless such division results in the creation of lots each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this article shall be permitted.
   3. Dwellings on small lots. Where there are existing recorded lots which do not meet the minimum lot area requirement and are under separate ownership, single-family dwellings only may be constructed as long as side yards shall be not less than five feet, the sum of the side yards shall not be less than ten feet, and as long as all other requirements, except lot size, are met.
   4. Principal uses without buildings. Where a permitted use on land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which it is located, and any other license or permit applicable to that particular use shall be obtained.
   5. An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line. Where the garage faces a side street on a corner lot, this distance shall be no less than 18 feet.

(Ord. No. 560, § 153.102(S), 4-5-2016)

1. Purpose. These regulations aim to enhance public safety, aesthetic quality, and environmental conditions by establishing standards for landscaping that contribute to stormwater management, reduce heat, and create attractive public spaces.
   
2. Applicability. Landscaping is required for all new developments, including parking areas for fifty (50) vehicles or more, and when expanding or modifying existing structure.
   
   1. Landscaping requirements are exempt for all residential developments, except apartment complexes.
      
   2. Agricultural (AG), Park Land (PK), Public Land (PUB), Open Space/Floodway (OS-1): Landscaping not required except for screening parking, storage, or non-ag structures visible from public ROW.
      
   3. Planned Development (PD): landscaping per approved PD plan supersedes base standards.
      
   4. Exceptions. In circumstances where strict application of these landscaping standards would be impractical, inconsistent with the purpose of the underlying zoning district, or would create an undue hardship, the Planning Commission may approve an alternative landscaping plan. Any approved alternative plan must demonstrate that it provides equivalent or greater aesthetic, environmental, and buffering benefits compared to the otherwise applicable standards.
      
3. Landscaping Requirements. The following requirements are considered to be a minimum and shall be approved on the basis of a landscape plan submitted by the applicant to the city, accompanied, when required, by a guarantee approved by the city attorney, and installed as per the approved plan.
   1. All required landscaping shall comply with the intent and purpose of these regulations.
   2. A maximum of twenty-five (25) percent of the required landscaping may be within the public right-of-way provided that it does not impede upon standard operations of public infrastructure.
   3. Arterial or collector street right-of-way landscaping shall be limited to shrubs, ground cover, or turf. Xeriscaping or other approved low-water landscaping techniques may also be permitted where appropriate.
   4. Parking lots of fifty (50) spaces and greater shall provide interior planter areas at a ratio of two hundred (200) square feet for every fifty (50) spaces. These interior planter areas shall provide a minimum of one (1) tree with shrubs, ground cover and/or mulch covering the base. Each parking space shall not be greater than one hundred and twenty (120) feet from either the perimeter of the parking lot or an interior planter area.
      1. Parking Lot Buffer Areas: a setback of at least five (5) feet shall be provided between the parking surface and property line where a parking lot abuts neighboring residentially used property. Exception: where a screen fence or wall is provided, the required setback may be reduced to two (2) feet.
         
      2. Parking Lot Screening: A fence, wall, berm, or shrubbery at least four feet in height and of a character necessary for adequate screening of a parking lot from adjacent residentially used property shall be provided. Where the residential property is across from the right-of-way from a parking area, screening shall be provided in all cases except when the right-of-way is an arterial street.
         
      3. Berms or other landscaping techniques may be used for all or part of the screening requirement and may be incorporated into the required setback area. Berms shall have a maximum grade of three feet horizontal to one-foot vertical and shall be sodded or planted with other acceptable living ground cover, or treated with approved xeriscaping/low-water landscaping techniques that provide adequate coverage and stabilization.
         
   5. Screening Dumpsters: All outside dumpsters or other garbage receptacles on the site shall be screened by an opaque fence or wall at a minimum six feet in height.
      
   6. Landscape Buffers. Where nonresidential uses abut residentially used or zoned property, a landscaped buffer shall be provided within the required setback. Buffers shall have a minimum width of ten (10) feet and shall include a combination of trees, shrubs, berms, fencing, and/or approved xeriscaping or low-water landscaping techniques that achieve effective screening and transition between uses. Alternative buffer designs may be approved if they meet the intent of this section.
      
   7. The amount and type of material shall be based on a point system determined by the square footage of the lot not covered by a building, where one (1) square foot is equal to one (1) point. In phased development, the building official or planning commission will determine the lot area for the purpose of this article. Trees, shrubs, grass, and ground cover, both existing and proposed, shall receive points toward landscape requirements according to the following table.
   8. 
      

      Type	Requirements	New Landscape Material	Existing Mature Landscape Material
      Large Trees	Minimum mature spread of 45 feet or Conifers reaching a mature height over 20 feet	2000 points	5000 points
      Medium Trees	Minimum mature spread of 25 feet or Conifers reaching a mature height of at least 20 feet	1000 points	2500 points
      Small Trees	Minimum mature spread of 15 feet. Conifers reaching a mature height of less than 3 feet	500 points	1500 points
      Shrubs	Minimum mature height of 2 feet	250 points	500 points
      Live Ground Cover	1 square yard	100 points	300 points
      Grass	1 square yard	10 points	10 points
      Opaque Hedge	Minimum 15 lineal feet, minimum 5 feet in height	500 points	1000 points

      
      
4. General Requirements
   
   1. Landscape Plan Approval: A landscape plan is required, ideally prepared by a landscape professional. The plan should include the following:
      
      1. Plot plan showing all existing and proposed landscape elements.
         
      2. The irrigation system should be water-efficient, using low-volume systems (drop, bubbler, or other approved water conserving methods).
         
      3. Specifications for the types, locations, and sizes of all proposed plant materials.
         
      4. These plans must be approved prior to issuance of a building permit.
         
   2. Installation. All landscaping shall be to accepted good planting procedures. All required landscaping shall be installed as per the plans submitted.
      
      1. Trees used in parking lots shall be placed far enough back from the curb to accommodate the automobile overhang, eliminating potential contact of the automobiles with the tree.
      2. When planters are utilized in or around a parking lot, a surface area shall be made available for aeration and water infiltration commensurate with the mature spread of the utilized tree types; ensuring the tree remains viable.
      3. Trees on the interior of parking lots shall be deciduous shade trees. These trees grow larger, are hardier, and provide a greater aesthetic and environmental benefits in the location than Conifers. Conifers and ornamentals are of greatest value as fence foliage in perimeter and buffer areas.
      4. Curb stops or some form of physical barrier shall be installed around plant material located within the parking lot, preventing possible damage to plant material. Stormwater runoff from parking lot areas may be collected and directed in such a manner as to provide a source of water for landscaping.
      5. Trees shall be located such that mature height and spread will not interfere with overhead power lines.
      6. Evergreen trees shall be avoided in areas where mature trees will create hazardous interruption of views to traffic or where they will create hazardous snow drifting on the parking lot, roadway, or public right-of-way.
      7. Irrigation systems should be water-efficient, using low volume systems (drip, bubbler).
      8. Plant types utilized shall be suited to the conditions of the location to minimize maintenance and irrigation needs. Approved plant types may include turf, shrubs, groundcover, native grasses, drought-tolerant plants, and xeriscaping materials. Approved plant types are listed in 34-111-2.
         
         1. Exception Process: Alternative landscape plans, including full or partial xeriscaping/low water approaches, may be approved by the Planning & Zoning Director and Public Works Director or their designees, upon finding that the plan meets the intent of these regulations by providing equivalent stormwater, aesthetic, and environmental benefits.
            
   3. Planting Criteria
      1. Trees (deciduous) Planted for the required landscaping in this section shall be a minimum of 1 1/2-inch caliper, 12 inches above grade, measured immediately after planting. Trees shall be of a species having an average mature crown spread greater than fifteen (15) feet. A list of potential tree types may be found in the City's Tree Plan.
      2. Trees (evergreen) shall be a minimum height of four (4) feet measured immediately after planting.
      3. Groundcovers shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting.
      4. Shrubs shall be a minimum of one (1) foot in height when measured immediately after planting.
      5. Synthetic lawns/plants shall not be used in lieu of plant requirements.
      6. Xeriscaping and Zeroscaping plans are permitted upon approval through the exception process above.
   4. Maintenance. The owner of the building or his manager or agent shall be responsible for the maintenance of all landscape areas, to include the right-of-way through to the roadway, which shall be maintained so as to present a healthy, neat, and orderly appearance at all times and shall be kept free of refuse and debris. Maintenance shall include the replacement of all dead plant material.
   5. Security Guarantee. If at the time of final inspection, all the requirements of these regulations have not been completed in a satisfactory manner and approved by the Building Official or his or her designee, a certificate of occupancy shall not be issued unless the builder or owner has entered into an agreement with the city for improvements and provided a monetary security guarantee. This installation and establishment of the required improvements; whereby the improvements will be made and installed without cost to the city.
      1. If a security guarantee is being utilized, the required improvements shall be installed within 12 months from the date of issuance of an occupancy permit. All required landscaping shall be installed as per the plans submitted to and approved by the Building Official. All bonds and other methods of security guarantee shall be approved by the City Attorney.
   6. Applicability. The requirements and standards for the installation and maintenance of landscape elements and site improvements set forth herein shall apply to all developing commercial, industrial, and multi-family areas within the city as per zoning ordinance. All new development or construction involving the creation of a building or parking area or the paving of a parking area shall be in full compliance with the provisions of these regulations.
   7. Nonconforming use compliance. All property with existing development on the effective date of these regulations which is not in compliance with the provisions of these regulations shall be considered nonconforming and be allowed to continue as such until a building permit is granted to enlarge, by twenty (20) percent or more, a structure or parking lot on the property; or increase the occupant load by twenty (20) percent or more. A plan showing existing and new development along with the proposed landscaping shall be submitted in full compliance with these regulations.
   8. Enforcement. These regulations shall be a minimum standard and shall apply to the incorporated area of the city. Violations will be addressed through the Administrative Citation process.

The purpose of these provisions is to establish and regulate temporary non-public camping activities or camping not otherwise subject to state regulation within the City. Any homeowner seeking to provide temporary non-public camping as described in this division shall be subject to the requirements of this division. Nonprofit organizations and licensees exempted from state campground license requirements by SDCL 34-18-20 that conduct non-public camping activities within the City shall be subject to the requirements of this division.

(Ord. No. 560, § 153.102(X), 4-5-2016)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Camper means an individual.

Camping unit means any trailer, tent camper, camper, camping cabin, tent, recreational park trailer, self-contained recreational vehicle or other equipment that may be used by the traveling public at individual campsites located at campgrounds or areas used by the public as campgrounds.

Campsite means a specific parcel of land in a campground intended for occupancy and use by a camping unit or units.

Residential parcel means a plot of land within the City shown on the equalization office records to be taxed as one parcel, containing a single-family home, used or occupied by the owner as a residence year-round together with any accessory buildings, and including such open spaces as may be required under the provisions of this division, having its principal frontage on a public highway, road, street or private road or right-of-way as meets the requirements of zoning and subdivision regulations in city ordinances.

Temporary camping, as used in this section, means camping for a period not to exceed 15 consecutive days within any 30-day period.

Temporary structure means any structure, building, enclosure, weather shelter or provision of water, electrical sewer or other utility services which is not placed on a foundation and is utilized for a period of less than 30 days.

(Ord. No. 560, § 153.102(X), 4-5-2016)

Any non-public camping on a residential parcel, or public camping limited to no more than three camping units, occurring within the City, shall require that the property owner limit those activities in compliance with the requirements of this division unless otherwise licensed by the state. Any non-public campsite or public camping with one camping unit shall be located only on a residential parcel having a single-family home, and shall only be for use by camping units, and shall not include the use of any temporary structure. No camping shall be permitted on any undeveloped lot, parcel, or nonresidential parcel adjoining the residential parcel as defined herein, or on any other unimproved or vacant lot or nonresidential parcel.

(Ord. No. 560, § 153.102(X), 4-5-2016)

No temporary non-public camping activities permitted by this division shall authorize more than three (3) camping units to stay on any residential parcel. In addition to meeting all setback requirements stated in this division, non-public camping activities shall be located at one campsite on the residential parcel.

(Ord. No. 560, § 153.102(X), 4-5-2016)

Any camping unit located within a campsite as permitted by this division shall have a front setback at least twenty five (25) feet from the back of the sidewalk or the front lot line and shall be located so as to allow a ten (10) foot access lane to an entry door of the residence. Any camping unit allowed by this division shall not be located within twenty five (25) feet of any public right-of-way, any easement dedicated for public use, or any publicly owned property.

(Ord. No. 560, § 153.102(X), 4-5-2016)

The campsite area is defined as the area excluding a combination of all setback and access requirements on the subject residential parcel. All camping units, equipment, storage containers, food and beverage items, temporary sanitation facilities, cooking area and related material or equipment shall be located within this campsite area. Only one campsite area per residential parcel shall be allowed.

(Ord. No. 560, § 153.102(X), 4-5-2016)

The homeowner shall provide sufficient off-street temporary parking for all those persons provided temporary non-public camping on that residential parcel.

(Ord. No. 560, § 153.102(X), 4-5-2016)

The soil must provide sufficient slope to ensure that no drainage or runoff caused by camping activities will go onto the adjoining property. Groundcover shall be grass, landscaping or hardscape.

(Ord. No. 560, § 153.102(X), 4-5-2016)

No permanent separate, nonresidential water supply or service facilities shall be permitted to be constructed or located outside the residence on the parcel. During the period of temporary non-public camping, the homeowner may provide temporary water service from the residence as may otherwise be permitted on a construction site by other provisions of the city ordinances.

(Ord. No. 560, § 153.102(X), 4-5-2016)

No permanent separate, nonresidential electrical service facilities shall be permitted to be constructed or located outside the residence on the parcel. During the period of temporary non-public camping, the homeowner may provide a temporary electrical service as permitted on a construction site by the IBC as adopted under other provisions of the City ordinances.

(Ord. No. 560, § 153.102(X), 4-5-2016)

1. No permanent separate, nonresidential waste water or gray water facilities shall be located outside the residence on the parcel where the campsite is located. During the period of temporary non-public camping, the homeowner may provide temporary self-contained portable toilet facilities of the type required to be provided on a construction site by other provisions of the city ordinances No waste water or gray water resulting from temporary camping shall be permitted to be disposed of in any storm sewer drainpipe or other drainage.
2. All waste water and gray water shall be disposed of only at an approved dump station or similar facility open to the public.

(Ord. No. 560, § 153.102(X), 4-5-2016)

No permanent separate, nonresidential toilet and bathing facilities shall be permitted to be located outside the residence on the parcel. All waste water or gray water resulting from any temporary toilet or bathing facilities for camping shall be disposed of only at an approved dump station or similar facility open to the public, or by the use of a temporary type facility permitted on a construction site by the IBC as adopted under other provisions of the city ordinances and plumbing code adopted by the state.

(Ord. No. 560, § 153.102(X), 4-5-2016)

The open fire requirements of this Code shall remain in effect at all times at the residential parcel at which any temporary non-public camping may occur. No open fire of any kind shall be permitted during the period in which a burning ban is in effect within the city.

(Ord. No. 560, § 153.102(X), 4-5-2016)

During the period of temporary camping, only a temporary, contained fire structure of a type permitted by other provisions of this Code shall be allowed.

(Ord. No. 560, § 153.102(X), 4-5-2016)

The homeowner shall provide the necessary temporary sanitation and garbage service of the type permitted.

(Ord. No. 560, § 153.102(X), 4-5-2016)

Storage sheds, camping cabins as defined in SDAR 44:02:12:24, or any temporary structure intended for similar or like use, shall not be permitted at any temporary campsite as defined in this section.

(Ord. No. 560, § 153.102(X), 4-5-2016)

1. RV, campground and recreational vehicle parks means a parcel of land that is intended to provide for permanent and seasonal campgrounds and recreational vehicle parks. Facilities within this designation shall be offering for rent spaces for overnight camping and for overnight parking of recreational vehicles such as camping trailers, motorhomes and coaches. Any facility designated herein shall comply with all applicable laws and regulations, including any state department of health requirements for the operation of a campground, recreational vehicle park or other such facility.
2. Setbacks shall be the distance from any facility's property line to camping or parking sites and shall not include access roads or driveways.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

1. Recreational vehicle parks.
2. Small retail convenience stores providing products and services normally associated with a campground or recreational vehicle park.
3. Recreational vehicle dumping sites which are connected to the City’s wastewater collection system and which have been approved by the City Public Works Director and appropriate fees are paid.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

Temporary vending for a period not to exceed 14 calendar days per year in conjunction with a specific event may be permitted on review.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

1. A campground or recreational vehicle park shall have a minimum area of two acres.
2. Retail and temporary vending area shall not exceed a total of 2,000 square feet or one percent of the gross area of the campground or recreational vehicle park, whichever is greater.
3. Any facility shall have a minimum front setback of twenty five (25) feet from the public right-of-way.
4. Any facility shall have a minimum side yard setback of ten (10) feet. If the side yard abuts a public right-of-way such as a side street, it shall have a minimum side yard setback of twenty five (25) feet. If the side yard abuts any residential zoning, it shall have a minimum side yard setback of fifty (50) feet.
5. Any facility shall have a minimum rear yard setback of ten (10) feet. If the rear yard abuts any residential district, it shall have a minimum rear yard setback of twenty five (25) feet.
6. Any facility shall have a minimum of one hundred (100) feet of frontage on a dedicated public right-of-way.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

No structure shall exceed 2 1/2 stories in height.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

Each facility or campground within this district shall provide sufficient on-premises parking, maneuvering, and loading space so that all parking, maneuvering and loading of camping units incidental to the use of the facility is undertaken without the use of any public right-of-way, street, alley or any private property not a part of the facility.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

Each campground, recreational vehicle park or any other such type facility located within this district shall be connected to the City’s water supply, municipal wastewater collection system, and will be serviced by a private waste collection agency.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

Each campground, recreational vehicle park or any other such type facility located within this designation, which abuts a residential district shall provide a screening in the form of a solid fence or hedge, no less than six feet in height, or provide for other appropriate means of shielding the facility from the adjacent residential properties. Plans for compliance with this screening requirement shall be approved by the Planning Commission and City Council prior to beginning construction of the facility.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

Total signage not exceeding one square foot of surface for each one lineal foot of lot frontage shall be allowed. Signs erected in conjunction with a facility permitted by this chapter shall comply with any and all applicable provisions of chapter 30.

(Ord. No. 560, § 153.102(Y), 4-5-2016)

See Chapter 12, Article II. Flood Damage Prevention and Control for requirements.