- CONDITIONAL USES
The city council may authorize by conditional use permit the uses designated in this chapter when located in a zoning district allowing such use. The city council shall impose such conditions as a part of the conditional use permit as are appropriate and necessary to insure compliance with the comprehensive plan and to protect the public health, safety and general welfare. Unless expressly modified by the board of adjustment, all regulations of the zoning district in which the conditional use is located shall apply.
(Ord. No. 21-03, 8-26-2003)
To obtain a conditional use permit, the applicant shall file a written application on a form furnished by the community development department. The application shall be submitted on or before the first day of the month in order for the conditional use permit application to be considered at the following month's planning commission meeting (e.g., file by August 1 for consideration at the September planning commission meeting). Every application shall contain the following information:
(1)
Legal description of the land upon which such conditional use is requested, together with the street address.
(2)
Name and address of each owner of the property.
(3)
Name, address, phone number and signature of the applicant.
(4)
Zoning district classification under which the property is regulated at the time of such application.
(5)
A site plan unless waived by the community development department.
(6)
Any other information concerning the property as may be requested by the community development department.
(Ord. No. 21-03, 8-26-2003; Ord. No. 21-022, 7-13-2021)
Upon the filing of an application for a conditional use permit, the applicant shall pay to the city the appropriate fee as provided by resolution of the city.
(Ord. No. 21-03, 8-26-2003)
(a)
In addition to the following information, plans shall be drawn to scale upon suitable drafting paper or provided electronically and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other relevant laws, ordinances, rules and regulations. The community development department may waive the submission of plans if the nature of the use applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter. The site plan shall contain the following:
(1)
The street address of the property and the legal description.
(2)
The name of the project and/or business.
(3)
The scale and north arrow.
(4)
All existing and proposed buildings or additions and uses.
(5)
Dimensions of all buildings.
(6)
Distance from all building lines to the property lines at the closest points.
(7)
Building height and number of stories.
(8)
Dimensions of all property lines.
(9)
Parking lots or spaces; designate each parking space, with dimensions of the parking lot, stalls and aisles.
(10)
Perimeter screening; show height, location and type of any fencing, walls or hedges.
(11)
Landscape plantings; indicate species, location and number.
(12)
Name and location of all adjacent streets, alleys, waterways and other public places.
(13)
Interior screening; show height, location and type around parking lot and dumpster.
(14)
Signage; indicate location of all freestanding signage;
(15)
Lighting; show location and type of parking lot and exterior building wall lighting.
(16)
Architecture; provide representative elevations of all buildings.
(b)
Approved plans shall not be changed, modified or altered after final approval without authorization from the city council, and all work shall be done in accordance with the approved plans.
(Ord. No. 21-03, 8-26-2003)
(a)
Setting of date. Upon the filing of an application for a conditional use permit with the community development department, accompanied by the fee as approved by resolution of the city, the community development department shall set a date for public hearing. The date for a public hearing shall be a day when the planning commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted by the planning commission. Public notice of this hearing shall be given by publishing ten days in advance in the legal newspaper of the city, the date of the hearing, and the time and place when and where all persons interested shall be given an opportunity to be heard.
(b)
Signs to be posted. Signs indicating the date, time, and location of the public hearing shall be posted on the property at least seven days prior to any public hearing held by the planning commission to consider the conditional use application. These signs shall be furnished by the city and posted by the applicant in the numbers and locations prescribed by the community development department. Signs may also be posted by the community development department. The size of each sign shall be no less than eight and one-half inches in width and 11 inches in length.
(Ord. No. 21-03, 8-26-2003; Ord. No. 15-014, § 2, 8-11-2015)
The planning commission shall submit to the city council a final report containing its recommendations on the applications for conditional use permits which it has considered. If no report is received from the planning commission in 65 days, the conditional use permit shall be considered approved by the planning commission.
(Ord. No. 21-03, 8-26-2003)
(a)
Publication of time and place. The city council shall conduct a public hearing on all applications which have been submitted to the planning commission and forwarded to the city council for public hearing. The notice of hearing shall be published ten days prior to the date of the city council hearing, and the notice shall include the time and place, when and where all persons interested shall be given an opportunity to be heard.
(b)
Posting signs. Notice of such hearing may also be required to be given by posting signs on the property. If signs are required by the community development department, the regulations as set forth in subsection 94-225(b) shall apply.
(c)
Hearing. At the public hearing on an application for a conditional use permit, the city council shall review the decisions and recommendations of the planning commission. The city council, in making its determination of such application, may amend the application in accordance with or in modification or rejection of the recommendation of the planning commission.
(Ord. No. 21-03, 8-26-2003)
Amendments to a conditional use permit shall be processed in the same manner as a conditional use permit is processed.
(Ord. No. 21-03, 8-26-2003)
A conditional use permit shall expire two years from the date upon which it becomes effective if no significant work has commenced.
(Ord. No. 21-03, 8-26-2003; Ord. No. 25-014, § I, 7-8-2025)
An existing use which is eligible for a conditional use permit which was lawfully established on October 23, 1966 shall be deemed to have received a conditional use permit and shall be provided with such permit by the city upon request, provided, however, that for any enlargement, extension, or relocation of such existing use, an application in accordance with this article shall be required.
(Ord. No. 21-03, 8-26-2003)
No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the planning commission or city council shall be again considered by the planning commission before the expiration date of six months from the date of the final action by the city council on the original application.
(Ord. No. 21-03, 8-26-2003)
If the community development director finds, at any time, that the terms, conditions and requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under said conditional use permit, or any amendment thereto, the director shall report this fact to the permittee and the planning commission. The planning commission may, after conducting a public hearing, of which the permittee shall be notified, submit a recommendation to the city council for their consideration and action. The city council may, after a public hearing of which the permittee shall be notified, revoke such conditional use permit for failure to comply with such terms, conditions and requirements, or take such other action as it may deem necessary to obtain compliance.
Any conditional use approved by the planning commission and city council shall conform to the standards for such uses as set forth below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses and the planning commission and city council may require additional requirements in their discretion. In all cases, the impact of the proposed use on the adjacent properties will be a significant consideration.
(Ord. No. 21-03, 8-26-2003)
Agricultural uses in a residential zone shall be limited to the growing and cultivation of crops. No equipment shall be stored on the premises.
(Ord. No. 21-03, 8-26-2003)
Airports shall be sited with consideration of all potential obstructions existing in the surrounding area. Consideration shall also be given to future land use patterns within all approach zones.
(Ord. No. 21-03, 8-26-2003)
This use shall not be located in an area where it could have a negative impact on adjacent properties due to its size, noise or the traffic generated from such use. The parking area shall be designed to have a minimal impact on the surrounding residential properties.
(Ord. No. 21-03, 8-26-2003)
(a)
Generally. Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be designed to have a minimal impact on surrounding residential properties.
(b)
For elderly. Special attention shall be given to the size and proximity of a parking area devoted to such uses in the Central Business District.
(Ord. No. 21-03, 8-26-2003)
These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the parking lot upon adjacent properties. The provisions set forth in division 4 of article VI of this chapter shall be adhered to and submitted prior to approval. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible.
(Ord. No. 21-03, 8-26-2003)
Such uses shall provide for an adequate number of parking spaces to store vehicles. No fuel delivery pump shall be located within 20 feet of any side lot line nor 21 feet of any front lot line. No fuel pump shall be located within 50 feet of a lot line which lies next to a residential district. Compliance with all applicable laws and ordinances is required.
(Ord. No. 21-03, 8-26-2003)
Bed and breakfast establishments shall comply with the following conditions:
(1)
They shall be limited to an accessory use within a single-family dwelling. Preference will be given to buildings with historic or other unique characteristics.
(2)
They shall be registered with the South Dakota Department of Health, maintain a guest list and provide a smoke detector in each sleeping room.
(3)
A site plan shall be submitted including the interior layout of the building and exterior design of the premises.
(4)
Not more than two guestrooms shall be used for such purposes.
(5)
Off-street parking areas for guests shall be located so as to have a minimal impact on adjacent residential property.
(6)
Signs shall be nonilluminated with a maximum area of three square feet, a maximum height of four feet, and a setback from any lot line of six feet.
(7)
Meals shall be limited to a breakfast or a brunch. Meals shall be prepared in the owner's kitchen and served only to overnight registered guests. Cooking in any guestroom is prohibited.
(8)
The length of stay of any registered guest shall not exceed 14 days during any 120-day consecutive period.
(Ord. No. 21-03, 8-26-2003)
Editor's note— At the instruction of the city, § 94-259 was deleted from this Code. Former § 94-259 pertained to boardinghouses and derived from Ord. No. 21-03, adopted Aug. 26, 2003; Ord. No. 08-04, adopted Mar. 23, 2004; and Ord. No. 01-08, § I, adopted Feb. 12, 2008.
Such uses shall be located in areas where the impact of odors and noise on residential districts will be minimized. Traffic to and from the site should not travel on residential streets.
(Ord. No. 21-03, 8-26-2003)
A brewpub shall comply with the following conditions:
(1)
The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services.
(2)
A malt beverage manufacturer's license must be obtained per state law.
(3)
An alcohol beverage license must be obtained per city ordinance.
(4)
The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons.
(5)
The method and frequency of grain shipments to the site shall be provided.
(6)
The method and frequency of spent grain disposal shall be provided.
(Ord. No. 09-10, 2-23-2010)
Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting, and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall such tower be located in any airport flight path. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
(Ord. No. 21-03, 8-26-2003)
Such facilities shall consist of a completely enclosed structure.
(Ord. No. 21-03, 8-26-2003)
Campgrounds for tents, tent trailers, and recreational vehicles should be sited with consideration for access to the property. Compliance with the following conditions is required:
(1)
Each campsite shall contain at least 2,000 square feet.
(2)
The campgrounds shall be supplied with a water supply and sewage disposal facilities, including washing, toilets, and similar facilities, all of which shall meet all applicable city codes and regulations.
(3)
Front, side and rear yards of 50 feet shall be maintained on the campground.
(4)
The access to public roads and highways shall be paved or surfaced in a manner similar to adjacent public roads and shall be approved by the city.
(5)
Access roads shall be provided to each campsite and all access roads shall have a minimum unobstructed width of 14 feet for all one-way roads, and 20 feet for all two-way roads.
(6)
Campsites shall be used by the same persons as temporary/seasonal stays only, and no stay shall exceed 60 days in any one calendar year.
(7)
No mobile homes/manufactured homes shall be located in any campground, except that one shall be permitted as an office for the campground.
(8)
All campground operators shall keep accurate records as to the length of time a person stays in the campground, and shall make said records available to any city official upon request.
(Ord. No. 21-03, 8-26-2003)
This use shall have a minimum of 40 acres. An adequate road system with parking for mourners shall be provided. Scattering areas or gardens shall be established within the interior of the cemetery.
(Ord. No. 21-03, 8-26-2003)
This use shall be located on a collector or arterial street. The parking area shall be designed to have a minimal impact on surrounding residential uses. Due to the unique character of the Business B-1 district, the establishment of the use in this district shall be subject to additional standards that require a minimum of 15 on-premises parking spaces or a site location boundary that is within 200 feet of a public parking lot.
(Ord. No. 21-03, 8-26-2003; Ord. No. 10-12, § 2, 5-8-2012)
Such uses should be located in close proximity to a public parking lot in order to supplement the parking needs of the use. All accessory activities associated with the use and the location of such activities shall be shown on a building and site layout.
(Ord. No. 39-03, § II, 12-9-2003)
(a)
All concrete, asphalt and rock crushing facilities shall be located at least 300 feet from any non-industrial or non-agriculture zoned district boundary line.
(b)
The crusher(s) and stockpiles of material shall be setback a minimum of 100 feet from the property line and/or right-of-way line.
(c)
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday when abutting agriculture or industrial zoned properties and 8:00 a.m. to 5:00 p.m. Monday through Friday when abutting properties zoned other than agriculture or industrial.
(d)
The use shall be conducted, operated and maintained in accordance with any necessary local, state and federal permits, copies of which shall be provided to and maintained on file in the community development department.
(e)
The following shall be provided with an application for a conditional use permit:
1)
A site plan drawn to scale showing the location of buildings; areas of outdoor processing and storage; fences, walls, landscaping and screening vegetation; and the location of any stream, river, lake, wetland and major topographical feature within 300 feet of the site.
2)
A dust management plan describing dust emission sources, their quantity and composition, and indicating conformance with all applicable air quality regulations.
3)
A drainage plan for stormwater management and runoff indicating conformance with all applicable stormwater regulations.
4)
A traffic plan describing the number of truck/vehicle trips the proposal will generate and the principal access routes to the facility including a description of the facility's traffic impact on the surrounding area.
(Ord. No. 25-015, § 1, 7-8-2025)
This use shall not be located near or adjacent to uses that would be negatively impacted due to fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on residential streets to reach major transportation routes. Outdoor material storage areas shall be located in the interior of the lot and away from any right-of-way. All runoff from the material storage areas or generated by the operation shall be contained on-site.
(Ord. No. 08-05, § I, 4-19-2005)
Such uses shall not be located in an area where it could have a negative impact upon adjacent properties due to its size or the traffic generated from such use.
(Ord. No. 21-03, 8-26-2003)
Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be localized in an area on the lot which will minimize the impact upon adjacent uses. Any lighting of the storage yard shall not cause a glare onto residential properties.
(Ord. No. 21-03, 8-26-2003)
This use shall include an adjacent holding facility, but not a scattering area or garden. All applicants shall comply with all applicable environmental standards and requirements.
(Ord. No. 21-03, 8-26-2003)
These uses shall be located where an adequate and safe playground can be provided. The pick-up and drop-off areas shall be designed to provide a safe access to the facility and the site should be convenient for clients.
(Ord. No. 21-03, 8-26-2003)
(a)
Facilities for distillation of products and grain terminals shall be located in a manner which minimizes the impact of odors from the plant on residential and recreation areas in the city. These facilities should be located in areas where traffic to and from the site would not travel on residential streets.
(b)
This section also applies to:
(1)
The manufacture of acid, cement, lime, gypsum, plaster of Paris, asphalt, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia.
(2)
Processing of grains, forage, toxic material, hides or furs.
(3)
Refining of fats, grease, lard, tallow or petroleum.
(4)
Smelting.
(Ord. No. 21-03, 8-26-2003)
A shelter shall be a single housekeeping entity. The parking area shall be designed to minimize its impact upon adjacent residential properties.
(Ord. No. 21-03, 8-26-2003)
This use shall be located where ample on-premise vehicle stacking is available. The site design shall provide for clear sight angles for safe pedestrian and vehicular movement on and off the site. All egress points shall be designed to permit right turns only in order to reduce traffic conflicts. Menu boards, external illumination and intercommunication systems shall be designed to have a minimal impact on adjacent property. The service window location shall be not less than 50 feet from an adjacent property. The community development department and/or traffic safety committee shall review any proposal that causes a reduction in on-street parking and submit their findings to the planning commission.
(Ord. No. 05-08, 2-12-2008)
These uses shall take special care to present an uncluttered appearance, allowing for the attractive display of machinery that is for sale, while discouraging the outside storage of any equipment, parts or materials. Inoperable machinery kept only for parts sales shall be located on the interior of the lot or screened from adjacent properties or a public right-of-way.
(Ord. No. 21-03, 8-26-2003)
The handling and storage of fertilizer and farm chemicals shall conform to all federal, state and city codes. Consideration should be given to the location of these products on the lot.
(Ord. No. 21-03, 8-26-2003)
Such uses shall locate any drive-up service window device in such a manner as to minimize its impact on adjacent properties.
(Ord. No. 21-03, 8-26-2003)
Such structures shall be located so as not to have a negative impact upon adjacent property.
(Ord. No. 21-03, 8-26-2003)
Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be regulated according to section 94-400, hard-surfaced parking, and section 94-401, screened parking.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent properties. Freight loading areas shall be screened from adjacent residential areas. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible.
(Ord. No. 21-03, 8-26-2003)
The site shall be designed to allow for the stacking of vehicles on the premises. No fuel delivery pump shall be located within 20 feet of any side lot line nor within 21 feet of any front lot line. No fuel pump shall be located within 50 feet of a lot line which lies next to a residential district. The applicant shall comply with all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
A group home shall generally be located in an area where the residents are close to services. Applicants shall provide statements as to the type of supervision the home will have and be prepared to present information on all anticipated physical changes to the structure.
(Ord. No. 21-03, 8-26-2003)
Major home occupations shall be in complete conformance with section 94-362.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in areas where the odor and noise will not be detrimental to adjacent property owners. Traffic to and from the site shall not travel on residential streets.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be within a completely enclosed building. The applicant shall comply with the provisions of all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
These uses shall generally be located in areas that are removed from the principal and minor arterials of the city. Special consideration shall be given to the inclusion of screening around the storage area.
(Ord. No. 21-03, 8-26-2003)
This use shall be located in areas where the noise generated by such use would not be a nuisance or detriment to adjacent properties. A fence separating the kennel operation from adjacent properties shall be required. Kennels within 400 feet of a residential district are not allowed. Kennels in conjunction with an animal hospital with indoor confinement may be established less than 400 feet from a residential district.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in a manner which will minimize the impact of noise on residential areas. These facilities should be located in areas where traffic to and from the site would not travel on residential streets. The impact of this use shall be minimized through screening when adjacent to main thoroughfares.
(Ord. No. 21-03, 8-26-2003)
These uses shall be located in such a manner which is not a potential hazard to adjacent properties. A site plan and other related information shall receive approval by the appropriate departments of the city prior to establishing the use. Traffic to and from the site shall not travel upon residential streets.
(Ord. No. 21-03, 8-26-2003)
These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties. Provisions set forth in division 4 of article VI shall be adhered to and submitted prior to approval.
(Ord. No. 21-03, 8-26-2003)
Such business uses shall be only those uses permitted in the respective zoning district. Provisions set forth in section 94-41 shall govern all residential uses.
(Ord. No. 21-03, 8-26-2003)
This use shall be located in areas where it would be compatible with adjacent uses. Consideration should be given to recreation area, storm shelters and landscaping. In addition, the park shall be in conformance with section 94-364.
(Ord. No. 21-03, 8-26-2003)
These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties.
(Ord. No. 21-03, 8-26-2003)
The off-site parking shall be located within a 400 foot radius of the use it is intended to serve. Parking shall be restricted by a written agreement and contain the number of spaces and length of time such spaces are reserved.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located on a collector or arterial street. Special attention shall be given to the architectural compatibility with surrounding residential properties. Consideration shall be given to the traffic generated by such use, the type of sign, the hours of operation and the character of the use. Parking shall be screened from any adjacent residential area.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located or arranged in a manner that will display larger vehicles away from a residential district boundary line or by location toward the interior of the display lot. Larger vehicles shall not impede or disrupt traffic flow within or through the display lot.
(Ord. No. 21-03, 8-26-2003)
These uses shall be located in areas where access to the facility is safe and convenient. Consideration shall be given to siting these uses away from facilities which generate large quantities of smoke, dust, noise or heavy truck traffic.
(Ord. No. 21-03, 8-26-2003)
A private lake will be allowed in some cases to be created by the mining of sand, gravel or other material. However, the mining shall be treated as a means to an end and any such plan shall stipulate a deadline after which time the mining will be terminated. A reclamation plan for the lake area and safety precautions to prevent public access to the site until such time as the mining is completed shall be provided. The developer shall be required to provide satisfactory evidence that the lake water will be of a sufficient level and quality to be an asset rather than a detriment to the neighborhood. Adjacent development shall be graded in a manner that will not permit runoff from the development to infiltrate the lake. The planning commission should examine whether or not there is a need for public access to the lake. In addition, the developer shall offer assurance that the lake will be constructed and maintained in the manner approved by the planning commission.
(Ord. No. 21-03, 8-26-2003)
This use shall be located where blasting, noise, dust or heavy truck traffic will not have a negative impact on adjacent uses. Storage, stockpiling and processing shall be located on the interior portion of the site.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be designed in a manner which will minimize the impact of traffic, noise and glare on the surrounding residential neighborhood.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in areas where the impact of heat and odors on residential and recreation areas will be minimized. Traffic to and from the site shall not travel on residential streets. Such uses shall conform to all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
This use shall provide an adequate number of parking spaces to store vehicles and shall provide an indoor storage area for parts and materials. This parking area shall be designed to minimize the impact of the lot upon adjacent properties.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar considerations. Parking should be screened from any adjacent residential areas.
(Ord. No. 21-03, 8-26-2003)
Such use shall provide an area sufficient in size and screened from view from adjacent uses for the walking of animals. The use shall be of a design and scale which would not be detrimental to adjacent residential properties.
(Ord. No. 21-03, 8-26-2003)
These uses shall be established on lots with a minimum area of two acres and one acre of land shall be provided for each horse located thereon. No pasture shall be located within the required front yard setback and no horse shall be allowed to be kept within 125 feet of any building used for human habitation other than by the owner of such animal. No fencing shall be made of barbwire or connected to an electrical current.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in areas where the impact of odors and noise on residential and recreation areas will be minimized. Traffic to and from the site should not travel on residential streets. Such uses shall conform to all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
Such uses shall conform to all federal, state and city codes and shall be designed with perimeter landscaping and/or fencing. These uses shall not be located adjacent to residential districts.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited to minimize the visual impact on surrounding uses. The ability to provide stealth design elements and adequately screen the tower base and equipment facilities from any residential buildings shall be given special consideration. Co-location is important in minimizing the visual presence of towers within the community. Therefore, construction of any new tower shall have the capacity to accommodate more than one provider. A tower designed to accommodate up to three providers shall be allowed a maximum height of 120 feet. A tower designed for up to two providers shall be allowed a maximum height of 100 feet.
(Ord. No. 30-04, § I, 1-11-2005)
Such uses shall not be located in an area where they are likely to have a negative impact on adjacent properties due to their size or the traffic generated from such use.
(Ord. No. 21-03, 8-26-2003)
Such facilities shall consist of a screened storage area where recyclable material is temporarily stored. A list of the types of recyclable material to be collected shall be approved by the city.
(Ord. No. 21-03, 8-26-2003)
Display or storage shall generally be on the interior or rear of the lot. The land area shall be sufficient to avoid backing maneuvers into the public right-of-way.
(Ord. No. 21-03, 8-26-2003)
Such uses shall have one frontage adjacent to an arterial or collector street.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar considerations. Parking should be screened from any adjacent residential areas.
(Ord. No. 21-03, 8-26-2003)
Such uses shall have no outdoor display or outdoor storage of goods or materials.
(Ord. No. 21-03, 8-26-2003)
Such uses shall screen all outdoor storage from adjacent property. Outdoor storage shall not be located in the front yard or stacked higher than the fence height. Any lighting of the storage yard shall not cause a glare onto residential properties. Internal circulation shall be provided for loading and unloading areas.
(Ord. No. 17-005, § II, 2-28-2017)
Small wind energy conversion systems shall comply with section 94-367.
(Ord. No. 38-10, § 2, 12-14-2010)
- CONDITIONAL USES
The city council may authorize by conditional use permit the uses designated in this chapter when located in a zoning district allowing such use. The city council shall impose such conditions as a part of the conditional use permit as are appropriate and necessary to insure compliance with the comprehensive plan and to protect the public health, safety and general welfare. Unless expressly modified by the board of adjustment, all regulations of the zoning district in which the conditional use is located shall apply.
(Ord. No. 21-03, 8-26-2003)
To obtain a conditional use permit, the applicant shall file a written application on a form furnished by the community development department. The application shall be submitted on or before the first day of the month in order for the conditional use permit application to be considered at the following month's planning commission meeting (e.g., file by August 1 for consideration at the September planning commission meeting). Every application shall contain the following information:
(1)
Legal description of the land upon which such conditional use is requested, together with the street address.
(2)
Name and address of each owner of the property.
(3)
Name, address, phone number and signature of the applicant.
(4)
Zoning district classification under which the property is regulated at the time of such application.
(5)
A site plan unless waived by the community development department.
(6)
Any other information concerning the property as may be requested by the community development department.
(Ord. No. 21-03, 8-26-2003; Ord. No. 21-022, 7-13-2021)
Upon the filing of an application for a conditional use permit, the applicant shall pay to the city the appropriate fee as provided by resolution of the city.
(Ord. No. 21-03, 8-26-2003)
(a)
In addition to the following information, plans shall be drawn to scale upon suitable drafting paper or provided electronically and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other relevant laws, ordinances, rules and regulations. The community development department may waive the submission of plans if the nature of the use applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter. The site plan shall contain the following:
(1)
The street address of the property and the legal description.
(2)
The name of the project and/or business.
(3)
The scale and north arrow.
(4)
All existing and proposed buildings or additions and uses.
(5)
Dimensions of all buildings.
(6)
Distance from all building lines to the property lines at the closest points.
(7)
Building height and number of stories.
(8)
Dimensions of all property lines.
(9)
Parking lots or spaces; designate each parking space, with dimensions of the parking lot, stalls and aisles.
(10)
Perimeter screening; show height, location and type of any fencing, walls or hedges.
(11)
Landscape plantings; indicate species, location and number.
(12)
Name and location of all adjacent streets, alleys, waterways and other public places.
(13)
Interior screening; show height, location and type around parking lot and dumpster.
(14)
Signage; indicate location of all freestanding signage;
(15)
Lighting; show location and type of parking lot and exterior building wall lighting.
(16)
Architecture; provide representative elevations of all buildings.
(b)
Approved plans shall not be changed, modified or altered after final approval without authorization from the city council, and all work shall be done in accordance with the approved plans.
(Ord. No. 21-03, 8-26-2003)
(a)
Setting of date. Upon the filing of an application for a conditional use permit with the community development department, accompanied by the fee as approved by resolution of the city, the community development department shall set a date for public hearing. The date for a public hearing shall be a day when the planning commission is regularly scheduled to meet as determined by the rules, policies and regulations as adopted by the planning commission. Public notice of this hearing shall be given by publishing ten days in advance in the legal newspaper of the city, the date of the hearing, and the time and place when and where all persons interested shall be given an opportunity to be heard.
(b)
Signs to be posted. Signs indicating the date, time, and location of the public hearing shall be posted on the property at least seven days prior to any public hearing held by the planning commission to consider the conditional use application. These signs shall be furnished by the city and posted by the applicant in the numbers and locations prescribed by the community development department. Signs may also be posted by the community development department. The size of each sign shall be no less than eight and one-half inches in width and 11 inches in length.
(Ord. No. 21-03, 8-26-2003; Ord. No. 15-014, § 2, 8-11-2015)
The planning commission shall submit to the city council a final report containing its recommendations on the applications for conditional use permits which it has considered. If no report is received from the planning commission in 65 days, the conditional use permit shall be considered approved by the planning commission.
(Ord. No. 21-03, 8-26-2003)
(a)
Publication of time and place. The city council shall conduct a public hearing on all applications which have been submitted to the planning commission and forwarded to the city council for public hearing. The notice of hearing shall be published ten days prior to the date of the city council hearing, and the notice shall include the time and place, when and where all persons interested shall be given an opportunity to be heard.
(b)
Posting signs. Notice of such hearing may also be required to be given by posting signs on the property. If signs are required by the community development department, the regulations as set forth in subsection 94-225(b) shall apply.
(c)
Hearing. At the public hearing on an application for a conditional use permit, the city council shall review the decisions and recommendations of the planning commission. The city council, in making its determination of such application, may amend the application in accordance with or in modification or rejection of the recommendation of the planning commission.
(Ord. No. 21-03, 8-26-2003)
Amendments to a conditional use permit shall be processed in the same manner as a conditional use permit is processed.
(Ord. No. 21-03, 8-26-2003)
A conditional use permit shall expire two years from the date upon which it becomes effective if no significant work has commenced.
(Ord. No. 21-03, 8-26-2003; Ord. No. 25-014, § I, 7-8-2025)
An existing use which is eligible for a conditional use permit which was lawfully established on October 23, 1966 shall be deemed to have received a conditional use permit and shall be provided with such permit by the city upon request, provided, however, that for any enlargement, extension, or relocation of such existing use, an application in accordance with this article shall be required.
(Ord. No. 21-03, 8-26-2003)
No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the planning commission or city council shall be again considered by the planning commission before the expiration date of six months from the date of the final action by the city council on the original application.
(Ord. No. 21-03, 8-26-2003)
If the community development director finds, at any time, that the terms, conditions and requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under said conditional use permit, or any amendment thereto, the director shall report this fact to the permittee and the planning commission. The planning commission may, after conducting a public hearing, of which the permittee shall be notified, submit a recommendation to the city council for their consideration and action. The city council may, after a public hearing of which the permittee shall be notified, revoke such conditional use permit for failure to comply with such terms, conditions and requirements, or take such other action as it may deem necessary to obtain compliance.
Any conditional use approved by the planning commission and city council shall conform to the standards for such uses as set forth below. These standards shall be construed to be the minimum requirements for any of the specified conditional uses and the planning commission and city council may require additional requirements in their discretion. In all cases, the impact of the proposed use on the adjacent properties will be a significant consideration.
(Ord. No. 21-03, 8-26-2003)
Agricultural uses in a residential zone shall be limited to the growing and cultivation of crops. No equipment shall be stored on the premises.
(Ord. No. 21-03, 8-26-2003)
Airports shall be sited with consideration of all potential obstructions existing in the surrounding area. Consideration shall also be given to future land use patterns within all approach zones.
(Ord. No. 21-03, 8-26-2003)
This use shall not be located in an area where it could have a negative impact on adjacent properties due to its size, noise or the traffic generated from such use. The parking area shall be designed to have a minimal impact on the surrounding residential properties.
(Ord. No. 21-03, 8-26-2003)
(a)
Generally. Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be designed to have a minimal impact on surrounding residential properties.
(b)
For elderly. Special attention shall be given to the size and proximity of a parking area devoted to such uses in the Central Business District.
(Ord. No. 21-03, 8-26-2003)
These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the parking lot upon adjacent properties. The provisions set forth in division 4 of article VI of this chapter shall be adhered to and submitted prior to approval. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible.
(Ord. No. 21-03, 8-26-2003)
Such uses shall provide for an adequate number of parking spaces to store vehicles. No fuel delivery pump shall be located within 20 feet of any side lot line nor 21 feet of any front lot line. No fuel pump shall be located within 50 feet of a lot line which lies next to a residential district. Compliance with all applicable laws and ordinances is required.
(Ord. No. 21-03, 8-26-2003)
Bed and breakfast establishments shall comply with the following conditions:
(1)
They shall be limited to an accessory use within a single-family dwelling. Preference will be given to buildings with historic or other unique characteristics.
(2)
They shall be registered with the South Dakota Department of Health, maintain a guest list and provide a smoke detector in each sleeping room.
(3)
A site plan shall be submitted including the interior layout of the building and exterior design of the premises.
(4)
Not more than two guestrooms shall be used for such purposes.
(5)
Off-street parking areas for guests shall be located so as to have a minimal impact on adjacent residential property.
(6)
Signs shall be nonilluminated with a maximum area of three square feet, a maximum height of four feet, and a setback from any lot line of six feet.
(7)
Meals shall be limited to a breakfast or a brunch. Meals shall be prepared in the owner's kitchen and served only to overnight registered guests. Cooking in any guestroom is prohibited.
(8)
The length of stay of any registered guest shall not exceed 14 days during any 120-day consecutive period.
(Ord. No. 21-03, 8-26-2003)
Editor's note— At the instruction of the city, § 94-259 was deleted from this Code. Former § 94-259 pertained to boardinghouses and derived from Ord. No. 21-03, adopted Aug. 26, 2003; Ord. No. 08-04, adopted Mar. 23, 2004; and Ord. No. 01-08, § I, adopted Feb. 12, 2008.
Such uses shall be located in areas where the impact of odors and noise on residential districts will be minimized. Traffic to and from the site should not travel on residential streets.
(Ord. No. 21-03, 8-26-2003)
A brewpub shall comply with the following conditions:
(1)
The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of a combined restaurant and drinking establishment and 50 percent of the total floor area of a drinking establishment without restaurant services.
(2)
A malt beverage manufacturer's license must be obtained per state law.
(3)
An alcohol beverage license must be obtained per city ordinance.
(4)
The brewery shall not produce more than 1,500 barrels of beer and ale per year. A barrel contains 31 gallons.
(5)
The method and frequency of grain shipments to the site shall be provided.
(6)
The method and frequency of spent grain disposal shall be provided.
(Ord. No. 09-10, 2-23-2010)
Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting, and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall such tower be located in any airport flight path. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
(Ord. No. 21-03, 8-26-2003)
Such facilities shall consist of a completely enclosed structure.
(Ord. No. 21-03, 8-26-2003)
Campgrounds for tents, tent trailers, and recreational vehicles should be sited with consideration for access to the property. Compliance with the following conditions is required:
(1)
Each campsite shall contain at least 2,000 square feet.
(2)
The campgrounds shall be supplied with a water supply and sewage disposal facilities, including washing, toilets, and similar facilities, all of which shall meet all applicable city codes and regulations.
(3)
Front, side and rear yards of 50 feet shall be maintained on the campground.
(4)
The access to public roads and highways shall be paved or surfaced in a manner similar to adjacent public roads and shall be approved by the city.
(5)
Access roads shall be provided to each campsite and all access roads shall have a minimum unobstructed width of 14 feet for all one-way roads, and 20 feet for all two-way roads.
(6)
Campsites shall be used by the same persons as temporary/seasonal stays only, and no stay shall exceed 60 days in any one calendar year.
(7)
No mobile homes/manufactured homes shall be located in any campground, except that one shall be permitted as an office for the campground.
(8)
All campground operators shall keep accurate records as to the length of time a person stays in the campground, and shall make said records available to any city official upon request.
(Ord. No. 21-03, 8-26-2003)
This use shall have a minimum of 40 acres. An adequate road system with parking for mourners shall be provided. Scattering areas or gardens shall be established within the interior of the cemetery.
(Ord. No. 21-03, 8-26-2003)
This use shall be located on a collector or arterial street. The parking area shall be designed to have a minimal impact on surrounding residential uses. Due to the unique character of the Business B-1 district, the establishment of the use in this district shall be subject to additional standards that require a minimum of 15 on-premises parking spaces or a site location boundary that is within 200 feet of a public parking lot.
(Ord. No. 21-03, 8-26-2003; Ord. No. 10-12, § 2, 5-8-2012)
Such uses should be located in close proximity to a public parking lot in order to supplement the parking needs of the use. All accessory activities associated with the use and the location of such activities shall be shown on a building and site layout.
(Ord. No. 39-03, § II, 12-9-2003)
(a)
All concrete, asphalt and rock crushing facilities shall be located at least 300 feet from any non-industrial or non-agriculture zoned district boundary line.
(b)
The crusher(s) and stockpiles of material shall be setback a minimum of 100 feet from the property line and/or right-of-way line.
(c)
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday when abutting agriculture or industrial zoned properties and 8:00 a.m. to 5:00 p.m. Monday through Friday when abutting properties zoned other than agriculture or industrial.
(d)
The use shall be conducted, operated and maintained in accordance with any necessary local, state and federal permits, copies of which shall be provided to and maintained on file in the community development department.
(e)
The following shall be provided with an application for a conditional use permit:
1)
A site plan drawn to scale showing the location of buildings; areas of outdoor processing and storage; fences, walls, landscaping and screening vegetation; and the location of any stream, river, lake, wetland and major topographical feature within 300 feet of the site.
2)
A dust management plan describing dust emission sources, their quantity and composition, and indicating conformance with all applicable air quality regulations.
3)
A drainage plan for stormwater management and runoff indicating conformance with all applicable stormwater regulations.
4)
A traffic plan describing the number of truck/vehicle trips the proposal will generate and the principal access routes to the facility including a description of the facility's traffic impact on the surrounding area.
(Ord. No. 25-015, § 1, 7-8-2025)
This use shall not be located near or adjacent to uses that would be negatively impacted due to fumes, dust, or runoff generated by its operation. Traffic to and from the site shall not travel on residential streets to reach major transportation routes. Outdoor material storage areas shall be located in the interior of the lot and away from any right-of-way. All runoff from the material storage areas or generated by the operation shall be contained on-site.
(Ord. No. 08-05, § I, 4-19-2005)
Such uses shall not be located in an area where it could have a negative impact upon adjacent properties due to its size or the traffic generated from such use.
(Ord. No. 21-03, 8-26-2003)
Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be localized in an area on the lot which will minimize the impact upon adjacent uses. Any lighting of the storage yard shall not cause a glare onto residential properties.
(Ord. No. 21-03, 8-26-2003)
This use shall include an adjacent holding facility, but not a scattering area or garden. All applicants shall comply with all applicable environmental standards and requirements.
(Ord. No. 21-03, 8-26-2003)
These uses shall be located where an adequate and safe playground can be provided. The pick-up and drop-off areas shall be designed to provide a safe access to the facility and the site should be convenient for clients.
(Ord. No. 21-03, 8-26-2003)
(a)
Facilities for distillation of products and grain terminals shall be located in a manner which minimizes the impact of odors from the plant on residential and recreation areas in the city. These facilities should be located in areas where traffic to and from the site would not travel on residential streets.
(b)
This section also applies to:
(1)
The manufacture of acid, cement, lime, gypsum, plaster of Paris, asphalt, fertilizer, glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia.
(2)
Processing of grains, forage, toxic material, hides or furs.
(3)
Refining of fats, grease, lard, tallow or petroleum.
(4)
Smelting.
(Ord. No. 21-03, 8-26-2003)
A shelter shall be a single housekeeping entity. The parking area shall be designed to minimize its impact upon adjacent residential properties.
(Ord. No. 21-03, 8-26-2003)
This use shall be located where ample on-premise vehicle stacking is available. The site design shall provide for clear sight angles for safe pedestrian and vehicular movement on and off the site. All egress points shall be designed to permit right turns only in order to reduce traffic conflicts. Menu boards, external illumination and intercommunication systems shall be designed to have a minimal impact on adjacent property. The service window location shall be not less than 50 feet from an adjacent property. The community development department and/or traffic safety committee shall review any proposal that causes a reduction in on-street parking and submit their findings to the planning commission.
(Ord. No. 05-08, 2-12-2008)
These uses shall take special care to present an uncluttered appearance, allowing for the attractive display of machinery that is for sale, while discouraging the outside storage of any equipment, parts or materials. Inoperable machinery kept only for parts sales shall be located on the interior of the lot or screened from adjacent properties or a public right-of-way.
(Ord. No. 21-03, 8-26-2003)
The handling and storage of fertilizer and farm chemicals shall conform to all federal, state and city codes. Consideration should be given to the location of these products on the lot.
(Ord. No. 21-03, 8-26-2003)
Such uses shall locate any drive-up service window device in such a manner as to minimize its impact on adjacent properties.
(Ord. No. 21-03, 8-26-2003)
Such structures shall be located so as not to have a negative impact upon adjacent property.
(Ord. No. 21-03, 8-26-2003)
Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be regulated according to section 94-400, hard-surfaced parking, and section 94-401, screened parking.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent properties. Freight loading areas shall be screened from adjacent residential areas. No outdoor storage shall be permitted. Major access drives shall be located on minor or collector streets whenever possible.
(Ord. No. 21-03, 8-26-2003)
The site shall be designed to allow for the stacking of vehicles on the premises. No fuel delivery pump shall be located within 20 feet of any side lot line nor within 21 feet of any front lot line. No fuel pump shall be located within 50 feet of a lot line which lies next to a residential district. The applicant shall comply with all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
A group home shall generally be located in an area where the residents are close to services. Applicants shall provide statements as to the type of supervision the home will have and be prepared to present information on all anticipated physical changes to the structure.
(Ord. No. 21-03, 8-26-2003)
Major home occupations shall be in complete conformance with section 94-362.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in areas where the odor and noise will not be detrimental to adjacent property owners. Traffic to and from the site shall not travel on residential streets.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be within a completely enclosed building. The applicant shall comply with the provisions of all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
These uses shall generally be located in areas that are removed from the principal and minor arterials of the city. Special consideration shall be given to the inclusion of screening around the storage area.
(Ord. No. 21-03, 8-26-2003)
This use shall be located in areas where the noise generated by such use would not be a nuisance or detriment to adjacent properties. A fence separating the kennel operation from adjacent properties shall be required. Kennels within 400 feet of a residential district are not allowed. Kennels in conjunction with an animal hospital with indoor confinement may be established less than 400 feet from a residential district.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in a manner which will minimize the impact of noise on residential areas. These facilities should be located in areas where traffic to and from the site would not travel on residential streets. The impact of this use shall be minimized through screening when adjacent to main thoroughfares.
(Ord. No. 21-03, 8-26-2003)
These uses shall be located in such a manner which is not a potential hazard to adjacent properties. A site plan and other related information shall receive approval by the appropriate departments of the city prior to establishing the use. Traffic to and from the site shall not travel upon residential streets.
(Ord. No. 21-03, 8-26-2003)
These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties. Provisions set forth in division 4 of article VI shall be adhered to and submitted prior to approval.
(Ord. No. 21-03, 8-26-2003)
Such business uses shall be only those uses permitted in the respective zoning district. Provisions set forth in section 94-41 shall govern all residential uses.
(Ord. No. 21-03, 8-26-2003)
This use shall be located in areas where it would be compatible with adjacent uses. Consideration should be given to recreation area, storm shelters and landscaping. In addition, the park shall be in conformance with section 94-364.
(Ord. No. 21-03, 8-26-2003)
These uses shall be of a design and scale which would not be detrimental to the neighborhood. The parking area shall be designed to minimize the impact of the lot upon adjacent properties.
(Ord. No. 21-03, 8-26-2003)
The off-site parking shall be located within a 400 foot radius of the use it is intended to serve. Parking shall be restricted by a written agreement and contain the number of spaces and length of time such spaces are reserved.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located on a collector or arterial street. Special attention shall be given to the architectural compatibility with surrounding residential properties. Consideration shall be given to the traffic generated by such use, the type of sign, the hours of operation and the character of the use. Parking shall be screened from any adjacent residential area.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located or arranged in a manner that will display larger vehicles away from a residential district boundary line or by location toward the interior of the display lot. Larger vehicles shall not impede or disrupt traffic flow within or through the display lot.
(Ord. No. 21-03, 8-26-2003)
These uses shall be located in areas where access to the facility is safe and convenient. Consideration shall be given to siting these uses away from facilities which generate large quantities of smoke, dust, noise or heavy truck traffic.
(Ord. No. 21-03, 8-26-2003)
A private lake will be allowed in some cases to be created by the mining of sand, gravel or other material. However, the mining shall be treated as a means to an end and any such plan shall stipulate a deadline after which time the mining will be terminated. A reclamation plan for the lake area and safety precautions to prevent public access to the site until such time as the mining is completed shall be provided. The developer shall be required to provide satisfactory evidence that the lake water will be of a sufficient level and quality to be an asset rather than a detriment to the neighborhood. Adjacent development shall be graded in a manner that will not permit runoff from the development to infiltrate the lake. The planning commission should examine whether or not there is a need for public access to the lake. In addition, the developer shall offer assurance that the lake will be constructed and maintained in the manner approved by the planning commission.
(Ord. No. 21-03, 8-26-2003)
This use shall be located where blasting, noise, dust or heavy truck traffic will not have a negative impact on adjacent uses. Storage, stockpiling and processing shall be located on the interior portion of the site.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be designed in a manner which will minimize the impact of traffic, noise and glare on the surrounding residential neighborhood.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in areas where the impact of heat and odors on residential and recreation areas will be minimized. Traffic to and from the site shall not travel on residential streets. Such uses shall conform to all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
This use shall provide an adequate number of parking spaces to store vehicles and shall provide an indoor storage area for parts and materials. This parking area shall be designed to minimize the impact of the lot upon adjacent properties.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar considerations. Parking should be screened from any adjacent residential areas.
(Ord. No. 21-03, 8-26-2003)
Such use shall provide an area sufficient in size and screened from view from adjacent uses for the walking of animals. The use shall be of a design and scale which would not be detrimental to adjacent residential properties.
(Ord. No. 21-03, 8-26-2003)
These uses shall be established on lots with a minimum area of two acres and one acre of land shall be provided for each horse located thereon. No pasture shall be located within the required front yard setback and no horse shall be allowed to be kept within 125 feet of any building used for human habitation other than by the owner of such animal. No fencing shall be made of barbwire or connected to an electrical current.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be located in areas where the impact of odors and noise on residential and recreation areas will be minimized. Traffic to and from the site should not travel on residential streets. Such uses shall conform to all applicable laws and ordinances.
(Ord. No. 21-03, 8-26-2003)
Such uses shall conform to all federal, state and city codes and shall be designed with perimeter landscaping and/or fencing. These uses shall not be located adjacent to residential districts.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited to minimize the visual impact on surrounding uses. The ability to provide stealth design elements and adequately screen the tower base and equipment facilities from any residential buildings shall be given special consideration. Co-location is important in minimizing the visual presence of towers within the community. Therefore, construction of any new tower shall have the capacity to accommodate more than one provider. A tower designed to accommodate up to three providers shall be allowed a maximum height of 120 feet. A tower designed for up to two providers shall be allowed a maximum height of 100 feet.
(Ord. No. 30-04, § I, 1-11-2005)
Such uses shall not be located in an area where they are likely to have a negative impact on adjacent properties due to their size or the traffic generated from such use.
(Ord. No. 21-03, 8-26-2003)
Such facilities shall consist of a screened storage area where recyclable material is temporarily stored. A list of the types of recyclable material to be collected shall be approved by the city.
(Ord. No. 21-03, 8-26-2003)
Display or storage shall generally be on the interior or rear of the lot. The land area shall be sufficient to avoid backing maneuvers into the public right-of-way.
(Ord. No. 21-03, 8-26-2003)
Such uses shall have one frontage adjacent to an arterial or collector street.
(Ord. No. 21-03, 8-26-2003)
Such uses shall be sited and designed in such a way as to minimize their impact on adjacent residential uses. Special attention shall be given to parking, lighting, the height of the structure, the traffic generated and similar considerations. Parking should be screened from any adjacent residential areas.
(Ord. No. 21-03, 8-26-2003)
Such uses shall have no outdoor display or outdoor storage of goods or materials.
(Ord. No. 21-03, 8-26-2003)
Such uses shall screen all outdoor storage from adjacent property. Outdoor storage shall not be located in the front yard or stacked higher than the fence height. Any lighting of the storage yard shall not cause a glare onto residential properties. Internal circulation shall be provided for loading and unloading areas.
(Ord. No. 17-005, § II, 2-28-2017)
Small wind energy conversion systems shall comply with section 94-367.
(Ord. No. 38-10, § 2, 12-14-2010)