(a)

Intent. These regulations are intended to allow flexibility within the subdivision and zoning regulations when a large scale residential development (LSRD) is proposed.

(b)

Scope. The regulations set forth in this section supplement the subdivision and zoning regulations pertaining to residential zoning districts.

(c)

Application procedure. An LSRD plan shall be prepared by and have the seal of an architect or engineer. It shall be submitted to the community development department on or before the 15 ^th day of any month prior to the next regularly scheduled planning commission meeting. The planning commission shall review the proposed LSRD development plan in accordance with the standards set forth in the subdivision and zoning regulations. The planning commission shall forward their recommendation to the city council who may approve or disapprove the action of the planning commission, with or without modification.

(d)

General regulations. An LSRD may be proposed in any residential zoning district and is subject to the following regulations:

(1)

The development shall have a minimum of 20 acres.

(2)

The rules, regulations and standards guiding land subdivision in the city may be modified. All proposed variances to such requirements shall be included as explanatory matter on the LSRD development plan.

(3)

Provisions in this chapter regulating land use within the city may be modified as follows:

a.

Density requirements shall be computed using lot areas, open space and neighborhood parkland. Land set aside for churches, schools and similar uses will not be included in the computation of density requirements.

b.

Lot area and frontage minimums for each lot shall be stated on the LSRD development plan.

c.

Front, side and rear yard setbacks and building heights shall be stated on the LSRD development plan. Variances to the minimum yard setback around the boundaries of the development shall not be permitted.

(4)

Additional information required on the LSRD development plan shall include trails, paths, bikeways, sidewalks, lakes, streams, landscape corridors and any other prominent natural or man-made features of the development.

(Ord. No. 21-03, 8-26-2003)

(a)

Scope of regulations. The regulations set forth in this section supplement the district regulations appearing elsewhere in this chapter.

(b)

Mechanical and telecommunication appurtenances. All necessary mechanical and telecommunication appurtenances located on a roof or attached to a sidewall and extending above the roof, including but not limited to air conditioning units, heating units, elevator penthouses, telecommunication antennae or satellite dishes shall be allowed to extend no more than 12 feet above the maximum permitted height in the district in which they are located. No appurtenances shall be allowed to project into an airport approach zone.

Exceptions:

(1)

Structures that are decorative or ornamental in nature such as but not limited to, steeples, spires, flag poles and chimneys that are accessory to the principal building or use are exempt from these regulations except when such structures project into an airport approach zone.

(2)

Manufacturing and processing facilities may install ancillary structures such as, but not limited to, vertical tanks, silos and gravity hoppers associated with their operations that have a height up to one and one-half (1.5) times the maximum height permitted in the district except when such structures project into an airport approach zone.

(c)

Accessory buildings. No accessory building located upon a residential lot shall have a height greater than that of the principal building.

(Ord. No. 21-03, 8-26-2003; Ord. No. 07-10, § 1, 2-23-2010)

(a)

Business, civic and industrial districts. The following regulations shall apply to all lots in the business, civic and industrial districts.

(1)

Arterial streets.

a.

Number of access drives.

1.

Interior lots with one frontage: One access drive shall be permitted onto any street that the lot or block abuts and two access drives shall be permitted for lots with 200 feet or more of frontage width.

2.

Corner lots with two or more frontages. Access to an arterial street shall be limited to one access drive if reasonable access is available from a street with a lower functional classification. Access from that street shall be limited to one access drive for lots with frontages of 150 feet or less and two access drives for lots with frontages over 150 feet. If two or more streets are of the same classification, access shall be determined by the city engineer based on criteria established in the engineering design standards.

b.

Location of access drives. The location point for an access drive shall be either the back of the curb or pavement edge.

1.

Access drives may be placed up to the side lot line for interior lots. Shared access is encouraged whenever possible and may be required in some cases to minimize the total number of access points and to facilitate traffic flow.

2.

Access drives shall be no closer than 100 feet from a corner for a major arterial street and 80 feet for a minor arterial street. This measurement shall be taken from the intersection of property lines at the corner. When these requirements cannot be met due to a lack of frontage width, the access drive may be located such that the radius or flare at the curb line will begin at the property line farthest from the intersection corner.

c.

Width and flare of access drives. The width of an access drive shall be measured between the face of the curbs or pavement width and at the property line.

1.

Access drives designed exclusively for either ingress or egress shall not be less than 16 feet wide.

2.

Access drives designed for both ingress and egress shall not be less than 24 feet wide.

3.

Access drives shall have a maximum width of 30 feet.

4.

The width of a shared access shall be determined by the city engineer subject to the engineering design standards criteria.

5.

Gas dispensing stations, operations involving routine semi-trailer traffic and similar uses may install access drives up to 40 feet in width.

6.

The maximum permitted flare or radius on each side of an access drive shall be determined by the city engineer based on standard engineering practices.

d.

Surfacing. Access drives from the street or curb to the property line shall be surfaced with asphalt or concrete.

(2)

Collector streets.

a.

Number of access drives.

1.

Interior lots with one frontage. One access drive shall be permitted onto any street that the lot or block abuts. Two access drives shall be permitted for lots with at least 150 feet but less than 500 feet of frontage width. Lots with 500 feet or more of frontage width shall be allowed a third access drive.

2.

Corner lots with two or more frontages. Access to a collector street shall be limited to one access drive for lots with frontages of 150 feet or less and two access drives for lots with frontages over 150 feet but less than 500 feet. Lots with 500 feet or more of frontage width shall be allowed a third access drive.

Exception: If two or more streets are of the same classification, lots shall only be allowed a third access drive onto one street.

b.

Location of access drives. The location point for an access drive shall be either the back of the curb or pavement edge.

1.

Access drives may be placed up to the side lot line for interior lots. Shared access is encouraged whenever possible and may be required in some cases to minimize the total number of access points and to facilitate traffic flow.

2.

Access drives shall be no closer than 60 feet from a corner for a major collector street and 40 feet for a minor collector street. This measurement shall be taken from the intersection of property lines at the corner. When these requirements cannot be met due to a lack of frontage width, the access drive may be located such that the radius or flare at the curb line will begin at the property line farthest from the intersection corner.

c.

Width and flare of access drives. The width of an access drive shall be measured between the face of the curbs or pavement width and at the property line.

1.

Access drives designed exclusively for either ingress or egress shall not be less than 16 feet wide.

2.

Access drives designed for both ingress and egress shall not be less than 24 feet wide.

3.

Access drives shall have a maximum width of 30 feet.

4.

The width of a shared access shall be determined by the city engineer subject to the engineering design standards criteria.

5.

Gas dispensing stations, operations involving routine semi-trailer traffic and similar uses may install access drives up to 40 feet in width.

6.

The maximum permitted flare or radius on each side of an access drive shall be determined by the city engineer based on standard engineering practices.

d.

Surfacing. Access drives from the street or curb to the property line shall be surfaced with asphalt or concrete.

(3)

Local streets.

a.

Number of access drives.

1.

Interior lots with one frontage. One access drive shall be permitted onto any street that the lot or block abuts. Two access drives shall be permitted for lots with at least 150 feet but less than 500 feet of frontage width. Lots with 500 feet or more of frontage width shall be allowed a third access drive.

2.

Corner lots with two or more frontages. One access drive shall be permitted onto any local street that the lot or block abuts. One additional access drive shall be allowed for lots with over 150 feet of frontage width.

b.

Location of access drives. The location point for an access drive shall be either the back of the curb or pavement edge.

1.

Access drives may be placed up to the side lot line for interior lots. Shared access is encouraged whenever possible and may be required in some cases to minimize the total number of access points and to facilitate traffic flow.

2.

Access drives shall be no closer than 28 feet from a corner. This measurement shall be taken from the intersection of property lines at the corner. When these requirements cannot be met due to a lack of frontage width, the access drive may be located such that the radius or flare at the curb line will begin at the property line farthest from the intersection corner.

c.

Width and flare of access drives. The width of an access drive shall be measured between the face of the curbs or pavement width and at the property line.

1.

Access drives designed exclusively for either ingress or egress shall not be less than 16 feet wide.

2.

Access drives designed for both ingress and egress shall not be less than 24 feet wide.

3.

Access drives shall have a maximum width of 30 feet.

4.

The width of a shared access shall be determined by the city engineer subject to the engineering design standards criteria.

5.

Gas dispensing stations, operations involving routine semi-trailer traffic and similar uses may install access drives up to 40 feet in width.

6.

The maximum permitted flare or radius on each side of an access drive shall be determined by the city engineer based on standard engineering practices.

d.

Surfacing. Access drives from the street or curb to the property line shall be surfaced with asphalt or concrete.

(b)

Residential districts. The following regulations shall apply to all lots in the residential districts:

(1)

No more than one access drive shall be permitted onto any street which the lot or block abuts. Exceptions are as follows:

a.

An apartment building or apartment complex, church, retirement, assisted living or skilled nursing facilities, or other assembly use on a lot or block with 150 feet or more of frontage on any collector or local street may install one additional access drive. One additional access drive onto an arterial street may be allowed by the city engineer subject to the engineering design standards criteria.

b.

Two-family dwellings and apartments may have one access drive for each attached garage where the garages are abutting a common wall, integrated into each unit or attached to opposite ends of the building.

c.

Schools. The number of access drives shall be determined by the city engineer subject to the engineering design standards criteria and following the site plan review.

(2)

The curb cut for any access drive that leads directly to a rear yard or garage may be up to 24 feet in width. A flare at the curb, up to four feet on each side, shall also be permitted. The curb cut may be widened, proportionally, from 24 to 36 feet in width, plus any flare, when it provides access to a garage that has a width of 24 to 36 feet. The maximum curb cut width for a residential lot shall be 44 feet, including the flare. The flare length for access drives leading to school bus loading and unloading zones shall be determined by the city engineer subject to the engineering design standards criteria.

(3)

If no sidewalk exists, an access drive from the curb cut to the sidewalk or property line which has direct access to a garage or rear yard, may be up to 24 feet in width at the sidewalk or property line.

Exceptions:

a.

An access drive may be expanded, proportionally, to match the width of a garage that has a width of between 24 to 36 feet.

b.

An access drive may be flared from the edge of the curb cut to match the outer edge of any approved parking area established between the garage and nearest side lot line that extends from the garage to the sidewalk or property line.

c.

In the case of an accessory building that is used as a private, detached garage, when a parking area is established on either side of the building, the access drive may be flared from the edge of the curb cut to match the outer edge of the parking area at the sidewalk or property line.

(4)

The width of a driveway which leads directly to a rear yard or to a driveway which leads directly to and has access into a garage, may be up to 24 feet in width.

Exceptions:

a.

The width of a driveway may be expanded, proportionally, to match a garage that has a width of 24 to 36 feet. This restriction only applies within the minimum front yard setback area established for the district.

b.

Expanding the width of a driveway within the minimum front yard setback area between the driveway and the side lot line facing the outer wall of an attached garage shall not exceed 12 feet for garages that have doors facing the street. However, the maximum width of any driveway shall not exceed 36 feet, including a side yard parking area when located within the minimum front yard setback area established for the district.

c.

Expanding the width of a driveway within the minimum front yard setback area on one side or the other of an accessory building that is used as a private garage shall be permitted, provided the side parking area does not exceed 12 feet in aggregate width, and further provided that the parking area leads directly to the rear or side yard.

(5)

A residential access drive shall not be closer than 20 feet from an intersection corner. This measurement shall be taken from the extension of the intersection of property lines at the property corner to the curb and then 20 feet to the nearest edge of the access drive.

(6)

Access drives may be installed contiguous to a side or rear lot line.

(7)

Access drives from the street to the sidewalk shall be surfaced with asphalt or concrete.

(Ord. No. 21-03, 8-26-2003; Ord. No. 27-04, § II, 12-14-2004; Ord. No. 08-10, § 1, 2-23-2010; Ord. No. 14-12, § 1, 6-12-2012; Ord. No. 25-002, § 1, 2-11-2025)

The regulations set forth in this section supplement the district regulations appearing elsewhere in this chapter.

(Ord. No. 21-03, 8-26-2003)

(a)

Permit required; permit objective. The City of Brookings recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the city believes that the need to protect the integrity of its residential districts is the primary concern. A zoning and use registration permit and a conditional use permit are the methods used to allow and regulate nonresidential activity within a residential district. The objective of these permits is to allow a limited commercial type activity in a residential district only to an extent that either neighbors or passersby will not be aware of the activity by any outward appearance or may be aware of the occupation because of the existence of a sign or additional traffic. It is therefore necessary to categorize home occupations as minor home occupations and major home occupations.

(b)

Minor home occupation. A minor home occupation shall be allowed upon a premises provided the occupation complies with the following:

(1)

The occupation must be conducted entirely within the principal building. No occupation, storage of goods, materials or products is allowed in any accessory building.

(2)

The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes.

(3)

The occupation does not occupy more than 500 square feet of the gross floor area of one story.

(4)

Only residents of the dwelling unit may be employed or may participate in the home occupation.

(5)

Signs shall not be permitted.

(6)

There shall be no exterior display, exterior storage or other exterior indication of the home occupation.

(7)

No occupation shall require internal alterations or involve construction features not customary in a dwelling unit. External alterations intended to create a separate entrance or other feature exclusively for the business are prohibited.

(8)

Mechanical equipment which is not customarily or ordinarily used for household or hobby purposes is prohibited.

(9)

Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited.

(10)

Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interference in radio or television receivers shall be prohibited.

(11)

The occupation shall not generate additional pedestrian or vehicular traffic (beyond that normal to the district in which it is located) nor additional vehicular parking in the neighborhood.

(12)

No on-site sales of merchandise shall be allowed nor shall on-site training promotions be permitted.

(c)

Permitted minor home occupations; enumeration. Permitted minor home occupations include but are not necessarily limited to the following:

(1)

Artist/artisan.

(2)

Professional office (author, architectural, consulting, word processing, computer programming, drafting, graphics, engineering, investment, insurance, interior design, real estate, ministerial, contracting, secretarial).

(3)

Specialty bakery/catering service.

(4)

Handicrafts.

(5)

Individual tutoring.

(6)

Individual musical instruction with no amplification.

(7)

Telephone answering.

(8)

Mail order.

(9)

Special occasion service.

(10)

Coin collection.

(11)

Sales consultant (For example, Amway, Shaklee, Avon, Mary Kay, Tupperware).

(d)

Permit procedure for minor home occupation. Application for a minor home occupation use shall be made to the community development department on a form provided by the city. The application will be evaluated using the criteria established for a minor home occupation which are the minimum conditions for approval. A site plan and/or site inspection may also be required prior to determining whether the proposed minor home occupation conforms to the criteria of this article and issuance of the permit. If the application complies with the minor home occupation criteria, and upon payment of the applicable fee, a zoning and use registration permit will be issued. In cases where the community development department determines the application is not within the scope of the minor home occupation criteria, the application will be denied or resubmitted for a conditional use permit. All permits granted shall also be subject to the requirements of section 94-50.

(e)

Major home occupation. A major home occupation shall be allowed upon a premises provided the occupation complies with the following:

(1)

The occupation is conducted entirely within the principal or accessory building.

(2)

The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes.

(3)

The occupation does not occupy more than 50 percent of the gross floor area of one story.

(4)

Residents of the dwelling unit and one person who does not reside in the dwelling unit may be employed or participate in the home occupation.

(5)

Signs shall be permitted according to the regulations for residential signs of the sign ordinance.

(6)

There shall be no exterior display, exterior storage or other exterior indication of the home occupation except for a sign.

(7)

No occupation shall require substantial internal or external alterations or involve construction features not customary in a dwelling unit.

(8)

Limited quantities of goods, products or materials associated with the home occupation shall be permitted to be stored on the premises. Storage within a garage shall not displace parking spaces required by this chapter.

(9)

Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited.

(10)

Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interference in radio or television receivers shall be prohibited.

(11)

Two on-premises parking spaces, in addition to those required for the dwelling unit, shall be provided for the home occupation.

(12)

The sale of stocks of merchandise, supplies or products may not be conducted on the premises, however, limited retail sales directly related to the home occupation may be sold to clients.

(13)

No more than one home occupation shall be permitted within any single-family dwelling.

(14)

Major home occupations that attract customers, clients or other individuals to the premises for sales or services shall not be allowed in an apartment building.

(f)

Enumeration of permitted major home occupations. Permitted major home occupations include, but are not necessarily limited to, the following:

(1)

Barbershop or beauty shop (single chair).

(2)

Tailor or seamstress.

(3)

Electrolysis.

(4)

Blade sharpening.

(5)

Gunsmithing.

(6)

Portrait studio.

(7)

Landscape maintenance.

(8)

Individual counseling.

(9)

Upholstery.

(10)

Appliance repair.

(11)

Electronic repair.

(12)

Woodworking.

(g)

Permit procedure for major home occupations. Application for a major home occupation use shall be made to the community development department on a form provided by the city. The application will be evaluated using the criteria established for a major home occupation and is subject to the requirements of article V of this chapter.

(h)

Garage, yard and rummage sales. Garage, yard and rummage sales are permitted without a permit provided they meet the following standards:

(1)

Sales may last no longer than three days.

(2)

Sales may be held no more than twice yearly.

(3)

Sales are conducted on the owner's property or one of the owners' property in the case of multiple owners.

(Ord. No. 21-03, 8-26-2003)

Sand, gravel and construction aggregate mining are regulated by South Dakota Codified Laws Title 45. Licensed operators must provide a copy of their reclamation plan to the city.

(Ord. No. 21-03, 8-26-2003)

(a)

Housing. Regulations regarding mobile homes/manufactured housing are set forth as follows: A mobile home/manufactured home located upon an individual lot that is not part of a recognized mobile home park shall be set on footings and foundations as specified by the city engineer's office.

(b)

Mobile home/manufactured housing parks. Regulations regarding mobile home/manufactured housing parks (also referred to as a "park" or "parks" in this division) shall meet the following minimum standards:

(1)

Perimeter park boundary. The park shall be surrounded by a 40-foot landscaped area along the street frontage of an arterial street, 25 feet along other street frontages and 15 feet along other park boundaries.

(2)

Streets. Private roadways or streets within a park shall have an asphalt or concrete surface 34 feet in width where parking is permitted on both sides, 27 feet in width where parking is restricted to one side only, and 24 feet wide where parking is prohibited. All parks and private streets or roadways shall have unobstructed access to a public highway or street.

(3)

Lot area. Each lot provided for the occupancy of a single mobile home/manufactured housing unit shall have an area of not less than 5,500 square feet.

a.

Front yard: There shall be a front yard on each internal street to which the lot abuts. The minimum front yard setback shall be not less than 15 feet for the principal building, 20 feet for an accessory building and ten feet for a deck. The distance shall be measured from the wall of the structure to the edge of the street surface or curb at the closest point.

b.

Side yard: An addition, deck or attached garage shall not be less than 15 feet from an adjacent home, addition, deck or attached garage. An accessory building that is more than ten feet from the principal building or additions thereto may be ten feet from an adjacent home, addition, deck or attached garage. An accessory building that is more than ten feet from the principal building or additions thereto may be six feet from an adjacent accessory building.

c.

Rear yard: A principal building or additions thereto shall not be less than 20 feet from an adjacent home, or its additions, deck or attached garage. An accessory building that is more than ten feet from the principal building or additions thereto may be ten feet from an adjacent home, addition, deck or attached garage. An accessory building that is more than ten feet from the principal building or additions thereto may be six feet from an adjacent accessory building.

(4)

Density. No park shall be permitted to have a density of more than seven mobile home/manufactured housing units per acre and each park shall consist of an area of not less than eight acres.

(5)

Expansion. Existing mobile home/manufactured housing parks may be enlarged to an area of less than eight acres provided the expansion complies with the regulations set forth in this division.

(6)

Park design. The location, size and number of lots, streets and driveways associated with a park shall be consistent with plans on file in the community development department. A master site plan shall be required and shall be adhered to unless expressly modified through procedures established by the city.

(7)

Recreational vehicles.

a.

Recreational vehicles shall only be placed on established lots or new lots meeting the minimum area and setback requirements of this chapter.

b.

A zoning and use registration permit shall be required stating the term of occupancy.

(c)

Parks established prior to May 24, 1994. Regulations regarding mobile home/manufactured housing parks established prior to May 24, 1994, shall be as follows:

(1)

Perimeter park boundaries. The park shall have a perimeter landscaped area between a right-of-way line and any principal or accessory building, entryway, deck or private street equal to the front yard setback of the district in which it is located. Other perimeter park boundaries shall have a minimum setback of seven feet for any principal building and three feet for any accessory building.

(2)

Streets. Private roadways within a park shall have an asphalt, concrete or gravel surface and shall have a minimum clear surface width of 24 feet. Streets may be required to be physically defined or marked within the court. All parks and private streets shall have unobstructed access to a public street.

(3)

Park design. The location, size and number of lots, streets and driveways associated with a park shall be consistent with plans on file in the community development department. A master site plan shall be required and shall be adhered to unless expressly modified through procedures established by the city.

a.

Lot area: Each lot provided for the occupancy of a single mobile home/manufactured housing unit shall not be reduced in size. Exception: A lot may be reduced in size to 5,500 square feet provided all setbacks are met.

b.

Spacing:

1.

A mobile home/manufactured housing unit shall not be less than 15 feet from any other mobile home/manufactured housing unit measured at the closest point. No setback minimum is required from the private roadway.

2.

An entryway, deck or other structure attached to or abutting a mobile home/manufactured home shall not be less than eight feet from any other home, entryway, deck or attached structure.

3.

An accessory building or other detached structure shall not be less than three feet from a mobile home/manufactured home, entryway, deck or attached structure on the same lot and not less than six feet from a mobile home/manufactured home, entryway, deck or attached structure on an adjacent lot.

c.

Expansion: Parks may be enlarged provided the expansion complies with the regulations set forth in section 94-364 of this chapter.

d.

Density: An increase in density regarding the number of lots or homes within a park shall require prior express approval by the city.

e.

Parking: Parking is permitted anywhere in the park except within a 25 feet front yard setback along any right-of-way.

f.

Master site plan: All site plans shall be top view plans which contain the following:

1.

Design and layout of all lots.

2.

Location of all access drives.

3.

Width and layout of all internal streets.

4.

All designated parking areas.

5.

All accessory buildings, service facilities and playgrounds provided by the park owner.

(Ord. No. 21-03, 8-26-2003)

(a)

In the A, R-1, R-1A, R-1B, R-1C, R-2, R-3, R-3A, RMH and RB-4 districts, accessory buildings and uses are limited to the following:

(1)

A private residential garage.

(2)

A storage shed, garden house, gazebo, greenhouse for flowers, vegetables, berry plants and fruit trees which are grown for personal use and consumption, or a pet shelter.

(3)

Swimming pool, tennis court, basketball court or volleyball court.

(4)

Similar uses, customarily incidental to residential uses.

(5)

No accessory building or use may be constructed or established upon a lot until the construction of the principal building has actually commenced, and no accessory buildings shall be used unless the principal building on the lot is also being used. Accessory buildings shall not be permitted in conjunction with off-site, off-street parking.

(6)

The total square footage of all accessory buildings on a lot used for residential purposes in the R-1A, R-1B, R-1C, R-2, RMH, R-3, R-3A and RB-4 districts shall not exceed 25 percent of the rear yard area or 1,000 square feet of all floors combined, whichever is less. Exceptions are as follows:

a.

Lots with apartment buildings, townhouses, condominiums and similar uses.

b

For purposes of calculating the rear yard area for a corner lot, the portion of the secondary front yard abutting the rear yard shall be included in the rear yard area.

c.

For purposes of calculating the rear yard area for double frontage lots or lots with more than two frontages, the rear yard area shall be opposite the assigned street address.

d.

The floor area of accessory buildings on lots with an area of at least one acre but less than two acres shall not exceed 1,500 square feet for all buildings combined and all floors combined or 100 percent of the largest floor area of one story of the principal building, whichever is less.

e.

The floor area of accessory buildings on lots with an area of two acres or more shall not exceed 2,000 square feet for all buildings combined and all floors combined or 100 percent of the largest floor area of one story of the principal building, whichever is less.

(b)

In the B-2, B-2A, B-3, B-4, C, I-1, I-1R and I-2 districts, accessory or maintenance buildings are limited to the following:

(1)

Accessory buildings containing not more than 120 square feet of floor area and used solely for the storage of ground maintenance equipment used on the premises.

(2)

Maintenance buildings containing not more than 120 square feet of floor area and used solely for the storage of ground maintenance equipment used on the premises, provided the lot contains two acres or more of area.

(Ord. No. 21-03, 8-26-2003; Ord. No. 04-08, 1-22-2008; Ord. No. 07-10, § 2, 2-23-2010; Ord. No. 11-12, § 2, 5-8-2012; Ord. No. 25-002, § 1, 2-11-2025)

(a)

No fuel delivery pump shall be located within 20 feet of any side lot line or right-of-way line. No fuel pump shall be located within 50 feet of the side or rear lot line abutting a residential district.

(b)

All repair work shall be done within a completely enclosed building.

(c)

All used automobile parts and dismantled vehicles shall be screened from adjacent property.

(Ord. No. 21-03, 8-26-2003)

The purpose of this section is to permit the use of a small wind energy conversion system (SWECS), as an accessory use only, in certain districts, by establishing regulations pertaining to their location, construction and operation, while protecting the public's health, safety and welfare and maintaining the aesthetic integrity of the community. Any WECS that exceeds the parameters defined for a SWECS is prohibited within the City of Brookings.

(1)

Definitions. The following definitions shall apply:

Rotor diameter means the diameter of the circle described by the moving rotor blades.

Shadow flicker means a pulsating or intermittent light effect created when sunlight is interrupted at regular intervals by the spinning rotor blades of a wind turbine.

SWECS means a structure or device consisting of a wind turbine, tower, base and associated controls or electronics. A SWECS is characterized by having a total height of 125 feet or less, a swept area of 2,000 square feet or less and a peak performance of 100 Kw or less.

SWECS tower height means the height of the tower, exclusive of the rotor blades.

SWECS height, total means the distance measured from the tower base at grade level to a blade tip positioned at its highest point.

Swept area means the area, in square feet, of the circle created by the moving rotor blades.

WECS (Wind Energy Conversion System) means a structure or device consisting of a wind turbine, tower, base and associated controls or electronics.

Wind turbine means a machine consisting of a generator, blades and tail that converts wind energy into kinetic energy for mechanical or electrical use.

(2)

Conditional use permit required. An application for a conditional use permit to erect a SWECS shall be accompanied by a site plan, drawn to scale, showing the following information:

a.

The legal description of the property.

b.

The scale of the plan and north arrow.

c.

The proposed location of the SWECS tower from all property lines and any overhead utility lines.

d.

The design and total height of the SWECS depicted as an elevation view.

e.

The location, height and use of all existing buildings on the site and on abutting parcels that are closer than four times the total SWECS height.

f.

The location of all rights-of-way.

(3)

Permit required. An application for a building permit is required prior to the construction of any SWECS. The following data shall be required before a permit is issued:

a.

Compliance with applicable local, state and federal building, electric, safety and navigation height regulations.

b.

The SWECS will not produce electromagnetic interference that would disrupt transmissions from radio, television or telecommunication microwave towers.

c.

The system must be designed to successfully and safely operate in atmospheric conditions similar to those in the City of Brookings.

(4)

Design characteristics. The following design characteristics shall be part of any SWECS installed in the City of Brookings.

a.

Towers shall be a monopole design only.

b.

The SWECS shall be off-white, light gray, or other similar neutral color and shall be nonreflective.

c.

No lighting shall be permitted, except if required by a more restrictive regulation.

d.

The lowest point of any rotor tip shall not be less than 30 feet above the ground or less than 30 feet from any structure or tree.

e.

Electrical controls, control wiring, and power lines shall be wireless or underground.

f.

Towers shall not have any climbing apparatus within 12 feet of the ground except when a six-foot-high fence with a locking gate is installed around the perimeter of the tower base.

g.

SWECS shall have a mechanical braking system that serves as a shutdown mechanism.

h.

SWECS shall have a turbine governing system that includes blade pitching, tilting or furling.

i.

SWECS shall not produce audible sound levels in excess of 60 dBA when measured at the property line of any property that contains an occupied building.

j.

SWECS shall have appropriate lightning protection for discharging electric energy to the ground.

(5)

Additional requirements.

a.

Signs are prohibited on any portion of a SWECS except for warning information related to the maximum power output, nominal voltage and maximum current and emergency shutdown procedures.

b.

The commercial sale of power is prohibited. However, power may be transmitted to an electric grid of an electric utility company through an approved interconnection.

c.

Any SWECS found to be unsafe by the city shall be repaired by its owner to meet all federal, State and local safety standards or removed within six months. If any SWECS is not operational for a period of 12 consecutive months or more, the city may request, by certified mail, a response within 45 days from its owner stating the reasons for the operational difficulty and a reasonable timetable for corrective action. If the city deems the timetable unreasonable, the SWECS' owner will be notified that the SWECS must be removed at the expense of its owner within 120 days of receipt of the notice.

d.

A shadow flicker model shall be submitted demonstrating that shadow flicker will not fall on or in any adjacent occupied building or right-of-way.

e.

Any SWECS must also comply with navigational hazard requirements set forth in article VII of chapter 22 of this Code.

(6)

Setbacks.

a.

A minimum setback of 1.5 times the total SWECS height shall be maintained between the SWECS and any structure intended for human occupation.

b.

A minimum setback of 1.1 times the total SWECS height shall be maintained between the SWECS and any property line, overhead utility line or pole or other tower structure.

(Ord. No. 38-10, § 3, 12-14-2010)

The regulations set forth in this section supplement the district regulations appearing elsewhere in this chapter.

(Ord. No. 21-03, 8-26-2003)

Where a block, lot or tract is used for a business, commercial, civic, or industrial purpose, more than one main building may be located upon the block, lot or tract, but only when such buildings conform to all yard requirements (e.g. front, side, rear) of the district in which the block, lot or tract is located.

(Ord. No. 21-03, 8-26-2003; Ord. No. 25-002, § 1, 2-11-2025)

Where a block, lot or tract is to be occupied by two or more buildings of similar use, character and architecture, each principal building shall have the minimum lot area as required for a single building on a single lot.

(Ord. No. 21-03, 8-26-2003)

(a)

An accessory building located upon a residential lot shall not be within five feet of any side or rear lot line.

Exceptions:

(1)

An accessory building that is located within ten feet of the principal building at its closest point or is set back less than 60 feet from the front lot line shall have the same side yard setback as is required for the principal building.

(2)

On corner lots, when the rear lot line abuts the side lot line of an interior lot, an accessory building located within 60 feet of the front lot line shall have the same setback from the rear lot line as is required for side yards in the district.

(3)

A detached garage which faces an alley shall not be within ten feet of the alley line.

(b)

An accessory building located upon a business, civic or industrial lot shall not be within five feet of any side or rear lot line. An accessory building shall maintain a front yard setback equal to or greater than the setback of the principal building.

(c)

An accessory building located in front of a dwelling shall have a sidewall height measured from the floor to the top of the top plate no greater than eight feet and the highest point of the roof measured from the floor to the roof peak no higher than 15 feet. An accessory building located in the side yard or rear yard of a residential lot shall have a sidewall height measured from the floor to the top of the top plate no greater than 12 feet.

(d)

An accessory building, such as a hangar, terminal or other airport-related structure shall maintain a front, side or rear yard equal to or greater than 20 feet.

(e)

An accessory building located upon a lot in the Agricultural A district and used for non-agricultural purposes shall be subject to the following:

(1)

The maximum floor area allowed shall conform to the requirements of subsection 94-122(d)3.

(2)

The front yard setback shall be no less than that of the principal building.

(3)

The side or rear yard setback shall be a minimum of ten feet.

(Ord. No. 21-03, 8-26-2003; Ord. No. 35-06, § I, 9-27-2006; Ord. No. 07-10, § 3, 2-23-2010; Ord. No. 17-003, § I, 2-28-2017; Ord. No. 25-002, § 1, 2-11-2025)

(a)

Open, unenclosed porches, decks and platforms may project into a required yard area as follows:

(1)

Ground and entry level porches, decks and platforms may project into the front yard no more than ten feet and in no case may be closer than ten feet from the front lot line.

(2)

Porches decks and platforms leading to the second story and above may project into the front yard no more than six feet and in no case may be closer than 14 feet from the front lot line.

(3)

Attached porches, decks and platforms may project into the side yard setback no more than four feet. Detached porches, decks and platforms may not encroach into the side yard setback.

(4)

Attached porches, decks and platforms may encroach into the rear yard setback a distance not greater than 20 percent of the minimum required setback. Detached porches, decks and platforms may not encroach into the rear yard setback.

(5)

Stairs and ramps leading to an approved porch, deck or platform may exceed the allowable projections described in section 94-395(a).

(b)

Cantilevered floors and adjoining wall assemblies which are not supported by a permanent foundation may project into a required yard area as follows:

(1)

Cantilevered floors and adjoining wall assemblies may be extended into a required front or rear yard setback a distance not exceeding two feet, and into a required side yard setback a distance not exceeding one foot.

(2)

The length of a cantilevered floor and adjoining wall assembly shall not exceed 14 feet or 30 percent of the total length of any side of a principal building, whichever is greater.

(Ord. No. 21-03, 8-26-2003; Ord. No. 13-12, § 1, 6-12-2012; Ord. No. 24-034, § I, 10-8-2024)

Editor's note— Ord. No. 13-12, § 1, adopted June 12, 2012, changed the title of § 94-396 from "Projection of porches, decks and platforms" to "Projections of porches, decks, platforms and cantilevered floors."

The purpose of this section is to establish regulations and performance standards for the siting of wireless communication facilities (WCFs) in a manner that will protect the public's health, safety, and welfare and maintain the aesthetic integrity of the community.

(1)

Permit required. An application for a building permit is required prior to the construction of any WCF. Compliance with all applicable building codes, navigation hazard requirements, Federal Aviation Administration regulations and section 94-164 must be achieved before a permit will be issued.

(2)

Definitions. The following definitions shall apply:

Amateur radio operator tower: A structure used for the transmission, broadcast or reception of amateur radio or citizen band signals.

Antenna: Any device that radiates or captures electromagnetic wave signals including digital and analog voice and data signals or video or microwave signals.

Antenna support structure: An existing building or structure such as, but not limited to, utility poles, light poles, signs, elevated water tanks and steeples upon which an applicant proposes to install wireless communications facilities.

Broadcast tower: A structure for the transmission of radio or television broadcast communications. This term does not include offices or studios.

Co-location/site sharing: Use of an antenna support structure or telecommunications tower by two or more wireless license holders or by one wireless license holder for more than one type of communication. This includes the placement of a WCF on a structure owned and operated by a municipal or public utility.

Distributed antenna system (DAS): A system consisting of: (1) a number of remote communications nodes deployed throughout the desired coverage area, with each node including at least one antenna, but not more than three antennas per provider, for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (3) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas.

Equipment facility: A structure used to contain ancillary equipment for a WCF, such as cabinets, pedestals and similar devices.

Height: The distance measured from the original grade to the highest point on the WCF, including the antenna(s).

Small cell facility: A wireless service facility that either meets both of the following qualifications or is within a stealth design that is consistent with the design guidelines:

1.

Each antenna is located inside an enclosure of no more than five cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than five cubic feet, however, the maximum dimensions of the antenna shall not exceed 36 inches in height and 16 inches in diameter; and

2.

Each provider's equipment enclosures shall be no larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, underground enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

Stealth: The ability of freestanding telecommunication towers to blend into the neighborhood environment at a given location and the ability to camouflage or conceal the presence of wireless communication facilities when attached to antenna support structures.

Telecommunications tower: Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. A communication tower may include, but not be limited to, radio and television towers, microwave towers, common carrier towers, cellular telephone towers and personal communication service towers.

Temporary WCF: A WCF that is placed in service for less than 180 days.

Wireless communications facilities: One or more antenna, tower, base station, antenna support structure, mechanical and/or electronic equipment, conduit, cable, fiber, wire, and associated structures, enclosures, assemblages, devices and supporting elements that generate, transmit or produce a signal used for communication that is proposed by an entity other than the city, including but not limited to radio/tv/satellite and broadcast towers, telephone service, including new microwave or cellular towers, personal wireless service facilities, DAS, small cell facilities and temporary WCF.

(3)

Siting and co-location criteria. The siting and co-location of all WCFs shall be subject to the following criteria before consideration will be given to a new site:

a.

WCFs shall be located on existing antenna support structures, such as utility poles, light poles, signs, elevated water tanks, buildings and other WCFs; or

b.

WCFs shall co-locate or site share upon existing telecommunication towers; or

c.

WCFs shall consider the use of public property and structures.

d.

If an applicant has shown a good faith effort to co-locate but has found it not to be feasible, a written statement indicating the reasons why co-location is not feasible shall be provided.

(4)

Application requirements. The following information is required prior to the siting of all WCFs. Installing antenna(s) on existing WCFs and amateur radio operator towers are exempt from these requirements.

a.

In business and industrial districts, a scaled drawing or aerial map, showing the subject property and all properties within one and one-half times the height of the proposed tower and the location of all existing buildings and structures, and the exact location of the tower and equipment facility. In residential districts, a WCF on an existing antenna support structure shall be considered through administrative review. A proposed telecommunication tower shall be considered through the conditional use permit process. An application shall be accompanied by a scaled drawing or aerial map showing the subject property and all properties within three times the height of the proposed tower and the location of all existing buildings and structures and the exact location of the tower and equipment facility.

b.

If applicable, an application must also include written documentation under a licensed engineer's stamp verifying the need for a guyed-lattice tower when no other means of antenna support structure is available due to technical engineering constraints.

c.

Procedure for administrative review for WCFs in the public right-of-way:

1.

The city shall issue a written decision concerning the application within 60 days of submission of the initial application unless (a) the city notified the applicant that its application was incomplete within 30 days of filing. If so, the remaining time from the 60-day total review time is suspended until the applicant provides the missing information, (b) extension of time is agreed to by the applicant, or (c) additional time required by processes of the Federal Aviation Administration (FAA), the state historic preservation office or the historic preservation commission, if applicable to the proposed installation, and to the extent that the same are beyond the control of the city. The running of the aforementioned 60-day period shall not otherwise be tolled.

2.

Failure to issue a written decision within 60 days shall constitute an approval of the application.

3.

The provisions of this subsection (c) do not apply to applications for facilities outside of the public rights-of-way in the municipality.

(5)

Development standards.

a.

Location and setback.

1.

Antenna: Antenna(s) that are attached to support structures are exempt from the setback requirements in the district in which they are located. The antenna(s) may extend up to five feet horizontally beyond the edge of the support structure provided it does not encroach over the property line.

2.

Telecommunication towers: A telecommunication tower shall meet the setback requirements for the district in which it is located. A telecommunication tower shall also be constructed on a lot so that it is as far away as possible from existing off-site buildings, and in no event nearer to any residential building than a distance of 100 percent of the height of the tower. A telecommunications tower shall not be closer to a residential district boundary line than 100 percent of its height. Where telecommunication towers are required to meet FAA paint and/or lighting regulations, the distance between them shall not be less than one-half mile.

3.

Equipment facilities: All equipment facilities shall meet the setback requirements for the district in which they are located.

4.

Amateur radio operator tower: All amateur radio operator towers shall meet the setback requirements for the district in which they are located.

b.

Height.

1.

Antenna(s) attached to antenna support structures may not add more than 20 feet in height to the existing building or structure to which it is attached. In residential districts, the maximum height including the antenna support structure and the antenna(s) is 100 feet.

2.

Telecommunication towers:

(i)

In all industrial districts, the tower structure shall not exceed the maximum height of 200 feet.

(ii)

In all business districts, except the RB-4, B-2A and B-5 districts, the maximum height is 100 feet.

(iii)

In the agricultural/conservation district, as depicted on the adopted future land use plan, the maximum height is 200 feet.

(iv)

In residential districts, the maximum height shall be determined through the conditional use permit process.

3.

Amateur radio operator towers shall have a maximum height of 35 feet. Exceptions: Antennas co-located upon existing structures. In addition, for every one additional foot in from the side or rear building setback lines, one additional foot in height may be added, to a maximum height of 60 feet.

4.

Broadcast towers may be erected to a height as approved by the city council upon conditional use review.

c.

Screening and landscaping. Telecommunication tower sites and equipment facilities shall be screened when there exists a clear view from adjacent residential uses. A fence, wall, berm, shrubbery or tree plantings shall be installed to a sufficient height along the perimeter or in appropriate areas in order to reduce the visual impact of the tower base and buildings. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible and may be a sufficient buffer. If a chain-link fence is erected, the fence shall have wood or plastic slats woven into the fence, open mesh windscreens installed or additional shrubbery or tree plantings located outside the fence.

d.

Illumination. Towers shall not be artificially lighted unless required by the FAA or other governing authority. Security or safety lighting for equipment facilities is permitted.

e.

Design. Towers shall be of a neutral color unless otherwise required by the FAA. Antenna(s) installed on support structures shall be of a neutral color that is the same as or compatible with the support structure. Buildings and other structures shall be made of exterior materials and colors that will blend the facilities to the natural setting and built environment. In residential districts, aesthetics is a high priority. Therefore, only a monopole design shall be permitted unless otherwise approved during the administrative review or conditional use process. In addition, incorporating stealth design into the tower and equipment facilities whenever possible will be an important factor in the review of any conditional use permit application.

f.

Maintenance. Telecommunication towers, antenna support structures, and WCFs shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard (EIA/TIA) 222 Revision G Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" as it may be updated or amended.

g.

Abandonment. Any wireless communication facility that is no longer in use shall be reported to the city by the facility owner. If a WCF is not operated for a continuous period of 12 months, it shall be considered abandoned and the owner shall remove the WCF within six months.

h.

Development standards for small cell facilities and distributed antenna systems (DAS):

1.

The applicant shall demonstrate that through location, construction, or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views from adjacent residential neighborhoods and the pedestrian environment, while retaining viable opportunities for future collocation, provided applications for designs consistent with the design guidelines provided for in subsection (5)e. of this section shall be deemed to have met the requirement of this subsection.

2.

Documentation of the number of other entities desiring to use the telecommunications facility that can be accommodated within the design parameters of the telecommunications facility as proposed.

3.

A statement indicating the owner's commitment to allow feasible shared use of the facility within its design capacity for collocation.

4.

The proposed site plan and design plans meet or exceed all applicable standards, including without limitation those of the FAA, Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. The telecommunications facility must comply with building codes and other federal, state, and local regulations, applicant must also comply with applicable historic preservation ordinances of the city.

5.

With respect to telecommunication facilities within public rights-of-way:

a.

Support structures and above-ground transmission equipment shall be located outside the pedestrian portion of any sidewalk.

b.

New telecommunication facility support structures may not be erected to a height greater than the height of surrounding utility poles or street lights, whichever is greater. If no utility poles are present, the total height shall be built to a maximum height of 35 feet, including antennas, lightning rods or other extensions. All new proposed structures, or a stealth telecommunications support structure replacing an existing support structure or alternative structure, within the right-of-way shall be designed for a minimum of two wireless communication facility providers.

c.

Telecommunication facilities shall be constructed consistent with the design requirements of the community development department, and, where applicable, the historic preservation commission.

(Ord. No. 21-03, 8-26-2003; Ord. No. 30-04, § II, 1-11-2005; Ord. No. 17-008, § I, 5-23-2017)

Regulations pertaining to satellite dishes are as follows:

(1)

Satellite dishes anchored in the ground shall not encroach into any required yard area.

(2)

Satellite dishes attached to the roof of a building shall not extend more than 12 feet above the existing height of the building.

(3)

Satellite dishes shall be constructed and anchored according to the manufacturer's instructions.

(4)

Satellite dishes attached to the side of a building shall not encroach over any property line.

(5)

Satellite dishes one meter or less in diameter in any residential district and two meters or less in diameter in any business or industrial district are exempt from any permit requirements.

(Ord. No. 21-03, 8-26-2003)

(a)

Regulations generally.

1.

Regulations regarding fences and walls are as follows: In all residential districts and on lots used principally for residential purposes in any business or industrial district, privacy fencing utilizing solid board or other similarly designed fences and walls shall not exceed 48 inches in height when located between the front lot line and the principal building. Fences and walls on any other part of a lot may not exceed six feet in height when located within the minimum required setback area. The height of such walls and fences shall be determined by measurement from the ground level at the lowest grade within three feet of either side of such fence or wall.

a.

Fences, walls, and hedges, shall be a maximum of 30 inches in height in the sight triangle as referenced in section 94-407.

b.

Fences with a design that results in 70 percent or more of open space from the grade to the top may be permitted in the required site triangle.

2.

Regulations regarding hedges are as follows: In all residential districts and on lots used principally for residential purposes in any business or industrial district, privacy hedges shall not exceed six feet in height when located between the front lot line and the principal building. The height of such hedges shall be determined by measurement from the ground level at the lowest grade within three feet of either side of such hedge.

a.

Hedges shall be a maximum of 30 inches in height in the sight triangle as referenced in section 94-407.

(b)

Exceptions.

1.

Fences and walls up to six feet in height may be placed in a front yard opposite the street address of a lot abutting an arterial or collector street where:

a.

The lot is a double frontage lot; and

b.

The lot is not adjacent to an alley which accesses onto the arterial or collector street; and

c.

The lot is not a corner lot; and

d.

No driveways exit onto the arterial or collector street; and

e.

The fence or wall is set back four or more feet from the front property line.

2.

Fences and walls up to six feet in height may be placed in a front yard opposite the street address of a lot abutting a local street where:

a.

The lot is a double frontage lot; and

b.

The fence or wall meets the minimum required setback of the district the lot is located in.

(c)

In all business, civic, and industrial districts, fences up to eight feet in height may be erected within 20 feet of any front property line and up to any side or rear property line. Exception: Fences shall not be erected between a lot line and any areas required to be landscaped. This provision shall not prohibit the screening of outdoor storage of materials and inventory as required by other sections of this chapter.

(Ord. No. 21-03, 8-26-2003; Ord. No. 06-10, § 1, 2-23-2010; Ord. No. 17-026, § I, 1-9-2018; Ord. No. 19-015, § 1, 8-27-2019; Ord. No. 25-002, § 1, 2-11-2025)

(a)

Purpose and intent. The city recognizes the health, safety, aesthetic, ecological and economic value of landscaping and screening. The provisions of this section are intended to:

(1)

Add visual interest to open spaces and blank facades;

(2)

Soften dominant building mass;

(3)

Provide definition for public walkways and open space areas;

(4)

Ensure significant tree canopy shading to reduce glare and heat build-up;

(5)

Improve the visual quality and continuity within and between developments;

(6)

Provide screening and mitigation of potential conflicts between activity areas and more passive areas;

(7)

Protect and improve property values;

(8)

Improve air quality and provide a buffer from air and noise pollution;

(9)

Ensure safe and aesthetic treatment of ponding areas;

(10)

Enhance the overall aesthetic conditions within the city;

(11)

Limit sight line obstructions and drainage conflicts; and

(12)

Prevent conflicts with utilities.

(b)

Landscape plans.

(1)

Except for single-family, two-family, and property zoned agricultural, airport, or floodway district, a landscape plan must be submitted:

a.

With any application for new development;

b.

With any application for additions or modifications to existing development that physically impacts existing landscaping or screening; or

c.

When changes are made to an existing landscaping or screening plan on file with the city.

(2)

Landscape plans must be reviewed and approved by the community development department.

(3)

Landscape plans must include the following information:

a.

Name of project, owner and developer.

b.

Street address of project.

c.

Scale (not less than one inch = 30 feet) and north arrow.

d.

All existing and proposed property lines.

e.

Above and below ground utilities and easements.

f.

Locations of existing and proposed buildings and all other structures.

g.

Location, identification and sizes of existing trees, shrubs and other vegetation that are to be retained as part of the landscaping.

h.

Location, identification and sizes of new trees, shrubs and other vegetation to be part of the landscaping.

i.

Location, width and height of all earth berms and retaining walls.

j.

Soil mix and depth for parking lot islands.

k.

Planting schedule.

(c)

Landscaping standards.

(1)

Soil surface stabilization. All disturbed areas outside of designated planting beds must be permanently stabilized with an established plant or xeriscaping soil cover.

(2)

Minimum number of trees. Except for single-, two-family, and agricultural uses, developments must at a minimum provide the following numbers of trees on site:

a.

One tree for the first 4,000 square feet of surfaced area.

b.

One tree for each additional 3,000 square feet of surfaced area.

c.

Existing healthy deciduous trees greater than four caliper inches or existing healthy conifer trees greater than six feet in height and are not identified on the city's prohibited plant species list (see section 62-161) may be credited toward the minimum required trees on a site.

(3)

Minimum tree size. Each tree shall be balled and burlapped, container grown or planted by tree spade and shall meet the following minimum requirements at the time of planting:

a.

Deciduous trees must be at least one and one-half caliper inches at planting;

b.

Ornamental trees must be at least one and one-half caliper inches at planting; and

c.

Conifer trees must be at least six feet in height at planting.

(4)

Interior parking lot landscaping. The purpose of interior parking lot landscaping is to improve the appearance of parking lots, provide shade, and improve stormwater infiltration. All parking lots with 20,000 square feet or more of surfacing shall be landscaped in accordance with the following interior parking lot standards.

a.

Twenty percent of the trees required in section 94-399(c)(2) shall be planted in parking lot islands. Parking lot islands are raised or depressed non-traffic areas often containing landscape plantings in off-street parking lots, the placement of which is intended to improve safety and an orderly flow of traffic and to visually break up large expanses of surfacing.

b.

A minimum of one deciduous tree must be provided per parking lot island, with the following exceptions:

1.

No trees are required in parking islands used for stormwater management purposes; and

2.

No trees are required in parking islands within structured parking facilities.

c.

Parking lot island soils shall be over-excavated and backfilled with 1,000 cubic feet of soils suitable to support tree growth.

(5)

Minimum landscape area. An area for landscaping, equivalent to the setback requirements, kept free of parking, storage, merchandise, or accessory structures, must be provided around the perimeter of a site with the following exceptions:

a.

Business, civic and industrial uses shall provide a minimum ten-foot-wide landscape area along any right-of-way and five feet along a side lot line.

b.

Single-family and two-family uses may have accessory structures, access drives, and parking located within the required landscape area provided not less than 50 percent of the rear yard is maintained in living ground cover.

c.

Walkways, trails, driveways, bus shelters and entrance drives leading to a parking or loading area may be located within the landscape area. Walkways abutting driveways shall be clearly delineated and reserved strictly for pedestrian use.

d.

Detention/retention ponds may be located within the minimum landscape area.

e.

Front yards of lots with residential uses shall be devoted entirely to landscaped area except for the necessary surfacing of driveways and walkways used to reach parking and loading areas. Walkways abutting driveways shall be clearly delineated and reserved strictly for pedestrian use.

(6)

Foundation plantings. A minimum planting strip of three feet shall be installed along all building foundations. Foundation plantings shall consist primarily of shrubs, perennials, and native grasses.

Exceptions:

a.

Building foundations directly abutting a public sidewalk, public plaza, or other public hardscape feature shall be exempt from the foundation plantings.

b.

Business, civic and industrial uses shall install plantings along foundations facing a public right-of-way. However, in business, civic and industrial districts, corner lots may incorporate the total required square footage of foundation plantings into a landscape area adjacent to the building foundation along the street right-of-way with the highest classification or at the primary entrance to the building.

c.

Single-family, two-family, and agricultural uses are exempt from foundation plantings.

(7)

Streetscape. In areas where a district or street specific streetscape plan has been adopted by the city council, development must provide landscaping as set forth in the district or street specific streetscape plan. Streetscape plantings located within the property lines of the site may be credited toward the required number of trees and shrubs. Streetscape plantings in the public right-of-way shall not be credited toward the required number of trees and shrubs. Landscaping placed or removed in the public right-of-way must receive city approvals for right-of-way plantings and must conform with city right-of-way planting policies.

(d)

Maintenance.

(1)

Material maintenance. The property owner must maintain all landscaping and screening materials shown on the approved landscape plan in a manner consistent with the intent and purpose of the plan. Approved landscaping and screening materials that die, become diseased or are significantly damaged must be replaced at the next appropriate planting period with new materials in conformance with the approved landscape plan and applicable city code standards.

(2)

Structure maintenance. Landscaping and screening structures such as fences and walls must be maintained in good condition, free of graffiti, peeling paint, decay or warping, must be repaired when needed and replaced periodically to maintain a structurally sound condition.

(3)

Removal. Unless a modified landscape plan is approved, landscaping and screening materials and structures approved on a landscape plan must not be removed except when replaced in accordance with this section.

(e)

Redevelopment compliance.

(1)

Redevelopment or large addition. When either full redevelopment of a site is proposed or an addition that would increase total floor area on a site by 25 percent or more, a landscape plan for the entire site, demonstrating compliance with the requirements of this section, must be submitted for approval.

(2)

Small addition. When an addition is proposed that would increase total floor area on a site by less than 25 percent, but would physically impact existing landscaping, a modified landscape plan for the portion of the site affected by the addition, demonstrating compliance with the requirements of this section, must be submitted for approval.

(3)

Constrained sites. The city recognizes that highly constrained redevelopment sites may have difficulty meeting the landscaping requirements. Given that the city seeks to encourage rather than impede redevelopment, highly constrained redevelopment sites may seek relief from the landscape standards through the planned development process. In considering planned development flexibility to landscape standards, the city shall:

a.

Balance the public interest in promoting redevelopment with the public interest in providing landscaping; and

b.

Consider whether reduced landscaping levels are balanced by alternative methods of providing visual interest to the site including but not limited to sculpture, public art or higher quality landscaping materials.

(Ord. No. 21-03, 8-26-2003; Ord. No. 17-034, § 1, 1-9-2018; Ord. No. 25-002, § 1, 2-11-2025)

(a)

Purpose and intent. The purpose of the bufferyard regulations are to:

(1)

Promote attractive development and preserve the appearance and character of the surrounding areas through the use of landscaping and other buffers;

(2)

Mitigate and minimize conflicts between certain adjacent zoning districts and the variable intensity of land uses;

(3)

Provide for quality development and a greater mixing of land uses without compromising the integrity and character of residential neighborhoods by using a combination of setbacks, visual buffers, and barriers;

(4)

Establish a greater sense of privacy and alleviate physical and vertical intrusions based on the intensity of land uses;

(5)

Enhance safety and security of properties by requiring physical separation measures;

(6)

Protect and improve property values while encouraging the efficient use of land;

(7)

Establish bufferyard compatible with drainage and utility infrastructure;

(8)

Prescribe standards for the development and maintenance of trees, vegetation, fences, and walls.

(b)

Definition, applicability of bufferyards, and general standards.

(1)

A bufferyard is a unit of yard or setback combined with landscaping, trees, a fence, wall, and/or continuous shrubs intended to provide a physical and aesthetic barrier between land uses.

(2)

Bufferyards are required when certain zoning districts abut one another as shown on Table 1.1. Types of required bufferyards are established in Table 1.2.

(3)

Bufferyard standards apply to all new development, new buildings, redevelopment, and additions located in the required bufferyard.

(4)

When a bufferyard is required, a landscape plan meeting the criteria of subsection 94-399(b) shall be submitted and approved by the community development department prior to a building permit for the site being issued. In addition to the criteria above, the landscape plan shall also show the adjacent land uses and districts, bufferyard setbacks, height of trees and vegetation at planting and maturity, type and location of proposed fencing, walls, and or berms, and the proposed location and spacing of trees and shrubs.

(5)

Existing vegetation that otherwise satisfies the requirements of this section may be used as a credit.

(6)

Bufferyard areas shall generally be maintained as landscaped areas with grass and mulch for ground cover.

(7)

Required bufferyard improvements shall be installed prior to a certificate of occupancy being issued on the developing site. The community development director may allow up to a nine month extension for inclement weather.

(c)

Bufferyard location.

(1)

Bufferyards shall be located along a side and/or rear property line as shown in Table 1.1. They shall be located along the perimeter of the lot extending inward from the property line and shall run parallel to the subject property along its entire rear and/or side yard. Required fencing, solid walls, and continuous shrubs shall not be located within first 20 feet of the front yard.

(2)

The bufferyard shall be located entirely on the property in which the development is occurring.

(3)

Bufferyards shall not obscure a clear line of sight for vehicular traffic as required in section 94-407 intersection safety zones.

(d)

Bufferyard requirements.

(1)

Bufferyards are required in accordance with the following table:

Table 1.1

*Applicable only to structures over 30 feet in height.

(2)

Bufferyard types. The following bufferyard types are hereby established and shall provide the requirements for each type of bufferyard referenced in Table 1.1. The table prescribes the minimum widths and landscaping for bufferyards:

Table 1.2

(3)

Specific standards and encroachments.

a.

Bufferyards may be used as required yards, stormwater management areas, and open space.

b.

Accessory structures are prohibited in the bufferyard area and shall follow the bufferyard applicable to structures.

c.

Access drives and trash receptacles shall meet the parking lot buffer standard unless otherwise allowed by the community development director.

(4)

Standards for trees and shrubs.

a.

Deciduous trees must be at least one and one-half caliper inches.

b.

Ornamental trees must be at least one and one-half caliper inches.

c.

Conifer trees must be at least six feet in height at planting.

d.

All trees shall be capable of reaching at least 30 feet in height at maturity.

e.

Shrubs shall be capable of reaching a minimum of four feet at maturity and shall be maintained at least the same height.

f.

Shrub and trees plantings shall be spaced appropriately to provide a natural buffer and in accordance with best management practices based on the species.

(e)

Maintenance. Maintenance shall be in accordance with subsection 94-399(d).

(Ord. No. 20-014, § 1, 8-11-2020; Ord. No. 22-040, § II, 12-13-2022; Ord. No. 25-002, § 1, 2-11-2025)

In all residential districts and in the RB-4 neighborhood business district, where a permitted use or permitted special use requires five or more parking spaces, such spaces shall be surfaced with concrete or asphalt. The expansion of a parking area required as a result of the enlargement of a preexisting use shall also be hard-surfaced.

(Ord. No. 21-03, 8-26-2003)

In all residential districts and in the RB-4 neighborhood business district, where a permitted use or permitted special use requires eight or more parking spaces, such parking shall be screened from single family and two family uses with shrubs or berms or by a wall or fence approved by the community development department.

(Ord. No. 21-03, 8-26-2003)

Residences in the R-1B residential district established prior to October 23, 1966, with front yard setbacks which are less than the front yard setbacks required by this chapter may have additions erected in line with the existing building. In no case shall the front yard setback be less than 25 feet. Residences located in the Residence R-1B District of the Pheasant Nest Addition established prior to March 7, 2002, that have front yard setbacks that are less than the front yard setbacks required by this chapter may have additions erected in line with the existing building. In no case shall the front yard setback be less than 20 feet. The minimum building setback from the I-29 right-of-way for any lot in a business district shall be 20 feet.

(Ord. No. 21-03, 8-26-2003; Ord. No. 27-04, § II, 12-12-2004)

Residences in the R-1B residential district which were established prior to October 23, 1966, and which have side yard setbacks less than the side yard setbacks required by this chapter may have additions erected in line with the existing building. In no case shall the side yard be less than seven feet wide. Residences located in the Residence R-1B District of the Pheasant Nest Addition established prior to March 7, 2002, that have side yard setbacks that are less than the side yard setbacks required by this chapter may have additions erected in line with the existing building. In no case shall the side yard setback be less than seven feet.

(Ord. No. 21-03, 8-26-2003)

Lots which have 100 percent of their frontage width located on an eyebrow or the bulb portion of a cul-de-sac shall meet the minimum lot width requirement at the front yard setback line. Said line shall be a parallel curve to the front lot line. The minimum lot width at the right-of-way line shall not be less than 50 feet in the RB-4, RMH, R-3A, R-3, R-2, R-1C and R-1B districts; and 60 feet in the R-1A district.

(Ord. No. 21-03, 8-26-2003)

Condominiums, townhouses, single-family zero-feet side yard structures and all other forms of property ownership do not affect the application provisions of the regulations set forth in this chapter, and all requirements of this chapter shall be observed as though the property were under single ownership.

Exception: If a corner lot is occupied by a zero lot line constructed single-family attached dwelling containing two or more dwelling units, it may be replatted into two or more lots for the sole purpose of transfer of ownership. Such replatting shall not affect the building setback requirements of the originally defined rear and side yards.

(Ord. No. 21-03, 8-26-2003; Ord. No. 04-07, 1-23-2007)

No lot may be sold, divided, or set off in such a manner that either the portion sold, divided or set off, or the portion remaining shall be less than the minimum lot area required by the regulations relating to the district in which it is located unless it becomes part of an abutting lot which, when combined, meets the minimum lot area requirements.

(Ord. No. 21-03, 8-26-2003)

(a)

Sight triangle in general. The sight triangle is an area of visibility required on a street or alley intersection and along a driveway which intersects a street that allows motorists, pedestrians, and cyclist a clear view for safety purposes. All visual obstructions between the height of 30 inches and ten feet shall be prohibited in the site triangle. The sight distance triangle is measured from the intersection of the property line along and next to any street/alley intersection or where a driveway connects to a street.

(1)

Sight triangle is as follows:

a.

Where two streets intersect, the sight triangle shall extend a minimum of 25 feet from the intersection of the two street property lines.

b.

At the intersection of a street with an alley or private driveway, the sight triangle shall extend a minimum of ten feet from the intersection of the street with an alley or private driveway property line.

(b)

Exceptions. Districts that allow buildings and structures to the property line or in the sight triangle are exempt from this provision.

(Ord. No. 21-03, 8-26-2003; Ord. No. 17-023, § I, 10-10-2017)

It is the intent of the city to protect residential uses and motorists from excessive nighttime lighting and light glare. Therefore certain exterior lights shall be installed so that direct or reflected illumination is reduced at the lot line adjoining a residential district or public right-of-way.

(1)

Gas dispensing station canopy. All lights shall have flush mounted lenses to either the canopy ceiling or to ceiling mounted "shoebox" design fixtures.

(2)

Wall mounted lights. All lights with unobstructed illumination which is visible from a residential district or right-of-way shall be designed to shield the light source from view.

(3)

Parking lot lights. Pole mounted lights shall be a fixed tenon mount parallel to the ground incorporating a "shoebox" design where the light source does not extend below the lens.

(4)

Exemptions. Recreational field lighting, flag lights and holiday decorations are exempt from these regulations.

(Ord. No. 21-03, 8-26-2003)

Business, civic and industrial uses shall locate garbage receptacles in the rear or side yard only. If such receptacles are visible from any public right-of-way or residential district, they shall be screened from view by an opaque fence, enclosure, landscaping or other manner approved by the city.

Apartment buildings and complexes shall locate garbage receptacles in the side or rear yards only. All garbage receptacles visible from adjacent properties or a public right-of-way shall be screened from view by an opaque fence, enclosure, landscaping or other manner approved by the city.

(Ord. No. 35-06, § I, 9-27-2006; Ord. No. 25-002, § 1, 2-11-2025)

It is the intent of these regulations to require sufficient numbers and the appropriate location of off-street vehicle parking, stacking and loading to provide a necessary level of service to citizens and visitors to Brookings, to protect the capacity of the street system to move traffic and to safeguard pedestrians and pedestrian walkways. The following parking regulations shall therefore apply:

(1)

Off-street parking spaces provided on adjacent property other than the same property as the use is located shall be permitted as follows:

a.

Where an increase in the number of parking spaces is required by a change or enlargement of a residential use, the required parking spaces must be located on the same property as the use.

Exception: Parking spaces required for an apartment complex, which consists of three or more buildings, may be provided within 300 feet of the lot or building for which they are required if the apartment complex and parking lot are contiguous.

b.

Where an increase in the number of parking spaces is required by a change or enlargement of a business or industrial use, or where such parking spaces are provided by two or more establishments or are used jointly by two or more establishments, the required parking spaces, if not contiguous, may be located within 300 feet of the use served.

c.

The joint use of off-street parking spaces for two or more business or industrial buildings or uses shall be permitted provided the total number of spaces is not less than the sum of the required parking spaces of the various individual uses. The joint use of parking spaces shall be permitted for uses that are not open, used or operated during the same hours.

d.

A request for off-site, off-street parking for a business or industrial use shall be accompanied by an appropriate reciprocal easement agreement guaranteeing the continued availability of such spaces for as long as the use or uses exist.

e.

Off-site parking may not be separated from the use it serves by an arterial or collector street. The requirements of section 94-365 shall also apply.

(2)

No off-street parking of motor vehicles, recreational vehicles, watercraft or trailers shall be permitted in the front yard of any lot located in any residential district except upon a driveway providing direct and unobstructed access to the garage or rear yard and except for the yard area between the driveway and the nearest side lot line. Parking shall only be allowed upon a driveway installed as provided in section 94-343. In the event a garage stall is converted to living, sleeping, eating or cooking space, all driveways or portions of driveways leading to the converted garage shall be removed and the land restored to grass or other landscaping. Exception: Parking in the front yard of schools, churches, museums, art galleries, libraries, public recreation facilities and parks is permitted provided parking stalls and driving aisles are not located within the minimum front yard building setback area.

(3)

No off-street parking is permitted in the front yard of any lot located in any business or industrial district used principally for residential purposes except upon a driveway providing direct access to the garage or rear yard and except for the yard area between the driveway and the nearest side lot line.

(4)

Parking spaces in business and industrial districts shall be permitted up to all property lines except as required by section 94-399(c). Encroachment over the public right-of-way or over abutting property is not permitted. Exception: On corner lots in business and industrial districts, parking shall not be permitted within ten feet of the property corner nearest the street intersection.

(5)

Each required parking stall or space within a parking area or garage shall be individually and easily accessible from a public right-of-way, and no parking stall or space shall be accepted that is located on any access aisle. Exception: Single-family, two-family, townhouse and condominium uses may have a maximum of two rows of tandem parking.

(Ord. No. 21-03, 8-26-2003; Ord. No. 15-10, § 1, 4-6-2010; Ord. No. 11-12, § 3, 5-8-2012)

Off-street parking spaces shall be provided based on the regulations adopted at the time the use was established or by the requirements of this chapter , whichever is less. Any subsequent enlargement or change of use of buildings or land shall meet the requirements of this chapter, but modification of the number of off-street parking spaces is only required for that portion or percentage that was altered.

(Ord. No. 21-03, 8-26-2003)

(a)

In all districts, in connection with every residential, commercial, industrial or any other use, off-street parking shall be provided and maintained in the manner set forth in this section. For any new building constructed, any new establishment, any addition or enlargement of an existing building or use, any change in the occupancy type as defined in this chapter and any change in the manner in which a use is conducted, there shall be sufficient off-street parking as required by this section. Whenever applicable, the following equivalent shall be used: one seat = two feet of lineal bench seating capacity. Parking space dimensions and parking lot layout and design shall conform to the requirements of this chapter and/or generally accepted architectural standards and guidelines from the American Institute of Architects.

(b)

B-1 Central Business District. All uses within the area defined as the B-1 Central Business District as designated on the official zoning map shall not be required to provide off-street parking. Exception: For any building or use that would be required to have in excess of 75 parking spaces based on the requirements of this subsection (b), the additional off-street parking spaces shall be provided within 300 feet of the building or use.

(c)

All other zoning districts.

(1)

Single-family dwelling or townhouse. Two spaces for each dwelling unit. Each garage stall shall be considered one parking space.

(a)

Two-family dwelling: One space for each bedroom. Each garage stall shall be considered one parking space.

(2)

Apartment building or unit group of buildings. One space for each bedroom plus ten percent of the total dwelling units, exclusive of garages.

Exception. An attached garage that is an integral part of the dwelling unit shall be counted for purposes of meeting the parking requirements.

(a)

Condominium: Two spaces for each dwelling unit plus one space for each bedroom in excess of two bedrooms in each dwelling unit, exclusive of garages.

1.

Exception: Each parking space within an attached garage that is an integral part of the dwelling unit shall be counted for purposes of the parking requirements.

(3)

[Reserved.]

(4)

Apartments for the elderly or congregate care facility. One space for each unit.

(5)

Retirement home, nursing home, assisted living facility or similar institution where no rooms or units are independent or self-contained. One space for each three units.

(6)

Hospital. One space for each three beds plus one space for each employee on maximum working shift plus one space for each service vehicle.

(7)

Boardinghouse, fraternity or sorority. One space for each occupant.

(8)

Church. One space for each five seats in the main seating area.

(9)

Funeral home. Five spaces or one space for each four seats in the chapel, whichever is greater.

(10)

Major home occupation. Two spaces.

(11)

Retail, general merchandise, discount store, gas dispensing station, supermarket, personal service store, personal health service (excluding health clubs), medical clinic, coffee house. One space for each 200 square feet of gross floor area for the first 5,000 square feet and one space for each 600 square feet thereafter.

(12)

Telemarketing operations, private clubs, health clubs and similar indoor recreational facilities and amusement establishments. One space for each 200 square feet of gross floor area (see stacking).

(a)

Eating and drinking establishment: One space for each 200 square feet of gross floor area.

(b)

Indoor water park: One space for each 250 square feet of gross floor area.

(13)

Campground. One space/campsite plus accommodations for over-sized vehicles.

(14)

Business and professional offices, banks or dental clinic. One space for each 500 square feet of gross floor area (see stacking).

(15)

Auditorium, auction house, convention center, theater or other places of public assembly. One space for each four seats and/or one space for every 50 square feet of floor area without fixed seating.

(16)

Airport. One space for each four seats in waiting area plus one for each five aircraft storage areas plus two spaces for each three employees on largest shift.

(17)

Hotel or motel. Five spaces plus one space for each sleeping room or suite.

(a)

Hotel, extended stay: One space for each suite or unit and one for each employee.

(18)

Bed and breakfast. One space for each guest room plus two for the proprietor.

(19)

Industrial and/or manufacturing, assembling, processing, warehousing and similar uses. One space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

(20)

Animal hospital, kennel. Five spaces plus one for each employee.

(21)

Community center, or similar public or semi-public building. Ten spaces plus one additional space for each 300 square feet of gross floor area in excess of 2,000 square feet.

(22)

Library. One space for every 500 square feet of gross floor area.

(23)

Museum, art gallery. Six spaces plus one additional space for each 400 square feet of gross floor area in excess of 2,000 square feet.

(24)

Automatic car wash. One space for each employee, together with compliance with the requirements of section 94-434 (stacking).

(25)

Self-serve car wash. (See stacking).

(26)

Bowling alley. Four spaces for each lane.

(27)

Athletic field/facility. Twenty spaces for each field or one for each four seats, whichever is greater.

(28)

Day care facility. Two spaces plus one space for each care provider (see stacking).

(29)

Motor vehicle repair shop, auto sales or similar use. Two spaces for each service bay plus one space for each employee.

(30)

Auto parts store, furniture store, household appliance store, flooring/carpet store, plumbing store, building supply store, service store. One space for every 600 square feet of gross floor area.

(31)

Fire station. Five spaces plus one space for each front line apparatus.

(32)

School.

(a)

High school: One parking space for each three students based on the building's design capacity plus one space for each teacher or staff person.

(b)

Junior high school: One space for each 12 students based on the building's design capacity plus one space for each teacher and staff person.

(c)

Elementary school: Five spaces plus one for each teacher and staff person based on the building's design capacity.

(33)

The parking space requirement for a use not specifically mentioned herein.

(Ord. No. 21-03, 8-26-2003; Ord. No. 35-06, § I, 9-27-2006; Ord. No. 01-08, § I, 2-12-2008; Ord. No. 42-08, 11-18-2008; Ord. No. 28-09, § 1, 11-17-2009; Ord. No. 11-12, § 3, 5-8-2012; Ord. No. 06-14, § 2, 3-25-2014; Ord. No. 23-003, § I, 2-28-2023)

(a)

Uses which have drive-up service windows or similar devices shall provide space on the lot to stack vehicles waiting to reach the initial point of contact in accordance with the following:

(1)

Eating establishment: One hundred twenty feet for the first service window or device. For each additional service window or similar device, the stacking lane may be reduced in length by 40 feet.

(2)

Bank: Eighty feet for the first service window or similar device. Sixty feet for each lane when two service windows or similar devices are installed. Forty feet for each lane if three or more service windows or similar devices are installed.

(b)

Other uses which require vehicle stacking shall provide the following space on the lot or on-premises spaces:

(1)

Gas dispensing station: One space for each pump station plus one additional space before and after the pump station islands.

(2)

Day care facility: Eighty feet preceding the primary pick-up or drop-off area or four spaces exclusively reserved for pickup and drop-off.

(3)

Automatic car wash (single bay or track style): Two hundred feet preceding the initial preparation/washing bay. For each additional washing bay, the stacking distance may be reduced by 40 feet.

(4)

Self serve car wash: Forty feet preceding each washing bay.

(5)

Other uses: Forty feet for each service window or similar device.

(Ord. No. 21-03, 8-26-2003; Ord. No. 35-06, § I, 9-27-2006)

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

Abandoned sign: A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.

Animated sign: Any sign that uses movement, electric message or change of lighting, either natural or artificial, to depict action or create a special effect or scene.

Area identification sign: A sign to identify a common area containing a group of structures, such as a residential subdivision, apartment complex, industrial park or shopping center which is located at the entrance or entrances of the area.

Awning, electric (also back lit awning): An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

Awning sign: See "Canopy sign."

Banner: Any sign of lightweight fabric or similar material that is attached to a structure or building with cables, ropes, tie downs or other fasteners. National flags, State or municipal flags, or the official flag of any institution or business are not considered banners.

Banner, pole: Any sign of lightweight fabric or similar material that is mounted to a pole at one or more edges. National flags, State or municipal flags, or the official flag of any institution or business are not considered banners.

Beacon: A stationary or revolving light which flashes or projects illumination, whether single color or multi-colored, in any manner which is intended to attract or divert attention. However, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or similar agencies.

Billboard: A sign located on a parcel containing no buildings or commercial activity.

Building marker: Any sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material.

Building sign: Any sign attached to any part of a building.

Bulletin board: Any sign erected by a charitable, educational, civic, or religious organization or a public body, which is erected upon the same property as the organization, for purposes of announcing events which are held on the premises, and which contains no commercial message.

Canopy sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a canopy.

Changeable copy sign/reader board: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face of the surface of the sign. A sign on which the message changes more than eight times per day is considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign upon which the only copy that changes is an electronic or mechanical indication of time or temperature is considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

Clearance (of a sign): The smallest vertical distance between the grade of the adjacent street, highway or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Commercial message: Any sign, wording, logo or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity.

Construction sign: A temporary sign identifying a building or construction site, contractors, architects, engineers, lenders or suppliers.

Display surface area: The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations. However, "display surface area" does not include the structural supports for freestanding signs.

Election: A special event where individuals campaign for a local, State, or national political office.

Electronic message display: A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Characteristics are defined as follows:

(1)

Dissolve: A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

(2)

Fade: A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually reduces in intensity to the point of not being legible and the subsequent message gradually increases in intensity to the point of legibility.

(3)

Frame: A complete, static display screen on an electronic message display.

(4)

Frame effect: A visual effect on an electronic message display applied to a single frame to attract the attention of viewers.

(5)

Scroll: A mode of message transition on an electronic message display where the message appears to move vertically across the display surface.

(6)

Transition: A visual effect used on an electronic message display to change from one message to another.

(7)

Travel: A mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.

Erect: To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs.

Flag: Any fabric, banner or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.

Flashing sign: An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

Freestanding sign: A sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly below the ground surface and shall not be attached to any building or any other structure, whether portable or stationary.

Garage/yard sale sign: A temporary sign indicating a private sale of personal household possessions and which is not for the use of any continuing commercial business.

Ground sign: A sign anchored to the ground similar to a freestanding sign, but which has no free air space between grade and the top of the frame or sign facing.

Identification sign: A sign containing only the address and name of the occupant of the building.

Illuminated sign: Any sign which has characters, letters, figures, symbols, signs or its outline illuminated by electric light, luminous tubes or other artificial sources.

(1)

Internal lighted sign: A sign with luminous tubes, electric lights or other devices located within the interior of the sign.

(2)

External lighted sign: A sign which is illuminated by spotlights, floodlights, lamps, lenses or other devices designed to focus or concentrate light rays on the sign display area.

(3)

Surface lighted sign: Any sign which is illuminated by electric bulbs or other similar devices which are attached to the exterior of the sign and are an integral part of the sign.

Incidental sign: A sign which is generally informational, and which has a purpose secondary to the principal use of the lot on which it is located, such as "no parking", "entrance", "exit", "loading only" or other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located is considered incidental.

Inflatable sign: A sign capable of expanding due to the injection of air or gas.

Lot: A tract of land or group of abutting and contiguous tracts of land in single ownership that are of sufficient size to meet the minimum zoning requirements as required by the zoning ordinance.

Mansard roof: Any roof that has an angle greater than 45 degrees and which derives part of its support from the building wall and is attached to (but not necessarily a part of) a low slope roof and which extends along the full length of the front building wall or three-quarters of the length of a side building wall. For purposes of this chapter, a low slope roof is any roof with a pitch less than three inches rise per 12 inches horizontal.

Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Marquee sign: Any sign attached to in any manner, or made a part of, a marquee.

Nonconforming sign: Any sign that does not conform to the requirements of this chapter.

Nonilluminated sign: A sign other than an illuminated sign or reflective sign which is visible primarily from a natural light source.

Nonpermanent sign: A surface-mounted sign or a sign with a support member extending below grade which is usually established for a specific period of time.

Outdoor menu board: An outdoor sign, associated with restaurants with drive-through windows, which gives a detailed list of foods served that are available at a restaurant.

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permanent sign: A sign which is permanently attached to a framing or a sign with a support member at or below the frost line or attached to a building or another structure by direct attachment to a rigid wall, frame or structure.

Person: "Person" shall mean and include any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.

Political sign: A temporary sign such as a poster card or lawn sign identifying a candidate or issue to be voted for or upon on a definite election day.

Portable sign: Any sign not permanently attached to the ground or other permanent structure, or sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to "A-frames" or "T-frames"; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Principal building: The building in which is conducted the principal use of the parcel or lot upon which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Projecting sign: Any sign that is affixed at an angle or perpendicularly to the wall of any building in such a manner as to be read perpendicularly or at an angle to the wall on which it is mounted.

Public event: Any event that is authorized by the City of Brookings.

Pylon: See "Freestanding sign."

Real estate sign: A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.

Reflecting sign: Any sign which returns light waves from its surface back toward the light source.

Residential sign: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located.

Roof sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

Roof sign, integral: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

Setback: The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

Sign: The term "sign" shall mean and include every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information to the general public. In addition, any of the above which is not placed out-of-doors, but which is illuminated with artificial or reflected light and in view of the general public and used or intended to be used to attract attention or convey information to motorists.

Shopping center: Two or more retail stores and/or service establishments, or one retail store and one service establishment, sharing customer parking areas, regardless of whether the stores and/or establishments occupy separate structures or are under separate ownership.

Special event: An occurrence or happening or a particular occasion that may be of community, state, or national interest such as an election, celebration, or city-sponsored event.

Streets and sidewalks: A strip of land or access way subject to vehicular traffic and/or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks, terraces, trails, or other thoroughfares.

Street frontage: The distance for which a lot line of a lot runs parallel to and adjoins a public street.

Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary sign: Any sign that is used for varying periods of time and may be mounted on or below grade.

Wall sign: Any sign that is affixed parallel to but within 12 inches of, the wall or printed on the wall of any building in such a manner as to be read parallel to the wall on which it is mounted, provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof is considered to be a wall sign. Any sign that is affixed to the windows, benches, building marquee, building awning or a building canopy is considered a wall sign.

Wall sign, painted: A sign which is applied with paint or similar substance on the surface of a wall.

Window sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, community event, sale or service, that is placed inside a window or upon the window.

(Ord. No. 21-03, 8-26-2003; Ord. No. 17-08, 4-29-2008; Ord. No. 01-12, § 1, 2-14-2012)

The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the city, to minimize the possible adverse effect of signs on adjacent public and private property, to improve pedestrian and traffic safety, to maintain and enhance an aesthetic environment and to enable the fair and consistent enforcement of these sign regulations. It is therefore the intent of these regulations to achieve the following:

(1)

Safety. To promote the safety of persons and property by requiring that signs:

a.

Do not create a hazard due to collapse, fire, collision, decay or abandonment;

b.

Do not create traffic hazards by distracting or confusing motorists, impairing a driver's ability to see pedestrians, obstacles, or other vehicles or to see and interpret any official traffic sign, signal or device.

(2)

Communication. To promote the efficient transfer of information by providing that:

a.

Business and services may identify themselves;

b.

Customers and other persons may locate a business or service;

c.

No business, service, person or group is arbitrarily denied the use of sight lines on a public right-of-way for communication purposes.

(3)

Preservation of the natural landscape. To protect the public welfare and to maintain and enhance the appearance and economic value of the landscape by providing that signs:

a.

Do not create a nuisance to persons using the public right-of-way;

b.

Do not constitute a nuisance to the occupancy or use of adjacent property as a result of their size, height, brightness or movement;

c.

Are constructed and installed in a manner which is in harmony with buildings, neighborhoods and other signs in the area.

(Ord. No. 21-03, 8-26-2003)

A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exceptions and other requirements of this chapter. The effect of this chapter as more specifically provided herein, is:

(1)

To require a permit for certain types of signs, subject to the standards and procedures of this division;

(2)

To allow certain signs that are small, unobtrusive and incidental to the principal use of the parcel on which they are located, subject to the requirements of this chapter but without a requirement for a permit;

(3)

To provide for temporary signs in limited circumstances; and

(4)

To prohibit all signs not expressly permitted by this chapter.

(Ord. No. 21-03, 8-26-2003)

The following signs are exempt from regulation under this chapter.

(1)

Any public notice or warning required by a valid and applicable federal, State or local law, regulation or ordinance.

(2)

Any sign inside a building, not attached to a window or door, that is not legible from a distance six feet beyond the lot line of the lot or parcel on which such sign is located.

(3)

Works of art that do not include a commercial message.

(4)

Holiday lights and decorations with no commercial message.

(5)

Traffic control signs on private property, such as "Stop", "Yield", and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.

(6)

Signs on vehicles regularly and customarily used to transport persons or property for a business.

(7)

Signs or graphics on outside vending machines provided such machines are not part of the principal use of the lot.

(Ord. No. 21-03, 8-26-2003)

(a)

Any sign lawfully existing prior to October 7, 1976, which does not conform with the provisions of this chapter is deemed a legal nonconforming sign.

(b)

Any sign which has a valid permit, but does not conform with the provision of this chapter is deemed a legal nonconforming sign. A legal nonconforming sign is permitted to remain unless:

(1)

The type, size, height, location or illumination is changed.

(2)

The sign is damaged or destroyed.

(3)

The sign has been abandoned.

(c)

A nonconforming sign which has been brought into full compliance with this chapter shall be assessed the minimum fee as provided in the fee schedule.

(Ord. No. 21-03, 8-26-2003)

Any sign installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

(Ord. No. 21-03, 8-26-2003)

(a)

Scope. This section shall apply to all sign permits.

(b)

Permanent signs.

(1)

Application. All applications for the construction, creation, placement or installation of permanent signs or the modification of an existing permanent sign shall be accompanied by the following:

a.

A detailed site plan of the lot showing the exact location and orientation of the sign(s) relative to all lot lines, building lines, parking lots, drive-ways and other pertinent land and architectural features.

b.

For freestanding signs, a landscape plan as required (see subsection 94-470(b) freestanding signs).

c.

An elevation drawing showing the total height above the adjacent grade.

d.

The total dimensions of the sign facing.

e.

The design features of the sign.

f.

The type of illumination or other characteristics of the sign (see Table 5 in section 94-473).

g.

The size and type of existing signs on the property.

h.

Certification from the sign manufacturer that the light intensity has been pre-set and locked to not exceed the levels specified in this chapter.

i.

All other applicable data such as lot line dimensions and building wall or other surface area dimensions as required by the city.

(2)

Fees. Each application for a sign permit shall be accompanied by the applicable fees, established by the governing body of the city from time to time. An investigation fee, equal to the assessed fee, shall be charged for the erection of a permanent sign prior to the issuance of a permit.

(3)

Validity. Permanent sign permits shall be valid for the duration of the life of the sign unless:

a.

The sign has been abandoned.

b.

The business activity on the premises is discontinued for a period of 180 days or more and is not resumed within 30 days of written notice from the city.

c.

The type, size, height, location or illumination is changed, altered or modified.

(c)

Nonpermanent signs.

(1)

Application. The following procedure governs the application for, and issuance of, all nonpermanent sign permits under this chapter. All applications for the construction, creation, placement or installation of nonpermanent signs or the modification or change of location of such signs shall be accompanied by the following:

a.

A site plan of the lot showing the exact location and orientation of the sign(s) relative to all lot lines.

b.

A drawing showing the total height and facing dimensions.

c.

The type of illumination or other characteristics of the sign (see Table 5 in section 94-473).

d.

All other applicable data as required by the city.

(2)

Fees. Each application for a nonpermanent sign permit shall be accompanied by the applicable fees, established by the governing body of the city from time to time A nonpermanent sign, requiring a sign permit, that is erected prior to the issuance of the permit will be assessed an investigation fee, equal to the applicable sign permit fee.

(3)

Issuance. Nonpermanent sign permits are issued in accordance with the requirements of section 94-470.

(d)

Number of signs. A permit may authorize the erection of one or more signs.

(e)

Assignment. A current and valid permanent sign permit is freely assignable to a successor as owner of the property.

(f)

Nonissuance due to existing illegality. A permit for a new sign shall not be issued for a lot upon which there exists an illegal sign.

(g)

Exemptions. The following signs are exempt from the permit requirements, but are subject to all other requirements of this chapter.

(1)

Incidental.

(2)

Building marker.

(3)

Identification.

(4)

Flag.

(5)

Temporary.

(6)

Pole banner.

(7)

Residential.

(Ord. No. 21-03, 8-26-2003; Ord. No. 22-035, § I, 11-8-2022)

All signs not expressly permitted under this chapter are prohibited in the city. Such signs include, but are not limited to:

(1)

Beacons, search lights and flashing signs.

(2)

Signs imitating or resembling official traffic or government signs or signals.

(3)

Signs attached to trees, telephone poles, public benches, street lights, street signs or placed on any public property or public right-of-way.

(4)

Signs attached to organic or inorganic natural matter.

(5)

Signs which obstruct any required egress from a building or structure.

(6)

Abandoned signs.

(7)

Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the signs.

(Ord. No. 21-03, 8-26-2003)

All permanent signs shall be designed, constructed and maintained in accordance with the following standards:

(1)

All signs shall comply with the applicable provisions of the city's building code and National Electric Code at all times.

(2)

All signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.

(3)

All permanent signs shall be constructed to withstand a wind load pressure of 30 pounds per square foot.

(4)

Signs shall be maintained in a safe and legible condition at all times including the replacement of defective or damaged parts, painting, repainting, cleaning and other services required for maintenance of said signs. Signs which are not maintained shall be removed or brought into compliance immediately upon written notice.

(5)

All signs with electronic message display capabilities shall have internal ambient light monitors installed which automatically adjust the brightness level.

(6)

No electronic message display shall exceed the brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area, calculated with the following formula: The square root of the product of the sign area and 100.

Examples:

(Ord. No. 21-03, 8-26-2003; Ord. No. 17-08, 4-29-2008; Ord. No. 22-035, § I, 11-8-2022)

(a)

Scope of section regulations. The following regulations are applicable to all districts.

(b)

Freestanding signs.

(1)

Freestanding signs shall be located only in a front or side yard.

(2)

Lots which are allowed more than one freestanding sign shall space the signs no less than 50 feet apart.

(3)

The supporting structure of a freestanding sign shall be designed to complement the primary building and shall at a minimum include permanent wrapping from the ground to eight feet above grade or to the bottom of the sign, whichever is less.

(4)

A minimum planting radius of three feet shall be installed around the base of freestanding signs. For ground signs, the planting strip may consist of shrubs, perennials and native grasses. For pylon signs, the planting strip must include shrubs in addition to other plantings. Landscape plans shall be submitted to and approved by the community development department.

(5)

Freestanding signs shall not be located within an intersection safety zone.

(6)

Freestanding signs shall not employ any moving parts.

(7)

Freestanding signs which obstruct any street improvement project shall be removed at the owner's expense.

(c)

Building signs. Projecting, awning, canopy, marquee and wall signs may project over public property where the building was constructed at or on the front property line, except for State highway rights-of-way.

(d)

Inflatable signs. Inflatable signs may be displayed under the following conditions:

(1)

They shall not interfere with utility lines, antennas or towers.

(2)

Cabling, tie-downs or tether lines shall not be located on or across public property.

(3)

They shall not be located in any airport approach zone.

(4)

Inflatable signs may be displayed on a lot for 60 permit days per calendar year. Permits may not be issued for a period of less than 15 days.

(e)

Portable signs. Portable signs shall be regulated as follows:

(1)

A portable sign displayed on a lot shall be subject to a fee established by the governing body.

(2)

Portable signs may be displayed on a lot for 90 permit days per calendar year. Permits may be issued for a maximum of 30 consecutive days, with a minimum of 30 consecutive days between the permit expiration date and the issuance of a new permit.

Exceptions:

a.

Portable signs exceeding 32 square feet shall be allowed on a lot for up to seven days within a maximum permit period.

b.

Portable signs located on a lot containing a strip mall or similar building with five or more businesses may be displayed for 180 days per calendar year. Permits may be issued for a maximum of 30 consecutive days, with a minimum of 15 consecutive days between the permit expiration date and the issuance of a new permit.

(3)

Portable signs shall be secured to prevent overturning.

(f)

Pennant signs. Pennant signs shall be regulated as follows:

(1)

Pennant signs shall not interfere with utility lines.

(2)

Cabling, tie-downs or tether lines shall not be located on or across public property.

(3)

Pennant signs may be displayed on a lot for 60 permit days per calendar year. Permits may not be issued for a period less than 15 days.

(g)

Banner signs. Banner signs shall be regulated as follows:

(1)

Banners shall be secured to a structure or building at all times.

(2)

A banner sign shall not exceed 40 square feet in size.

(h)

Temporary signs.

(1)

Generally.

a.

No temporary sign may be illuminated in any manner.

b.

No temporary sign may interfere with the required clear sight triangle at an intersection.

c.

Temporary signs shall be kept in good repair. Faded, torn, damaged or otherwise unsightly signs must be repaired or removed.

d.

Temporary signs shall not be attached to trees, shrubs or other organic matter.

e.

No temporary sign may exceed a total height of six feet.

f.

A temporary sign may be posted for a period of up to 180 days in a calendar year at which time the sign shall be removed or replaced. Temporary signs erected solely for a special event/election shall be removed within seven days of the expiration date of the event.

(2)

Residential districts.

a.

The total square footage allowed for temporary signs on a residential lot shall not exceed eight square feet, with no individual sign exceeding six square feet and no more than two signs displayed at any one time.

b.

The total square footage allowed for temporary signs on a residential lot during a special event/election shall not exceed 24 square feet, with no individual sign exceeding six square feet and no more than six signs displayed at any one time. The number and size of temporary signs permitted is intended to achieve a fair and necessary balance between the public's interest in displaying temporary signs and the city's interest in community aesthetics.

(3)

Business and industrial districts.

a.

The total square footage allowed for temporary signs on a business or industrial lot shall not exceed 32 square feet, with no individual sign exceeding 16 square feet and no more than two signs displayed at any one time.

b.

The total square footage allowed for temporary signs on a business or industrial lot during a special event/election shall not exceed 64 square feet, with no individual sign exceeding 16 square feet and no more than eight signs displayed at any one time. The number and size of temporary signs permitted is intended to achieve a fair and necessary balance between the public's interest in displaying temporary signs and the city's interest in community aesthetics.

(Ord. No. 21-03, 8-26-2003; Ord. No. 10-10, § 1, 2-23-2010; Ord. No. 01-12, § 2, 2-14-2012; Ord. No. 22-035, § I, 11-8-2022)

No sign may be erected in the public right-of-way except for the following:

(1)

Public signs erected by or on behalf of a governmental body to identify public property, convey public information or direct or regulate pedestrian or vehicular traffic.

(2)

Informational signs by a public or municipal utility regarding poles, lines, pipes or facilities.

(3)

Awning, canopy, marquee, projecting and suspended signs in conformity with Table 4 in section 94-473 and other applicable sections of this chapter.

(4)

Flags, subject to the following:

a.

The flag shall not exceed 15 square feet in area.

b.

No artificial illumination shall be directed at the flag.

c.

The flag shall be mounted on a non-permanent pole not exceeding ten feet in height and the pole shall be securely attached at or below grade. If a device is used to hold the pole, it shall be located at or below grade. Attachment to a mailbox, tree or other organic matter is not permitted.

d.

The flag shall not obstruct the traffic visibility at an intersection nor interfere with the full use of the roadway by vehicular traffic.

e.

Flags displayed under the regulations of this section shall be limited to ten days in any calendar year.

(Ord. No. 21-03, 8-26-2003)

The following principles shall control the computation of sign area and sign height:

(1)

Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

(2)

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

(3)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade is defined as the lower of:

a.

The existing grade prior to construction.

b.

The newly established grade after construction.

(Ord. No. 21-03, 8-26-2003)

Signs shall be allowed on private property in accordance with Table 1. If the letter "P" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column. If the letter "S" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning districts represented by that column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances. A sign designated by a "P" or "S" may be allowed only if it conforms to all other applicable requirements of this chapter.

TABLE 1
PERMITTED SIGNS BY TYPE AND ZONING DISTRICT

The letter "P" means: Allowed without a sign permit.

The letter "S" means: Allowed only with a sign permit.

The letter "N" means: Not allowed.

Table Notes:

(a)

This column does not represent a zoning district. It applies to institutional uses permitted in residential districts. Such uses include, but are not limited to, churches, schools, apartment complexes, retirement homes, assisted living and nursing facilities, funeral homes, libraries, fraternities and sororities.

(b)

No commercial message is allowed on a sign if such message is legible from any location off the lot upon which the sign is located.

(c)

No commercial message of any kind is allowed on the sign.

(d)

No commercial message is allowed on the sign except for a commercial message drawing attention to an activity legally offered on the premises.

(e)

May include only building name, date of construction or historical data on historic site.

(f)

Only address and name of occupant is allowed on the sign.

(g)

Permitted only in accordance with subsections 94-470(e), (f) and (g).

(h)

Only nonilluminated, A-frame signs permitted.

TABLE 2
MAXIMUM TOTAL SIGN AREA PER LOT BY ZONING DISTRICT

The maximum total area of all signs on a lot except for wall, incidental, building marker and flags ^(a) shall not exceed the lesser of the following:

Table Notes:

(a)

Flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such.

(b)

Lots with buildings that function as malls or shopping centers and contain more than five businesses shall be allowed 50 square feet of additional signage for each additional business, exceeding five businesses.

(c)

This column does not represent a zoning district. It applies to institutional uses permitted in residential districts. Such uses may include, but are not necessarily limited to churches, schools, apartment complexes, retirement homes, funeral homes, assisted living and nursing facilities, libraries, fraternities and sororities.

(d)

Lots with more than two frontages are limited to two frontage widths: one corresponding to the primary front yard and one abutting the street with the highest classification.

TABLE 3
NUMBER, DIMENSIONS AND LOCATION OF INDIVIDUAL SIGNS
BY ZONING DISTRICT

Individual signs shall not exceed the maximum number or square footage nor encroach into the minimum setback shown on this table. (Cross reference: Table 4.)

Table notes:

(a)

This column does not represent a zoning district. It applies to institutional uses permitted in residential districts. Such uses may include, but are not necessarily limited to, churches, schools, apartment complexes, retirement homes, assisted living and nursing facilities, funeral homes, libraries, fraternities and sororities.

(b)

In no case shall the sign height exceed the setback distance from an adjacent residential district boundary line.

(c)

No part of any sign shall protrude into the horizontal or vertical setback line.

(d)

Lots with two or more frontages are regulated according to Table 2. However, signage cannot be accumulated and used on one frontage in excess of that allowed for lots with only one street frontage.

(e)

The percentage figure here shall mean the percentage of the area of the wall which such sign is a part of, attached to or most nearly parallel to.

(f)

When a sign is located within 200 feet of a historic or residential district, the area of the sign used for an electronic message display shall be limited to 25 percent of the allowable individual sign area according to Table 3 or 40 square feet, whichever is greater. The distance shall be measured from the nearest point of the sign to an adjacent property line.

Exceptions:

For the purposes of this section, the following described real estate will be excluded from the required residential district buffer:

The Southwest Quarter, excluding H-4, in section 31, township 110, range 49; also known as Edgebrook Golf Course.

(g)

When a sign is located within 200 feet of a historic or residential district, the height of the sign used for an electronic message display shall be limited to the height of the primary building or the maximum allowable height for a sign according to Table 3, whichever is less. The distance shall be measured from the nearest point of the sign to an adjacent property line.

Exceptions:

Signs on a corner lot and impacted by the intersection and driveway safety zone can utilize the standard height allowance.

For the purposes of this section, the following described real estate will be excluded from the required residential district buffer:

The Southwest Quarter, excluding H-4, in section 31, township 110, range 49; also known as Edgebrook Golf Course.

TABLE 4
NUMBER AND DIMENSIONS OF CERTAIN SIGNS BY SIGN TYPE

Table Notes:

(a)

The sign area for this sign shall be applied to the maximum allowable wall area from Table 3.

(b)

One sign shall be permitted for each building face fronting a public street. In the Business B-1 Central District, one sign shall be permitted for each 25-feet of building face fronting a public street.

(c)

Allowed as per subsections 94-470(ed), (f) and (g).

(d)

Exception allowed as per subsections 94-470(e), (f) and (g).

(e)

See subsection 94-470(h).

TABLE 5
PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT

The letter "P" means permitted.

The letter "N" means not allowed.

Table Notes:

(a)

This column does not represent a zoning district. It applies to institutional uses permitted in residential districts. Such uses may include, but are not necessarily limited to, churches, schools, apartment complexes, retirement homes, assisted living and nursing facilities, funeral homes, libraries, fraternities and sororities.

(b)

This characteristic shall not include stationary LED illumination. LED illumination is considered to be internal illumination.

Portable signs with EMD capabilities are permitted in the A, RB-4, B-1, B-2, B-2A, B-3, B-4, B-5, I-1, I-1R and I-2 district subject to the regulations in subsection 94-470(e), and shall be permitted for any institutional use in conjunction with special events and public services for a period not to exceed seven consecutive days, nor more than 30 cumulative days within a calendar year.

(c)

Signs with EMD capabilities are regulated as follows: No sign with EMD capabilities, other than a portable sign, is permitted in any historic district depicted in the Brookings Historic Preservation Plan and any amendments thereto.

(d)

Signs with EMD capabilities are regulated as follows:

1.

Only institutional uses such as churches, libraries and schools are allowed to use signs with EMD capabilities, subject to other requirements of this section.

2.

No sign with EMD capabilities, other than a portable sign, is permitted for any institutional use in a historic district nor for any institutional use within 200 feet of a historic district as depicted in the Brookings Historic Preservation Plan and any amendments thereto. The distance shall be measured from the nearest point of the sign to an adjacent property line.

3.

No sign with EMD capabilities, other than a portable sign, is permitted for any institutional use within 200 feet of an individually listed property on the National Register of Historic Places as depicted in the Brookings Historic Preservation Plan and any amendments thereto.

4.

Institutional uses not regulated by subsections (d)2. and (d)3. above shall be limited to one sign with a maximum size of 24 square feet.

(e)

No direct light or significant glare from the sign shall be cast onto any adjacent lot that is zoned and used for residential purposes.

(f)

Any lighting involving motion or the appearance of motion is prohibited.

TABLE 6
SIGNS BY PERMIT TYPE

Table Notes:

(a)

A permanent wall banner shall be parallel to and extend no more than six inches from a building wall.

(b)

Window signs exempt from the permit requirements shall include, but are not limited to, nonilluminated flyers, posters, pictures and placards intended primarily to convey a message to pedestrians.

(Ord. No. 21-03, 8-26-2003; Ord. No. 32-03, § I, 9-23-2003; Ord. No. 33-05, §§ I, II, 11-15-2005; Ord. No. 17-08, 4-29-2008; Ord. No. 10-10, § 2, 2-23-2010; Ord. No. 01-12, § 3, 2-14-2012; Ord. No. 22-035, § I, 11-8-2022; Ord. No. 25-002, § 1, 2-11-2025; Ord. No. 26-008, 3-10-2026)

Editor's note— At the direction of the city, § 94-474 has been deleted from this code. Former § 94-474 pertained to temporary zoning controls concerning animated signs and derived from Ord. No. 36-06, § I, adopted Oct. 24, 2006; and Ord. No. 36-07, § I, adopted Nov. 27, 2007.

In order to promote the public health, safety and general welfare of the city, the city council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial 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.

(Ord. No. 21-025, § 1, 9-14-2021)

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): 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. 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: A licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.

Cannabis dispensary: A licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials at retail to a consumer.

Cannabis product manufacturing facility: A licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

Cannabis testing facility: A licensed entity authorized to analyze the safety and potency of cannabis.

Cannabis establishment: A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

(Ord. No. 21-025, § 1, 9-14-2021)

A.

No cannabis cultivation facility shall be owned or operated at a location within the city's zoning jurisdiction except as provided by this section. A cannabis cultivation facility shall be considered a permitted special use in the following districts: Industrial I-1 light district.

B.

No cannabis cultivation facility shall operate within 1,000 feet of a residential zoned district existing before the date of the cannabis establishment application. Distances shall be measured from the closest point of the property lines.

C.

Such uses shall be within a completely enclosed building.

(Ord. No. 21-025, § 1, 9-14-2021)

No cannabis testing facility shall be owned or operated at a location within the city's zoning jurisdiction except as provided by this section. A cannabis testing facility shall be considered a permitted use in the following districts: Industrial I-1 light district.

(Ord. No. 21-025, § 1, 9-14-2021)

No cannabis product manufacturing facility shall be owned or operated at a location within the city's zoning jurisdiction except as provided by this section. A cannabis product manufacturing facility shall be considered a permitted use in the following districts: Industrial I-1 light district.

(Ord. No. 21-025, § 1, 9-14-2021)

A.

No cannabis dispensary shall be owned or operated at a location within the city's zoning jurisdiction except as provided by this section. A cannabis dispensary shall be considered a permitted special use in the following districts: Business B-1 central district, Business B-2 district, Business B-3 heavy district, and Business B-4 highway district.

B.

No cannabis dispensary shall operate within 300 feet of a religious institution, preschool, or detention facility existing before the date of the cannabis establishment application. Distances shall be measured from the closest point of the property lines.

C.

No cannabis dispensary shall operate within 1,000 feet of a public or private school existing before the date of the cannabis establishment application. Distances shall be measured from the closest point of the property lines.

(Ord. No. 21-025, § 1, 9-14-2021; Ord. No. 25-023, § I, 8-12-2025)