1. Residential useable open space may be used to meet the yard setbacks or useable open space requirements of Chapters 17.16 through 17.48 of this title.
   
   Useable open space includes:
   1. A landscaped area;
   2. Outdoor activity or recreational elements such as play fields, swimming pools, hot tubs, spas or Jacuzzis, and hard surface areas that are unenclosed by an overhead structure, e.g., tennis, volleyball or basketball court;
   3. Individual balconies, decks, patio areas that are not intended or designed to be enclosed and if the minimum size of such individual balcony, deck or patio is not less than thirty-six (36) square feet. Such areas shall count for no more than fifteen (15) percent of the required useable open space;
   4. Pedestrian ways, plazas or atria within a building that are designed for the specific use and enjoyment by the residents or tenants of that structure, but only if these areas are visually or physically connected to the outside. Such areas shall constitute no more than twenty-five (25) percent of the required useable open space; and
   5. An open parking area and drive or enclosed lean-to that serves one detached dwelling unit.
   6. If specifically approved as part of a planned unit development, landscaped areas of public or private rights-of-way that are not anticipated to be converted to public or private highways, streets or alleys within the next ten (10) years. Such areas shall constitute no more than ten (10) percent of the required useable open space.
2. Portions of a lot that have structures or unenclosed uses shall not be counted as useable open space for residential uses unless allowed in subsection A of this section. The following are specific examples of things that may not be counted as useable open space:
   1. Public or private rights-of-way for highways, streets or alleys;
   2. Roofs that do not meet the provisions of subsection (A)(2) or (3) of this section;
   3. Parking areas and garages that do not meet the provisions of subsection (A)(5) of this section;
   4. Land area with a slope in excess of forty-five (45) degrees unless approved as part of a planned unit development.

(Ord. 952 (part), 1999; Ord. 831 § 6.1, 1992)

1. The arrangement, character, extent and location of all streets shall conform to the city’s subdivision ordinance and city utilities construction standards.
2. At the time of issuance of a building permit for new development, redevelopment exceeding twenty-five (25) percent of the value of the existing structure, all street rights-of-way abutting the subject property shall be dedicated to the city up to thirty-three (33) feet from the centerline of all adjacent, proposed or existing streets designated collector or greater in the city utilities construction standards. If the utilities standards require a greater width for an abutting street, then the area beyond thirty-three (33) feet from the centerline shall be reserved for future purchase by the city.
3. All abutting street, alley or pedestrian rights-of-way shall be improved at the time of issuance of a building permit for new development, or redevelopment exceeding twenty-five (25) percent of the value of the existing structure. The street, alley, and right-of-way improvements shall include up to half width of a collector street and any adjacent bike paths, sidewalks or other pedestrian ways. If right-of-way improvements are not appropriate at the time of development or redevelopment, the city planning department may accept suitable financial guarantees to guarantee their completion in the future. For properties in A1, PF, R1 or C1 districts, no alley improvement shall be required except through an assessment district.
4. The city may require as part of an annexation, subdivision or rezoning, or issuance of a building permit for new development or redevelopment exceeding twenty-five (25) percent of the value of the existing structure, that the applicant dedicate right-of-way or an easement, at the city’s option, for a trail.
5. The city may require as part of an annexation, subdivision or rezoning, or issuance of a building permit for new development or redevelopment exceeding twenty-five (25) percent of the value of the existing structure, that the applicant shall dedicate utility easements as required by the city.

(Ord. 831 § 6.2, 1992)

1. Vehicular access to property shall be controlled in such a manner as to protect the traffic-carrying capacity of the street upon which the property abuts as well as to protect the value of the adjacent property.
2. Each parcel of land under one ownership at the time of its annexation will be reviewed in terms of access as one parcel (regardless of subsequent sales of a portion) unless the property is subdivided.
3. Any curb cut on a designated state highway must receive a permit from the South Dakota State Highway Department prior to being issued a building permit. Any other curb cut must receive a permit from the city planning department.
   1. The minimum number of curb cuts necessary to serve the subject parcel is permitted. No entrance or exit may be located nearer than fifty (50) feet to any intersecting street right-of-way line or nearer than ten (10) feet to any adjacent property line, except where it is possible to provide one access point that will serve both adjacent properties. If adherence to these requirements would leave a parcel of property without vehicular access, either or both of the setback requirements may be reduced by the city planning department to permit a single vehicular access point if they find that the intent of this subsection would be served.
   2. On arterial streets, acceleration-deceleration lanes may be required of the development if the city planning department finds that they are necessary to preserve the safety or the traffic-carrying capacity of the existing street. The city planning department shall determine the length of the required acceleration-deceleration lane.
   3. No residential structures shall have direct access onto an arterial street. However, if no alternative street access is possible, a curb cut may be permitted with the spacing and acceleration-deceleration lanes determined to be necessary by the city planning department to preserve the safety and the traffic-carrying capacity of the arterial street.
   4. Exceptions to this section may be made if the city planning department determines that safe and reasonable access is provided. The requirements of this section may also be modified to provide for safe and reasonable access.

(Ord. 831 § 6.3, 1992)

1. Where a drive way intersects a public right-of-way or where property abuts the intersection of two public rights-of-way, all landscaping, structures or fences within the vision triangle area described in subsection B of this section shall provide unobstructed cross-visibility.
2. For purposes of this section, the vision triangle area is:
   1. The area formed at a corner intersection of public right-of-way and a driveway, whose two sides are fifteen (15) feet, measured along the right-of-way line of the street and the edge of driveway, and whose third side is a line connecting the two sides; or
   2. The area formed at a corner intersection of two public right-of-way lines, whose two sides are thirty (30) feet, measured along the intersection right-of-way lines, and whose third side is a line connecting the two sides.
3. All shrubs located within these triangular areas shall be maintained at a height not to exceed thirty (30) inches above the sidewalk grade. Trees may be planted and maintained in this area if all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. No landscaping except required grass or ground cover may be located closer than three feet from the edge of an access way pavement.
4. Any fence, hedge or wall placed within fifteen (15) feet of the intersection of a public sidewalk or proposed location of such walk and an alley or driveway shall not restrict or obscure the visibility through such fence, hedge or wall by more than twenty-five (25) percent of its total vertical plane area. Such fence, hedge or wall shall maintain at least seventy-five (75) percent of the unobstructed view when viewed at an angle of ninety (90) degrees from the direction of the fence, hedge or wall and a distance of thirty (30) feet.
5. The requirements of this section may be modified by the planning and zoning commission if the safety of pedestrians, motorists and bicyclists is not impaired.
6. No person shall violate or fail to prevent or remedy any violation of the provisions of this section on such property.

(Ord. 831 § 6.16, 1992)

1. A fence, hedge, wall, column, pier or any similar structure or any combination of such structures is permitted in the required setback if it meets the following conditions:
   1. All fences and walls meet the building code and the requirements of this title;
   2. All property lines are located in order to determine that no fence, hedge or wall extends beyond or across a property line. A fence, hedge or wall may cross a property line if an agreement with the abutting property owner is obtained;
   3. No barbed wire or other sharp, pointed or electrically-charged fence may be erected or maintained except as follows:
      1. A temporary fence on a construction site, which may be as high as required, notwithstanding the requirements of subsection B of this section, to protect the property during the period of construction and may have barbed wire where it is not less than eight feet above the ground and does not extend more than two feet above the temporary fence;
      2. Electric fences may be permitted in the A1 district when used as an internal fence not on the periphery of the property to contain livestock, and in the A1 and PF districts, as an internal fence not on the periphery of the property to protect crops and plantings. No person shall maintain an electric fence without a fence permit. All such electric fencing must meet the following requirements:
         1. Controllers are approved by Underwriters’ Laboratories and so designated on an attached label;
         2. Electric fencing may not be located within five feet of the periphery of the property;
         3. Electric fencing may not be located in a required yard abutting a street nor in a required vision triangle; and
         4. Electric fencing may not inhibit access by emergency equipment and operators.
      3. In the PB planned business district, a fence or wall set back at least twelve (12) feet from the property line may have barbed wire if it is not less than eight feet above the ground and does not extend more than two feet above the fence or wall, notwithstanding the requirements of subsection B of this section.
2. No fence or wall may exceed seven feet in height, measured as follows:
   1. In a required yard abutting a street, the total effective height above the finished grade measured on the side nearest the street;
   2. In any other required yard the total effective height above the finished grade measured on the side nearest the abutting property; and
   3. On a property line, measured from the finished grade of either side when the abutting property owners are in joint agreement.
3. Along a major road, a fence or wall over seven feet in height may be approved by the city planning department as a part of a comprehensive noise barrier system.
4. No person shall construct, alter or maintain a fence, hedge, wall, column, pier, post or any similar structure or any combination of such structures except in conformance with all of the requirements of this section.

(Ord. 831 § 6.17, 1992)

1. All outdoor illumination shall meet the following conditions:
   1. All roadway, parking lot and walkway luminaries shall be shielded so that substantially all the directly emitted luminous flux falls within the property line. Lamps must be in an I.E.S. certified cut-off luminaire if the output is above that of a sixty (60) watt incandescent.
   2. All exterior building floodlights are designed or retrofitted with shielding in such a manner that all the luminous flux falls upon either the surface of the structure to be illuminated or on the ground, never up into the air. Lamps must be in an I.E.S. certified cut-off luminaries if above the output of a sixty (60) watt incandescent.
   3. All stadium and all other exterior sport arena luminaries used for the purpose of illumination of the playing area are extinguished by ten p.m. or immediately after the conclusion of the final event of the day. The remainder of the facility lighting, except for reasons of security, is extinguished at ten p.m. or within one hour after the event, whichever is later, and remains extinguished until one hour prior to the commencement of the next event. For reasons of security, however, a maximum average level of five footcandles at an entrance and one footcandle on the rest of the structure is permitted.
   4. No outdoor illumination is used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares, including:
      1. Any fixed luminaire not designed for roadway illumination that produces incident or reflected luminous flux that could be disturbing to the operator of a motor vehicle;
      2. Any luminaire that may be confused with or construed as a traffic control device; or
      3. Any blinking, flashing or changing intensity lights, except for temporary holiday displays.
2. No person shall install, illuminate or maintain any beacon or search light.
3. Light trespassing from a property should be minimal.

(Ord. 831 § 6.18, 1992)

All development shall meet the applicable requirements and all public improvements shall be designed and constructed in accordance with the city utilities construction standards.

(Ord. 831 § 6.21, 1992)

(Amended during 2004 codification; Ord. 831 § 6.22, 1992)

All development shall meet the applicable requirements of Title 15 Buildings and Construction in the Code of Ordinances of the City of Deadwood.

(Ord. 831 § 6.23, 1992)

1. No person shall construct or maintain more than one principal building on any lot except as provided under this section or approved as part of a planned unit development.
2. In a R2 district, two principal buildings may be placed on a lot if the following conditions are met:
   1. Access to a street or alley is provided for each unit, with easements dedicated as necessary;
   2. Access to all new units is visible from a public or private street with well-defined walkways for emergency response and general services;
   3. A private or semi-private outdoor area is provided for each unit;
   4. A uniform landscape plan is provided and all existing trees over three inches in caliper measured four inches above the ground are preserved, unless this requirement is waived by the city planning and zoning commission for good cause;
   5. A parking easement is dedicated for each unit;
   6. Privacy fencing or visual buffering of parking areas is provided;
   7. Each unit has separate utility services in approved locations;
   8. All utilities are underground for existing and new units, unless this requirement is waived by the city planning department for good cause;
   9. New density and open space requirements are met; and
   10. New units maintain the side yard setback requirements and at least ten (10) feet is maintained between the principal structures; and the front yard setback requirement for the front unit is maintained; and the rear yard setback requirement is maintained for the rear unit.
   11. All area and bulk requirements in Section 17.28.040 must be met for each principal building so built, on an aggregate basis; for example, a single-family dwelling (5,000 square feet) or a two unit multiple-family dwelling (4,500 square feet) would require a minimum total lot size equal to the sum of both (10,000 or 9,000 square feet, respectively) for the lot on which the two principal buildings are proposed to be built.

(Ord. 1132, 2010; Ord. 831 § 6.24, 1992)

No structure or building shall be constructed or maintained in a required setback except for:

1. A balcony, patio or deck less than thirty (30) inches in height;
2. A stairway less than thirty (30) inches in height;
3. A fireplace;
4. A maximum of thirty (30) inches of roof overhang; or
5. The outer four feet of completely open, uncovered, cantilevered balconies that have a minimum of eight feet vertical clearance below, which may project into any required yard except an interior side yard of less than ten (10) feet in width.

(Ord. 831 § 6.25, 1992)

1. No person shall construct or maintain a part of any structure that projects onto an adjacent property without a recorded easement or covenant granting such a right from the owner of such adjacent property.
2. No person shall construct or maintain a part of any structure in a public or private easement without first obtaining the written consent of the easement owner.

(Ord. 831 § 6.26, 1992)

Trash storage for attached dwellings and all business and industrial buildings or uses located within fifty (50) feet of the public street containing the numerical address for a residence or business shall be accommodated within the structure, or adequate area shall be included on-site and indicated on a site plan. All outdoor trash storage and containers located within fifty (50) feet of the public street containing the numerical address for a residence or business shall be placed on a hard surface, including without limitation concrete, and shall be screened on all four sides by a permanent fence, wall, landscaping or other appropriate materials. Any trash receptacles, dumpsters and portable toilets located within an alley way is exempt from screening.

(Ord. 1302, 2019; Ord. 831 § 6.28, 1992)

A swimming pool, spa or hot tub may be permitted in any district as an accessory use, subject to the following additional requirements:

1. Such uses may not be located in any required front yard or side yard abutting a street;
2. Such uses must be completely surrounded by a fence or wall not less than forty-eight (48) inches in height with no openings large enough to permit children to pass through other than gates or doors that can be fastened to protect against entry. A building may be used as part of such required enclosure; and
3. All gates or door openings through such enclosures must be equipped with self-closing and self-latching hardware keeping the gate or door securely closed at all times when not in use.

(Ord. 831 § 6.29, 1992)

1. Height limitations within the city are as set forth in Chapters 17.16 through 17.48 of this title, except as provided in subsection (A)(2) of this section.
   1. The height of a building is determined as described in the definition of “height” in Chapter 17.08 of this title.
   2. On or adjacent to slopes of greater than twenty (20) degrees (36.4 percent slope), the building height may not exceed twenty-five (25) feet. The twenty-five (25) foot height restriction applies to any and all parts of a building, excluding allowed appurtenances, measured from existing grade directly below the building.
2. Appurtenances may be added under the following circumstances:
   1. The addition of an appurtenance to a building is permitted if it does not cause building height to exceed the height allowed in this section, considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof.
   2. The city planning department may approve additions of appurtenances to buildings causing a building height to exceed the allowed height if the following standards are met:
      1. A functional need is established;
      2. The functional need cannot be met with an appurtenance less than thirty-five (35) feet in height above the ground; and
      3. Visible materials and colors are compatible with the building to which the appurtenance is attached.
   3. No appurtenance may have useable floor area except for mechanical equipment installations, have more than twenty-five (25) percent coverage of the roof area of the building; or be more than sixteen (16) feet in height.
   4. All mechanical equipment shall be screened from view, regardless of the height of the building, unless in the opinion of the city planning department such screening conflicts with the function of the mechanical equipment. Screening shall be an integral part of the building design.
3. For structures erected in accordance with the height restrictions applicable at the time of their erection, but the height of which now exceeds that permitted, no addition to that portion of the building exceeding the height limitation is allowed.
4. For any structure requiring a building permit, with a height exceeding thirty-five (35) feet and within three hundred (300) feet of any residential property, the forty-five (45) foot height allowed in the C1 commercial district, CE commercial enterprise district, CH commercial highway district and PB planned business district may be reduced if such height materially and substantially diminishes or impairs an adequate supply of light and air, or the residential quality of life or character of the neighborhood, or the visual aesthetics of a substantial number of adjoining residents.
5. Notwithstanding any other provision of this section, appurtenances of buildings within the historic overlay zone may be repaired or restored to a pre-existing height, upon approval of the city historic preservation commission. If the city historic preservation commission approves such a repair or restoration, it is not effective until thirty (30) days after the date of its approval. Promptly after the approval of the repair or restoration, the city planning department shall forward to the board of adjustment a written report, including a description of the repair or restoration and the reasons for the approval.

(Ord. 952 (part), 1999; Ord. 831 § 6.30, 1992)