Flandreau City Zoning Code
SUPPLEMENTAL REGULATIONS
§ 155.230 VISIBILITY AT INTERSECTIONS.
On a corner lot in any zoning district, excluding the C1 District, no planting, structure, or obstruction to impede the vision between the range of three and eight feet above the centerline grades of the intersecting streets shall be placed or maintained within the triangular area formed by the intersection road right-of-way lines and a straight line connecting points on said road right-of-way line, each of which is 50 feet distance from the point of intersection (clear view triangle). See Figure 155.230.
Figure 155.230
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.231 CONSTRUCTION LIMITATIONS OF FENCES.
(A) Notwithstandi ng other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard or along the edge of any required yard provided in accordance with Table 155.231 and Figures 155.231.1, 155.231.2, and 155.231.3.
(B) No person shall hereafter construct, erect, or maintain or cause to be constructed, erected, or maintained in the city limits any fences of any character or material without first securing permission from the Administrative Official. Further, no such fence of any kind shall be built closer than one foot to the inside sidewalk line or street right-of-way. Exception: A fence/wall/hedge may be placed on the property line provided application includes both owners of the shared property line.
(C) Approved fencing materials include stone, brick, wood, vinyl, and chain link. The city further requires fencing materials to be “new” - used for first time installation. Individuals wishing to utilize “used” - not first-time installation fencing materials shall require Board of Adjustment approval. No electric or barbed wire fence shall be used in the construction of any fences within the city, except that barbed wire may be used in connection with a security fence when the barbed wire is at least six feet from the ground and/or a conditional use permit is issued for an electric or barb wire fence in the agricultural zoning district. No electric fences are allowed adjacent to a residential zoning district.
(D) The side of the fence considered being the face, facing as applied to fence post, should face abutting property.
(E) Fences, walls, and hedges which are more than 30% solid shall abide by § 155.230.
(F) The installation of a fence shall be in a manner as to which access to the city for the purposes of reading utility meters is provided.
(G) The height of fences shall be determined as measured from the highest grade elevation on either side of the fence wall to the top of the fence.
(H) Fences in front, side and rear yards.
(1) Notwithstanding other provisions of this chapter, fences, walls, and hedges, fences/walls and hedges may be allowed in accordance with Table 155.231 and Figures 155.231.1, 155.231.2, and 155.231.3.
(2) The Administrative Official is authorized to permit fences/walls/hedges up to seven feet in height provided said fence/wall/hedge is located outside the required front yard.
Table 155.231
Fence Requirements | Corner Lot | Interior Lot | ||
Setback | Maximum Fence Height | Setback | Maximum Fence Height | |
Front yard - Fence (Less than 30% solid) | 1' from sidewalk line (ROW) | 4' | 1' from sidewalk line (ROW) | 4 |
Front yard - Fence (more than 30% solid) | Minimum setback in applicable zoning district | 7' | Minimum setback in applicable zoning district | 7' |
Rear yard no alley | 1' | 7' | 1' | 7' |
Rear yard with alley | 10' from alley line and street line | 7' | 10' from alley line | 7' |
Side yard | 1' | 7' | 1' | 7' |
Figure 155.231.1
Corner lot: Four-foot-tall fence which is less than 30% solid in front yard (one foot from sidewalk line (ROW); seven-foot-tall fence which is more than 30% solid (one foot from rear and side yard property liens and no closer than required front yard setback of underlying district).
Figure 155.231.2
Interior Lot: Four-foot-tall fence which is less than 30% solid in front yard (one foot from sidewalk line (ROW)); seven-foot-tall fence which is more than 30% solid (one foot from rear and side yard property lines and no closer than required front yard setback of underlying district).
Figure 155.231.3
Corner and interior lot: Four-foot-tall fence which is less than 30% solid in front yard (one foot from sidewalk line (ROW)); seven-foot-tall fence which is more than 30% solid not to be located closer than required front yard setback of underlying district and one foot from rear and side yard property lines. Exception: All fences adjacent to alleys are to be set back five feet from alley line. (blue triangle is clear view safety triangle)
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.232 ACCESSORY BUILDINGS.
(A) Only specifically authorized accessory uses are allowed; accessory uses must be subordinate to principal use.
(B) No accessory use shall be permitted in any district unless such use is specifically authorized by this chapter.
No accessory use shall be deemed to be authorized by this chapter unless such use is subordinate to and on the same zoning lot with the principal use in conjunction with which it is maintained.
(C) No separate accessory building shall be erected within five feet of any side or rear lot line. Accessory buildings, not part of the main building, may be located in a rear yard but may not occupy more than 30% of a rear yard. See Figure 155.232.1.
Figure 155.232.1
(D) In any commercial or industrial district, any accessory use customarily incident to the principal permitted use or conditional use shall be permitted except those uses specifically prohibited in the applicable district.
(E) No accessory building may be used for residential dwelling purposes at any time.
(F) Accessory uses in residential districts shall be permitted for the principal permitted uses and conditional uses of the residential districts only in accordance with the provisions in division (G) below hereby adopted by reference and declared to be part of this subchapter.
(G) For single-family dwellings, duplexes, townhouses and multiple-family dwellings, and nursery schools and day care centers, the following are permitted accessory uses:
(1) Private garages.
(a) Attached garages shall be limited to a total area less than or equal to the gross floor area of the house and conform to the design of the house; corrugated steel siding is prohibited. Unless a special permitted use permit is granted, other steel panel siding is prohibited. Attached garages may receive a special permitted use permit to use steel panel siding and roofing materials if written consent of 100% of property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site has been received.
(b) Unattached garages shall be limited to maximum side walls of 14 feet and have a total area less than or equal to the gross floor area of the house and minimum 4/12 roof pitch or to conform to the design of the house.
(c) Unattached garages shall have roofing and siding materials of a type customarily used on site-constructed residences (Roofing - Asphalt Shingle, Wood Shingle, Clay Tile, Slate, and/or Steel; Siding - Vinyl, Wood, Stone Veneer, Brick, Composite, Fiber Cement, and/or Stucco and roofing and siding materials as determined by the Board of Adjustment). Corrugated galvanized steel is prohibited. Unless a special permitted use permit is granted, other steel panel siding is prohibited. Unattached garages may receive a special permitted use permit to use steel panel siding if written consent of 100% of property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site has been received.
(d) Detached and unattached garages may receive a special permitted use permit to exceed maximum area dimensions and height requirements if written consent of 100% of property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site and of 50% of the property owners within 250 feet (excluding streets and alleys) of said proposed location has been received and the maximum lot coverage for all buildings and structures shall not exceed 35% of the total lot area
(2) Buildings or structures for customary residential storage purposes including weather protective canopies (carports), not over 12 feet in height and not exceeding 200 square feet in gross floor area with a door opening no wider than seven feet;
(3) Readily moveable sports, recreation, or outdoor cooking equipment;
(4) Permanent sports or recreational structures or facilities, such as tennis courts, swimming pools, barbeque pits, and similar improvements provided a site plan for such facility is approved;
(5) Home occupations and extended home occupations but only as defined herein;
(6) Non-commercial greenhouses provided that greenhouses over 100 square feet in floor area must have an approved site plan;
(8) Dog enclosures.
(H) For religious institutions, all customarily incidental uses reasonably necessary to allow the free exercise of religion but not to include commercial use are permitted accessory uses.
(I) For all conditional use principal establishments, all customarily incidental uses reasonably necessary to promote the primary purposes of the principal use, provided that such use must be specifically authorized by the Board of Adjustment for the principal use, are permitted accessory uses.
(J) No separate accessory building shall be erected within five feet of any other building.
(K) Accessory buildings which are attached to or located within ten feet of the main building shall be considered part of the principal structure and shall comply with the same yard requirements as the main building.
(L) A garage which is entered directly from an alley shall not be located closer than 20 feet to the alley line. A garage which is entered parallel to the alley way may be located five feet from the alley line. See Figure 155.232.2.
Figure 155.232.2
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.233 ACCESSIBLE STRUCTURES.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to private streets approved by the Board of Adjustment, and all structures shall be so located on lots as to provide safe and convenient access for services, fire protection, and required off-street parking.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.234 YARDS.
(A) No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this subchapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
(B) No yard or lot existing at the time of passage of this subchapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this subchapter shall meet at least the minimum requirements established by division (C) below.
(C) The following yard requirements must be observed in addition to the yard requirements of the various districts.
(1) Except in the A and C1 Districts, a corner lot must have a front yard on both streets.
(2)
On lots in any residentially zoned block fronting on one side of the street between two streets where one or more residences already exist, no building shall hereafter be erected, and no existing building shall be reconstructed or altered in such a way that any portion thereof shall be closer to the street line than the average improved building front on that street in that block, but in no case shall the set-back line be less than 12 feet from the front lot line. However, on lots in any block fronting one side of a street between two intersecting streets in the above districts, the setback line may be increased provided that the owners of three-fourths of the front footing on said side of the street in said block shall petition the Board of Adjustment to establish the set-back line at a certain distance named in the petition. If the Board of Adjustment approves establishing the setback line as petitioned, it may be so established.
(3) On through lots and reversed frontage lots, a front yard must be provided on both streets.
(4) Required front yards shall be devoted entirely to landscaped area except for the necessary paving or driveways and sidewalks to reach parking or loading areas in the side or rear yard.
(D) The following exceptions may be made to the yard requirements.
(1) Air conditioning units, sills, chimneys, cornices, and ornamental features may project into a required yard a distance not to exceed 24 inches.
(2) In commercial and industrial districts, filling station pumps and pump islands may occupy required yards provided, however, that they are not less than 15 feet from all lot lines.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.235 MULTIPLE PRINCIPAL STRUCTURES ON LOT.
In any district, only one structure housing a permitted or permissible principal use may be erected on single lot provided that yard and other requirements are met.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.236 EXCEPTIONS TO HEIGHT REQUIREMENTS.
The height limitations contained in individual district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.237 PRIVATE WASTEWATER TREATMENT SYSTEMS.
All existing septic tanks shall be considered non-conforming uses. All structures used for human habitation, commercial, and industrial use must be connected to a sewage disposal system approved by the Board of Adjustment. An exception to this is that on-site septic systems installed per regulations of the state’s Department of Environment and Natural Resources may be allowed on property owned or developed by the city if the said property is located further than one-fourth of mile from an existing city sanitary sewer collection line. On-site septic systems shall be required to be removed and connected to the city sanitary sewer system when such system is within 200 feet of a lot containing said septic system. Minimum requirements include watertight septic tank connected to a drain field and no drain area to be deeper than five feet. If the city sanitary sewer system is available within 200 feet, all such structures must be connected at the landowner's cost.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.238 MODULAR HOMES.
Modular homes shall:
(A) Meet or exceed the current International Building Code (IBC);
(B) Include all off-site constructed homes which may be transported to the site in one or more sections;
(C) Have more than 1,000 square feet in ranch style and 850 square feet split and be placed on a permanent foundation;
(D) Not have attached running gear and a trailer hitch or the capacity to have attached running gear and trailer hitch;
(E) Have a minimum of a four-twelfths roof pitch;
(F) Have siding material of a type customarily used on site-constructed residences; and
(G) Have roofing material of a type customarily used on site-constructed residences.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.239 TYPE I AND TYPE II MANUFACTURED HOMES.
(A) Manufactured homes defined. For the purpose of this chapter manufactured homes will be regulated by type. Two types of homes are defined under these regulations.
(1) Type I manufactured homes shall be a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code in addition to the following requirements:
(a) Have more than 1,100 square feet of occupied space in a double section or larger multi- section unit;
(b) Have removed running gear and hitch;
(c) Have been anchored to a permanent foundation, permanent perimeter enclosure, and permanent footing;
(d) Have been inspected and approved by the Administrative Official prior to placement of a home on the foundation;
(e) Have a gabled roof with a pitch of at least four-twelfths feet;
(f) Have siding material of a type customarily used on site-constructed residences;
(g) Have roofing material of a type customarily used on site-constructed residences; and
(h) Not be older than 15 years from the date of manufacture.
(2) Type II manufactured homes shall be a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code in addition to the following requirements:
(a) Have more than 700 square feet of occupied space in a single, double, expando, or multi-section unit;
(b) Utilize a perimeter enclosure in accordance with approved installation standards, as specified herein;
(c) Be anchored to the ground in accordance with manufacturer’s specifications or as prescribed by the Federal Manufactured Housing Construction and Safety Standards Code;
(d) Have siding material of a type customarily used on site-constructed residences;
(e) Have roofing material of a type customarily used on site-constructed residences;
(f) Have a gabled roof with a pitch of at least three-twelfths feet;
(g) Not be older than 15 years from the date of manufacture; and
Zoning 123
(h) Be placed onto a support system in accordance with approved installation standards, as specified in herein.
(B) Installation standards.
(1) Permanent foundation, or permanent perimeter enclosure, as required for type I manufactured homes. Those type I manufactured homes designated in this subchapter, as requiring a permanent perimeter enclosure must have footings and crawl space or basement walls. The space between the floor joints of the home shall be completely enclosed with the permanent perimeter enclosure except for required openings.
(a) A crawl space must be constructed of concrete or masonry block grouted solid with one number four horizontal rebar that is one-half inch and tied to number four rebar verticals placed in the footing four feet on center.
(b) The foundation shall be an approved wood basement constructed of two by six framework and treated with water-resistant materials or be constructed with eight inches poured concrete or concrete block.
(c) The footing is to be a minimum of eight inches thick by 16 inches wide poured concrete with top of footing to be 16 inches below grade and the bottom of the footing to be below the frost line.
(2) Foundation siding/skirting. All type II manufactured homes without a perimeter enclosure shall have an approved foundation siding/skirting enclosing the entire perimeter of the home.
(3) Support system.
(a) All HUD-Code manufactured homes of the type I classification shall be installed with load bearing foundations in conformance with the manufacturer’s installation specifications.
(b) Type II manufactured homes not placed on a permanent foundation shall be installed on a support system in conformance with the manufacturer’s installation specifications or with the support systems regulations in the Federal Manufactured Housing Construction and Safety Standards Code.
(C) Non-conforming homes. A manufactured home placed and maintained on a tract of land and deemed to be a legal non-conforming use prior to the adoption of this chapter shall continue to be a legal non-conforming use. If the non-conforming use is discontinued for a period of one year, the land thereafter must be used in conformity with all provisions of this chapter.
(D) Replacement of non-conforming homes. Type I and type II manufactured homes located upon any lot or lots of record at the time of the adoption of this chapter may be replaced by type I and/or type II manufactured homes of like dimensions, and said replacement shall not be deemed to have changed the use thereof from a non-conforming to a conforming use.
(E) Structural alteration. Due to its integral design, the Administrative Official, after it is placed on the site, must approve any structural alteration or modification of a manufactured home.
(F) Exception to maximum age requirement. Type I and type II manufactured homes may receive a special permitted use permit to allow a manufactured home older than 15 years from the date of manufacture in divisions (A)(1)(h) and (A)(2)(h) of this section. The Administrative Official may approve a special permitted use permit if the manufactured home meets the following requirements:
(1) The applicant shall provide a photograph of the manufactured home's exterior and interior.
(2) That it shall have been shown to the satisfaction of the Administrative Official that the said manufactured home complies with the gas, plumbing, electrical, and construction requirements of the City of Flandreau.
(3) That the applicant obtain the written consent of all property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.240 PERMANENT FOUNDATIONS REQUIRED FOR DWELLINGS.
No dwelling shall be constructed, installed, or moved into the area under the jurisdiction of these regulations unless said dwelling is constructed upon, installed on, or moved onto a permanent foundation as defined in these regulations. Exempt from this requirement are type I and type II manufactured homes without a permanent foundation located in appropriately zoned areas of the community provided said manufactured homes are anchored with tie downs to prevent the manufactured home from dangerous motion during high wind or other weather-related events.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.241 UTILITY EASEMENTS.
No building or addition thereto shall be erected over or across any existing public utility or upon any platted easement.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.242 MOVED BUILDINGS.
(A) It shall be unlawful to move any house or other building onto any lot or to any new location within the city unless and until a permit to do so has been obtained from the Administrative Official. No permit shall be issued until the following requirements are met.
(1) The fee for said permit as prescribed in § 155.177 shall have been paid.
(2) It shall have been shown, to the satisfaction of the Administrative Official, that the said house or other building complies with the gas, plumbing, electrical, and construction requirements of the city.
(3) The work is to be completed within 12 months after the permit has been issued by the Administrative Official.
(4) The applicant shall also file with the City Finance Officer a sufficient bond conditioned so that the applicant will indemnify the city and any public utility for any damage done to any property, street, alley, or public grounds. No building shall be moved other than during the period from daylight to sundown. Before any permit is granted under this section, the applicant must furnish proof that all taxes legally assessed against the property have been paid. If a building or structure is to be moved onto any lot within the city, the Administrative Official shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this subchapter.
(B) Any building which is not newly constructed to be used for first occupancy shall also receive the written consent of all property owners of immediately adjacent property, excluding streets and alleys, to the proposed building site and the consent of more than 50% of the number of owners of property within 150 feet, excluding streets and alleys, of said proposed location has been received.
(C) It shall be unlawful to move any house or other building off of any lot within the city unless and until a permit to do so has been obtained from the Administrative Official. No permit shall be issued until the following requirements are met.
(1) The fee for said permit as prescribed in § 155.177, shall have been paid.
(2) That the work is to be completed within 12 months after the permit has been issued by the Administrative Official.
(3) The applicant shall also file with the Administrative Official a map of roadways upon which the building will be carried within city limits. Further, the applicant may be required to provide documentation of condition of said roadways, including right-of-way, utilities, private property, etc., both prior to, and following the moving of the structure.
(4) If damage occurs, the applicant shall be held financially responsible for the repair of roadways, including right-of-way, utilities, private property, etc. to their respective condition prior to the damage. All work shall be performed to the standards of the city.
(5) No building shall be moved other than during the period from daylight to sundown. Before any permit is granted under this section, the applicant must furnish proof that all taxes legally assessed against the property have been paid. If a building or structure is to be moved onto any lot within the city, the Administrative Official shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this chapter.
(6) When no replacement structure is to be moved in or constructed, the applicant shall agree to restore the lot to a buildable condition. This may include but is not limited to concrete basement removal, collapsing of the basement walls, earthwork, landscaping and/or reseeding.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
Penalty, see § 155.999
§ 155.243 SCREENING.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.244 ADOPTION OF BUILDING CODE.
The City of Flandreau has not adopted the 2021 edition of the International Building Code as published by the International Code Council (IBC Code). With the exception of residential structures (one-family or two-family dwelling and townhouses not more than three stories in height with separate means of egress), manufactured homes, and accessory structures thereto, the design standard for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any other building commenced after July 1, 2021, within the boundaries of the City of Flandreau shall be based on the IBC Code. The city does not provide inspection services related to the enforcement of the IBC Code. All applicants for all structures that are required to comply with the IBC Code shall provide legal affidavit that said structure(s) have been designed and constructed to IBC Code.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)
§ 155.245 CARETAKER/WATCHPERSON’S QUARTERS.
(A)
A caretaker or watchperson’s quarters on parcels with a C1, H, or I zoning district shall require a conditional use permit.
(B) A caretaker or watchperson’s living quarters shall be limited to not more than one dwelling unit which shall be occupied by person(s) associated with the operation or maintenance of the business or building. If it is found that the occupant(s) are not associated with such operation or maintenance, the living area shall be removed.
(C) The total area of the dwelling unit shall consist of not more than 30% of the total area of the building.
(D) The dwelling unit shall be physically separated from the business area, and the door entering into the dwelling unit shall remain locked during all hours during which business patrons are allowed in the building.
(E) The dwelling unit shall maintain a second means of egress other than that of the business area associated with the caretaker or watchperson’s living quarters. That means of egress may be from a door that accesses the outside of the building from within the living quarters or through an egress window within the living quarters that is compliant with IBC requirements.
(Ord. 609, passed 5-16-2022; Ord. 622, passed 10-7-2024)