(A)   Title. An ordinance to provide for the establishment of zoning districts within which the proper use of land and natural resources shall be encouraged and regulated; to establish minimum standards for open space, building and population density; to regulate the occupancy and use of dwellings, buildings and structures, mobile and manufactured housing, including tents, campers and recreational vehicles (RVs), that may hereafter be erected, altered or moved; to provide for the administration hereof; to provide for a method of amending; to provide for conflicts with other acts, ordinances or regulations; to provide for the collection of fees for the furtherance of the purpose of this chapter; to provide for petitions and public hearings; to provide for appeals and for the organization and procedure of the Board of Adjustment; and to provide for penalties for the violation of this chapter.

   (B)   Short title. These regulations shall be known and may be cited as “The City of Hot Springs Zoning Ordinance.”

   (C)   Purposes. It is the purpose of this chapter to promote the safety, health, morals, convenience and general welfare; to encourage the use of land and natural resources in the city in accordance with their character, adaptability and suitability for particular purposes; to conserve social and economic stability, property values and the general character and trend of community development; to prevent excessive concentration of population; to facilitate adequate provision of streets and highways, storm water drainage, sewage treatment, water supply and distribution, educational and other public resources by establishing herein standards for community development in accordance with these objectives and by providing for the enforcement of such standards.

(Prior Code, § 27-A-01)

   For the purposes of this chapter and in order to carry out the provisions and intentions as set forth herein, certain words, terms and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tenses; words in the singular number shall include the plural and words in the plural number shall include the singular; the word “person” includes a firm, partnership or corporation, as well as an individual; the word “lot” includes the word “plot” or “parcel,” and the word “building” includes the word “structure,” the term “shall” is always mandatory; and the word “may” is permissive. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended,” “arranged” or “designed to be used or occupied.”

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY APARTMENT. A single apartment on the main commercial use floor of a one to one and one-half story structure where the apartment takes up no more than 25% of the overall ground floor area and the commercial use is maintained as the primary use and occupies the store front.

   ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a main building located on the same lot therewith.

   ACCESSORY USE. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.

   ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.

   ALTERATIONS. As applied to a building or structure, means a change or rearrangement in the structural parts, or an enlargement, whether by extending on a size or by increasing in height, or the moving from one location or position to another.

   AMUSEMENT AND RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls and the like.

   ARBOR. A detached, open framework yard or garden accessory structure that is integrated into landscape designs to provide shade and leisure, often including trellis or latticework for training climbing plants.

   AREA, BUILDING. The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

   ADULT ORIENTED BUSINESS. Any adult arcade, adult bookstore or video store, cabaret, adult live entertainment establishment, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios.

   AUTOMOBILE WRECKING. The dismantling, storage, sale, crushing or dumping of used motor vehicles, trailers or parts thereof.

   AVERAGE GROUND ELEVATION. The elevation of the mean finished ground surface at the front wall of a structure.

   BASEMENT. A portion of a building that is partly or completely below grade, as defined in the International Building Codes. A walk-out BASEMENT shall be counted as a one-half story.

   BED AND BREAKFAST ESTABLISHMENT. A residence offering overnight lodging and a morning meal. A BED AND BREAKFAST ESTABLISHMENT in a residential zone shall be regulated as a home occupation.

   BOARD. The Board of Adjustment for the City of Hot Springs, South Dakota.

   BOARDING HOUSE. A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals are provided for three or more but not exceeding 12 persons on a weekly or monthly basis.

   BUILDING. Any enclosed structure intended for shelter, housing or enclosure of persons, animals or chattel.

   BUILDING AREA OF A LOT. The portion of a lot bounded by the required rear and side yards and front yard or the building setback line.

   BUILDING CODES. The International Building Code, International Residential Code, International Existing Building Code, International Fire Code, International Plumbing Code, International Mechanical Code and the International Property Maintenance Code, as officially adopted by the city.

   BUILDING, HEIGHT OF. The vertical distance measured from the average ground elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

   BUILDING INSPECTOR. The person under the direction of the Building Official responsible for duties relating to the Building Department.

   BUILDING MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be a MAIN BUILDING on the lot on which it is situated.

   BUILDING OFFICIAL. The appointed official responsible for the administration and enforcement of the city’s codes and ordinances regulating construction, use or occupancy of buildings and structures, public or private.

   BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in § 155.048. The BUILDING SETBACK LINE is parallel to or concentric with the street right-of-way.

   BUILDING SITE. A single parcel of land under one ownership occupied or intended to be occupied by a building or structure.

   BUILDING, SHOP. A heated structure designed and intended for storage or occupied occasionally as a temporary work place that is provided with water and sewer services. See SHOP BUILDING. Also see “DRY STORAGE BUILDING” and “COLD STORAGE BUILDING.”

   BUSINESS SERVICES. Any activities conducted for gain which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in a home or business.

   CARPORT. A temporary or permanent unenclosed detached accessory structure, without doors, used for the sheltered parking of vehicles. CARPORTS enclosed on more than two sides shall be considered a garage.

   CERTIFICATE OF OCCUPANCY. The document issued by the Building Official when a new use is being established and the building has been inspected and found to meet adopted codes and ordinances relating to construction and use. Such CERTIFICATE authorizes occupancy of the building for its specified use.

   CLUB, PRIVATE. An organization catering exclusively to members and their guest, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club.

   COLD STORAGE BUILDING. An unheated storage building not designed for human occupancy and that does not have water or sewer services to or inside the building. See DRY STORAGE BUILDING.

   COMPOST. The product resulting from the controlled biological decomposition of organic material that has been sanitized through the generation of heat and ‘processed to further reduce pathogens’ (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth.

   CONDOMINIUM. The owner owns the living space, but does not own the land or the exterior of the structure. Condominiums can have properties attached to either side and above and/or below, such as a high-rise condominium building. A townhouse can be sold as a CONDOMINIUM, but a CONDOMINIUM cannot be sold as a townhouse.

   CONTRACTOR, SMALL SCALE. A provider of construction services whose primary operations of their specific trade or product takes place primarily indoors such as plumber, electrician, cabinet/countertop maker, heating/cooling supplier, window and door installers, for example. SMALL SCALE CONTRACTORS store their raw materials, goods and supplies indoors with outdoor storage being only what is required to park vehicles, outdoor installation materials and specialized trade-related trucks, excluding semis, trailers and other types of earthmoving equipment.

   COUNTRY CLUB. A chartered, non-profit membership club, with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golfing, riding, outdoor recreation, club house, locker room, and/or pro shop.

   DAYCARE FACILITY. Daycare facilities, to include family child care homes, group family child care homes, child care centers and before and after school care centers, shall be defined and regulated in accordance with SDCL § 26-6-27.

   DESIGN CAPACITY or OCCUPANCY LOAD. The maximum number of persons which can be accommodated at any one time with a reasonable degree of comfort, safety and convenience.

   DISTRICT. Any section or sections of the municipality of the City of Hot Springs for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.

   DRIVE-IN, COMMERCIAL USES. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.

   DRY STORAGE BUILDING. An unheated storage building not designed for human occupancy and that does not have water or sewer services to or inside the building. See COLD STORAGE BUILDING.

   DWELLING. A building or portion thereof, exclusive of manufactured homes as herein defined, used for residential purposes.

   DWELLING, SINGLE-FAMILY. A detached building designed to be occupied exclusively by one family, to include modular manufactured homes that give the appearance of a house, with a pitched roof, with horizontal lap or wood siding, and when placed on a permanent frost-free perimeter foundation which meets all building codes.

   DWELLING, TWO-FAMILY. A detached building to be occupied by two families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

   DWELLING, MULTIPLE. A building designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

   DWELLING UNIT. One or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living and sleeping purposes.

   ELECTRICAL UTILITY SUBSTATION. An electrical utility facility containing large capacity transformers fed by incoming high voltage transmission lines. Within the facility, voltages are reduced and fed to several distribution circuits that distribute electrical energy to areas with a predominate single use (i.e., industrial, residential, commercial area).

   FAMILY.

      (1)   One or more persons related by blood, marriage or adoption or a group not to exceed five persons (excluding servants) none of whom are related by blood or marriage, occupying the premises and living as a single non-profit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use.

      (2)   The term FAMILY shall also include up to four foster children or two foster adults, or any combination thereof not to exceed four persons, of a legally licensed foster care provider. A greater number of foster children or adults shall be considered a foster home.

   FEEDLOT, COMMERCIAL. A lot used for the concentrated feeding of livestock, fowl or fur animals where such feeding is not done as an accessory use to the production of crops on the premises of which the feedlot is a part.

   FLOOR AREA. The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure, to include finished and unfinished basements.

   FOOD PROCESSING. The preparation of food products for retail sale on the premises.

   FRATERNITY OR SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.

   FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

   GARAGE, PRIVATE. An attached or detached non-habitable accessory structure used primarily for the storage of personal motor vehicles and storage of personal belongings.

   GARAGE, PUBLIC. Any garage other than a private garage, available to the public for rent or for lease, which is used for the storage of automobiles or other motor vehicles.

   GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair or equipping of motor vehicles.

   GASOLINE SERVICE OR FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline, diesel, propane, butane or other automobile fuels and accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic washing.

   GOVERNING BODY.

      (1)   The duly elected officials of a corporate political entity to whom authority is given to make, adopt or amend zoning regulations; or

      (2)   City Council, when used in conjunction with the aldermanic form of government.

   GRADE, ESTABLISHED. The elevation of the centerline of the streets as officially established.

   GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

   GROUP CARE HOME/ASSISTED LIVING FACILITY. A residential facility established for the purpose of providing, on a long term basis and for monetary compensation, room and board for three or more individuals living as a single household unit, who are unrelated by blood or marriage, and who by reason of age, physical or mental disability may require personal assistance in achieving personal independence. Such a facility may contain a separate and defined living unit for a resident caretaker or manager.

   HEALTH DEPARTMENT. South Dakota Department of Health.

   HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementoes of such event or period are housed and preserved.

   HOME OCCUPATION.

      (1)   A gainful occupation conducted by members of the family only within the dwelling or on the premises, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, provided that no display except a regulated sign will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of a dwelling.

      (2)   Activities conducted entirely within the residence, such as internet transactions or stock market transactions from a home office, which does not account for any vehicle or pedestrian traffic pertaining to that activity, and where there is no outward display of that activity, shall be exempt from the requirements of § 155.073.

   HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms usually occupied singly with no provision made for cooking in any individual room or apartment.

   HOTEL APARTMENT. An apartment building under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartment and which may furnish for the exclusive use of its tenants by previous arrangements and not to anyone who may apply, service ordinarily furnished by such hotels.

   JUNKYARD OR SALVAGE YARD. A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storing and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

   KENNEL. Includes the term CATTERY.

      (1)   Any one lot, building, structure, enclosure or premises where more than three dogs over the age of six months are kept shall be considered a commercial kennel operation.

      (2)   Any one lot, building, structure, enclosure or premises where more than three cats over the age of six months are kept shall be considered a cattery operation.

      (3)   Commercial kennels and cattery operations are not allowed in residential districts except for some restricted use in Mountain Residential Districts.

   LIGHT MANUFACTURING. Manufacturing or assembly operations conducted entirely within an enclosed structure and only by the property owner and their immediate family as a family owned and operated small business which does not detract from the neighborhood standard or adversely affect neighboring properties to include excessive dust, noise or noxious vapors. LIGHT MANUFACTURING shall include activities such as electrical/mechanical assembly operations, firearm repair, leather working operations, light welding repair and fabrication, jewelry manufacturing, wood working and cabinetry operations, knife and saw sharpening operations and similar activities.

   LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of a truck.

   LOT. A parcel of land which is or may be occupied by a single main building and its accessory buildings or used customarily incidental thereto, together with such yards or open spaces within the lot lines as may be required by this chapter.

   LOT, AREA. The total horizontal area included within lot lines.

   LOT, CORNER. A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.

   LOT, COVERAGE. The lot area covered by all buildings and structures, or parts of buildings or structures, permanent or temporary, except as provided in § 155.048.

   LOT, DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

   LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

   LOT, FRONTAGE. The dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

   LOT, INTERIOR. A lot other than a corner lot.

   LOT, LINES. The lines bounding a lot as defined herein.

   LOT LINE, FRONT. In the case of an interior lot, the line separating said lot from the street. In the case of a corner or double frontage lot, the line separating said lot from that street which is designated as the front street in the request for building permit.

   LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot.

   LOT LINE, SIDE. A side lot line is any lot boundary line not a front lot line or a rear lot line.

   LOT, WIDTH. The width of a lot at the building setback line measured at right angles to its depth.

   MANUFACTURED HOME. Sometimes referred to as a MOBILE HOME or TRAILER HOME. A portable dwelling unit, designed and constructed to be towed on its own chassis, comprised of frame and wheels and designed to be connected to utilities for year-round occupancy. The term shall include:

      (1)   Units containing parts that may be folded, collapsed, extended or retracted when being towed and that may be expanded to provide additional capacity.

      (2)   Units composed of two or more separately towable components designed to be joined into one integral unit, capable of being separated again for repeated towing.

   MANUFACTURED HOME SPACE. A plot of ground within a mobile home area which is designed for and designated as the location for two automobiles and one mobile home and not used for any other purposes whatsoever other than the customary accessory use thereof.

   MANUFACTURED HOME SUBDIVISION. Any areas, tracts or sites or plots of land, of not less than two acres, whereupon manufactured homes as herein defined are placed, located or maintained, or intended to be placed, located or maintained.

   MANURE. Non-composted animal feces.

   MEDICAL FACILITIES. Those facilities, buildings, structures or uses related to the medical field.

   MODULAR HOME. A single finished dwelling unit, or a dwelling unit comprised of two or more components designed to be permanently joined into a single unit, which is designed to be placed on a permanent frost-free perimeter foundation, with or without a basement. The specifications and completed unit shall comply with the International Residential Code as adopted. Not a manufactured or mobile home.

   MOTEL. See HOTEL.

   NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.

   NOXIOUS MATTER. Material (in gaseous, liquid, solid, particulate or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic or psychological well-being of individuals.

   OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or anything that is in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

   PARKING LOT. An off-street facility parking space along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.

   PARKING SPACE. An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

   PENTHOUSE. An enclosed structure other than a roof structure located on a roof, extending not more than 12 feet above the roof.

   PLANNING AND ZONING COMMISSION. The City of Hot Springs Planning and Zoning Commission, also herein referred to as COMMISSION or THE COMMISSION.

   PLAT. A map, plan or layout indicating the location and boundaries of individual properties.

   PRINCIPAL USE. The specific primary purpose for which land or a building is used.

   PROPERTY LINE. The legal property border line dividing private ownership from other private ownership or public right-of-way.

   PUBLIC USES. Public parks, schools and administrative, cultural and service buildings not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

   PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing, under state or municipal regulations to the public, electricity, gas, steam, communication, telegraph, transportation, sewer system or water system.

   PUBLIC UTILITY SUBSTATIONS, SERVICE YARDS AND PUMPING STATIONS. Include service yards used for the storage of utility supplies and for the servicing of utility vehicles and equipment.

   QUARRY. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

   RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses and other recreation areas and facilities, or recreation centers including private swimming pools.

   REGULATORY FLOOD. A flood which is representative or large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 50 years determined from an analysis of floods on a particular stream and other streams in the same general region.

   REGULATORY FLOOD PROTECTION ELEVATIONS. The elevations to which uses regulated by this chapter are required to be elevated or flood proofed.

   REQUIRED SETBACK. A distance necessary to obtain the minimum front, side and rear yards required by this chapter.

   ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a hotel under the terms of this chapter.

   SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the State Department of Health.

   SELF-SERVICE LAUNDRY. A laundry providing home type washing, drying and ironing machines to be used primarily by the customers on the premises. Also referred to as a LAUNDROMAT.

   SCHOOL, PRIVATE. An institution of learning that is not tax supported, including colleges and universities.

   SCHOOL, PUBLIC. A tax supported institution of learning, including colleges and universities.

   SHOP BUILDING. A heated structure designed and intended for storage or occupied occasionally as a temporary work place that is provided with water and sewer services. See BUILDING, SHOP.

   SIGN, ADVERTISING. Any writing, painting, display, emblem, drawing, sign or other device designed, used or intended to be used for display or any type of publicity for the purpose of making anything known or attracting attention to a place, product, goods, services, idea or statement.

   SIGN, AGGREGATE AREA. The total square footage of all business and outdoor advertising signs on any specific lot. The AREA of a sign shall be determined by the smallest circle, triangle, trapezoid or rectangle that can be used to enclose that which the advertisement is composed of, exclusive of the supporting structure that bears no message.

   SIGN, ALTERATION. Any change of copy, sign face, color, size, shape, illumination, location, construction or supporting structure of any sign.

   SIGN, ANIMATED. A sign that uses movement, lighting or special materials to depict action or create a special effect to imitate movement.

   SIGN, AREA IDENTIFICATION. A sign to identify a common area containing a group of structures, or a single structure on a minimum of five acres, such as a residential subdivision, apartment complex, industrial park or shopping center, located at the entrance or entrances of the area will be considered as an on-premises business sign for the purpose of this chapter.

   SIGN, BANNER. A sign composed of lightweight material enclosed or unenclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.

   SIGN, BENCH. A sign which is affixed to a bench not to include memorial dedications in park or recreational areas.

   SIGN, BILLBOARD. An on-premises or off-premises sign which exceeds the sign size and/or area regulations for the district in which it is intended to be placed.

   SIGN, BUILDING MARKER. Any sign or stone indicating the name of a building date or incidental information about its construction.

   SIGN, BUILDING/WALL. Any sign attached to, or constructed against the wall or painted on the surface of the wall of a building, with the exposed face of the sign in a plane parallel with the plane of the wall.

   SIGN, BUSINESS/TENANT. A sign that is part of or attached to the portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. For businesses located on the interior of a building without building frontage, the building elevation providing customer access shall be considered the BUSINESS FRONTAGE.

   SIGN, CANOPY. A sign that is a part of or attached to any awning, canopy or other fabric, plastic or structural protective cover over a door, entrance window or outdoor service area.

   SIGN, CONSTRUCTION/DEVELOPMENT. On a lot, signs not more than 12 square feet in area, stating the names of contractors, engineers or architects, but only during the time that construction or development is actively underway.

   SIGN, DIRECTIONAL. Used to give directions to or location of a specific place. Messages on a DIRECTIONAL SIGN shall be limited to the proper name of the site and the mileage or distance, route numbers and exit numbers.

   SIGN, DOUBLE-FACED. A sign constructed to display its message on the outer surfaces of two identical and opposite planes at an angle of 45 degrees or less.

   SIGN, ELECTRONIC READER BOARD. A sign or portion thereof which can be electronically changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a commercial message or an electronic reader board sign for purposes of this chapter.

   SIGN, EXPOSED NEON. Signage such that the neon tubing is visible to the eye. This shall not include neon signs located within building windows, or behind opaque sign faces.

   SIGN, FLASHING. An illuminated sign on which artificial light is not maintained stationary and/or constant in intensity and color.

   SIGN, FREESTANDING OR POLE. A sign which is supported by one or more uprights, poles or braces in or upon the ground.

   SIGN, FUTURE TENANT. An on-premises temporary sign that identifies the names of future businesses.

   SIGN, GARAGE/YARD SALE. A private sale of personal property used to dispose of personal household possessions; not for the use of any commercial venture.

   SIGN, GOVERNMENTAL.  A sign erected by a government agency or its designee, setting forth information pursuant to law and/or ordinance.

   SIGN, GRAND OPENING. A one-time promotional activity not exceeding 30 calendar days used by newly established businesses location within two months after occupancy to inform the public of their location and service available to the community.

   SIGN, GROUND. A sign where the bottom coping is less than 24 inches from the grade below.

   SIGN, ILLUMINATED. A sign where artificial light projects from within or onto the sign copy. INTERIOR ILLUMINATION shall mean signs where the artificial light source is located within the sign and is not viewable from the exterior of the sign. EXTERIOR ILLUMINATION is a light source that is visible exterior to the sign.

   SIGN, INFLATABLE. An object bearing advertisement that is inflated with air or gas.

   SIGN, MAINTENANCE. The repair or replacement in kind of individual sign components including paper, fabric or plastic copy panels, electrical wiring and bulbs, or paint, stucco or other exterior finishes.

   SIGN, MARQUEE. A projecting sign attached to, in any manner, or made a part of a marquee. A MARQUEE SIGN must maintain a minimum vertical clearance of nine feet.

   SIGN, MONUMENT. A freestanding sign that does not have exposed pole or pylon, and is attached to a single columnar base for at least 75% of the entire width of the sign.

   SIGN, MULTI-FACED. A two-sided sign which is the same on both sides. The single structural component is counted as one sign.

   SIGN, NON-CONFORMING. A sign lawfully erected and maintained prior to the adopting of this chapter that does not conform with the requirements of this chapter.

   SIGN, OFF-PREMISES. A sign, including the supporting sign structure, which is visible from the street or highway and advertises goods or services not located on the premises and/or property upon which the sign is located; also called a BILLBOARD. The following shall not be considered an OFF-PREMISES SIGN for the purposes of this chapter:

      (1)   Direction or official signs authorized by law or ordinance;

      (2)   Real estate signs; and

      (3)   On-premises signs.

   SIGN, ON-PREMISES. A sign that advertises goods or services available at the site and on the lawful premises of the billboard or advertising sign.

   SIGN, 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 a series, designed to move in the wind.

   SIGN, POLE. A freestanding sign which is erected upon one or more posts directly in or upon the ground and not attached to, braced by, any other structure.

   SIGN, POLITICAL. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

   SIGN, PORTABLE. A sign designed to be movable from one place to another, which is not affixed to the ground or structure; also called a “mobile sign.”

   SIGN, PROJECTING. A sign which is affixed to a wall of a building and extends outward from the building wall with a minimum vertical clearance on nine feet.

   SIGN, REAL ESTATE. A sign offering property (land and/or buildings) for sale, lease or rent (16 square feet or less).

   SIGN, REPAIR. The replacement of metal or wood cabinets, structural faces, supporting structural members, primary uprights, posts and poles, or the sign in its entirety.

   SIGN, ROOF. A sign erected or attached in whole or in part upon the roof of a building.

   SIGN, STRUCTURE. Any structure which supports, has supported, or is capable of supporting multiple signs.

   SIGN, TEMPORARY. Signs, not greater than 32 square feet in area, that are temporary in nature, used in conjunction with a specific event, that is placed, moved or erected in such a manner so that it may be easily removed from the property and is not permanently affixed. TEMPORARY SIGNS must be placed, built, erected or moved on to site location in such a manner as to be easily removed. TEMPORARY SIGNS are only allowed ten days prior to any lawful event and must be removed from premises within two business days of conclusion of the event. TEMPORARY SIGNS placed longer than 14 days must meet the requirements of a permanent sign.

   SIGN, TIME AND TEMPERATURE. A sign or portion of a sign displaying only current time and temperature in an electronic, digital fashion.

   SIGN, TRAILER OR SEMI-TRAILER.

      (1)   A trailer or semi-trailer unit that is not currently commercially licensed and operable shall be considered an off-premises sign.

      (2)   A trailer or semi-trailer unit that is currently commercially licensed and operable shall be considered a temporary sign.

   SIGN, VEHICLE. A sign placed, painted, attached or displayed on a vehicle advertising a company, store or service.

   SIGN, WINDOW. A sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window.

   STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

   STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

   STREET or LANE. A public or private thoroughfare which affords the principal means of access to abutting property.

   STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other street upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is an officially established grade, the existing grade of the street at such midpoint shall be taken as the STREET GRADE.

   STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.

   STREET LINE. The legal line between street right-of-way and abutting property.

   STRUCTURE. Structure means a combination of materials to form a construction that is safe and stable and includes among other things stadiums, platforms, radio and television towers, sheds, storage bins, fences and display signs.

   THEATER, MOVING PICTURE. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.

   THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

   TOWNHOUSE. One of a group of two or more attached single-family dwelling units built on one or more common lot lines. Each TOWNHOUSE shall be located on an individually platted lot. The owner owns the living space, the land upon which the TOWNHOUSE sits, the immediate air space above it, and the open space provided for it. Though it may have properties attached to either side, it will not have properties attached above or below it. A TOWNHOUSE can be sold as a condominium, but a condominium cannot be sold as a townhouse.

   TRAILER, HAULING. A vehicle which is designed for hauling animals, produce, goods or commodities, including boats and other recreational devices.

   TRAILER, TRAVEL OR CAMPING. A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants. Also known as a CAMPER or RV.

   TRAVEL OR RV PARK. A plot of ground primarily for use as parking and camping facilities by persons with campers or RVs.

   USE. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.

   UTILITIES. Municipal and franchised utilities, and any other utility approved by the city.

   WALKWAY. A path or area for pedestrians.

   WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

   YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this chapter that building or structure may be located in a portion of a yard required for a main building. In measuring a YARD for the purposes of determining the width of the side yard, the shortest horizontal front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

   YARD, FRONT. An open unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.

   YARD, REAR. A place on the same lot with the principal building, between the rear line of the building and the rear line of the lot and extending the full width of the lot, which is unoccupied except for permitted accessory structures.

   YARD, SIDE. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

   ZONING ADMINISTRATOR. The official designated by the City Council to administer the city’s zoning regulations.

(Prior Code, § 27-A-02) (Ord. 1157, passed 10- -2015; Ord. 1232, passed 7-6-2021; Ord. 1235, passed 10-4-2021)

   (A)   Establishment of zoning districts.

      (1)   For the purpose of promoting the public health, safety, morals, convenience and the general welfare of the community of the city, it is hereby divided into districts of 14 different types, each being such number, shape, kind and area, and such common unity of purpose, and adaptability of use, that are deemed most suitable to carry out the purpose of this chapter.

      (2)   Type of Districts:

         (a)   RA - Residential A (§ 155.020);

         (b)   RB - Residential B (§ 155.021);

         (c)   MR - Mountain Residential (§ 155.022);

         (d)   GC - General Commercial (§ 155.023);

         (e)   MXD-I - Mixed Use District-I (§ 155.024);

         (f)   HS - Highway Service (§ 155.025);

         (g)   GI - General Industrial (§ 155.026);

         (h)   GD - Greenway District (§ 155.027);

         (i)   NU - No Use District (§ 155.028);

         (j)   MGC - Golf Course (§ 155.029);

         (k)   GCRA - Golf Course Residential A (§ 155.030);

         (l)   GCC - Golf Course Commercial (§ 155.031);

         (m)   PUD - Planned Unit Development (§ 155.032); and

         (n)   AZ - Airport Zone (§ 155.033).

   (B)   Zoning map. The location and boundaries of the zoning districts established by this chapter are denoted and defined as shown in the map entitled “Zoning Map of the City of Hot Springs, South Dakota-dated 2015,” and certified by the Zoning Administrator. The said map together with everything shown thereon with all amendments adopted thereto, is hereby incorporated into this chapter as fully set forth and described herein. The zoning map shall be kept and maintained by the Building Official and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.

      (1)   Boundaries shown as following or approximately following streets, highways or alleys shall be construed to follow the centerlines of such streets, highways or alley.

      (2)   Boundaries shown as following or approximately following platted lot lines or other property lines, such lines shall be construed to be said boundary lines.

      (3)   Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.

      (4)   Boundaries shown as following or approximately following the centerline of streams, rivers or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourses and the said boundaries shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated.

      (5)   Boundaries shown as following or closely following the limits of political jurisdictions shall be construed as following such limits.

      (6)   Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive districts shall govern the entire parcel in question, unless otherwise determined by the governing body.

      (7)   Whenever any street, alley or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Prior Code, § 27-A-03) (Ord. 964, passed 2- -2000; Ord. 1033, passed 4- -2008; Ord. 1210, passed 4-6-2020)

   In order to accomplish the general purpose of this chapter, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas and or are potentially incompatible with existing development. These uses may be considered by the governing body through the procedure provided in § 155.073. Other uses permitted on review:

   (A)   Cemetery.

      (1)   The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

      (2)   Any new cemetery shall be located on a site containing not less than 20 acres.

      (3)   All other structures including but not limited to mausoleum permanent monument or maintenance building, shall be set back not less than 25 feet from any property line or street right-of-way line.

      (4)   All graves or burial lots shall be set back not less than 25 feet from: any property line or street right-of-way line.

      (5)   All required yards shall be landscaped and maintained.

   (B)   Drive-in theater.

      (1)   The site must have direct access to a major public road.

      (2)   In addition to the required setbacks from streets and highways, all yards shall be planted and maintained as a landscaped strip.

      (3)   The theater screen shall not be visible from any public street within 1,500 feet. In addition, cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height.

      (4)   Loading space for patrons waiting admission to the theater shall be equal to 20% of the capacity, be separated, and internal circulation shall be laid out to provide one-way traffic.

      (5)   Sale of refreshments shall be limited to patrons of the theater.

      (6)   No central loudspeakers shall be permitted.

      (7)   All parking areas and access ways shall be adequately lighted, provided however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties.

      (8)   Amusement parks or kiddielands shall be limited to patrons of the theater.

      (9)   The connecting driveways shall be surfaced with permanent paving, maintained in good condition and free of all weeds, dust, trash and other debris.

   (C)   Public and private utilities and services. Where permitted, public and private utilities and services shall be subject to the following requirements.

      (1)   Health Department report. Application for permission to operate water works and/or sewage treatment plants shall be accompanied by a report and a recommendation from the State Department of Health. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent shall be incorporated into and made a part of the application.

      (2)   Lot area and location. The required lot area and location shall be specified as part of the application and shall be determined in relation to the proposed use, the intensity of such use and the effects of such use upon the environment.

      (3)   Fencing and/or screening. Where findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding residential properties may ensue, fencing or screening with an evergreen hedge or other shielding material may be required in a manner consistent with such findings.

      (4)   Public utilities service yards. Shall be screened by a seven-foot obscuring fence, wall or mass planting or otherwise so located as not to be obnoxious to the orderly appearance of the district.

      (1)   Definitions for use in this chapter and any corresponding documents and/or forms related to this chapter.

            1.   Submit a use permit on review along with a day care supplement for initial Council consideration and scheduling of the required public hearing as described in § 155.073.

            2.   Be licensed annually. Each day care operator shall submit a fully and properly completed Use Permit on Review - Day Care Supplement by October 10 of each calendar year for the coming year along with an annual renewal fee as stated in the Fee Schedule. No unregistered family day care homes (up to 12 children in care) as defined by the South Dakota Department of Social Services shall be allowed within the City.

            4.   It is the responsibility of the Development Coordinator to coordinate/complete the annual review of the Day Care Supplement and recommend renewal or revocation of the permit.

            5.   The city shall have the right to enter the day care facility in order to conduct a random or complaint based inspection, based on a written complaint.

            6.   Suspension or revocation of registration. The Development Coordinator has authority to suspend or revoke a registration for good cause. "Good cause" may include, but is not limited to:

               a.   Circumstances or events, including exigent circumstances or events, or for the purpose of conducting an investigation involving a provider's action, inaction or failure to comply with any terms of this ordinance, state statute, or state rule when reasonably corroborated and objectively considered to pose an imminent risk of harm to the health, safety or rights of a child in care;

               b.   A registrant, a provider employed by the registrant, or a person present on the premises on a regular basis is required to register as a sex offender under SDCL Chapter 22-24B;

               c.   A registrant, a provider or a person present on the premises on a regular basis employed by the registrant has been added to the central registry for child abuse established by SDCL § 26-8A-10;

               d.   A registrant, a provider or a person present on the premises on a regular basis is a person described in the first sentence of SDCL § 26-6-14.11 or otherwise ineligible under state or federal law to be a registrant or provider;

               e.   The applicant omitted material information upon their application for registration;

               f.   The information on the application for registration under this chapter contains a material misstatement of facts;

               g.   Any failure to comply with the requirements of this chapter;

               h.   Any substantiated allegation of mistreatment, neglect or improper supervision;

               i.   Failure to cooperate with any city personnel or their agent in investigating a complaint regarding the family day care home or a provider, including an impromptu site visit;

               j.   The State Department of Social Services/ child care services has denied, suspended, revoked or refused to renew registration under SDCL Ch. 26-6; or any other substandard condition that the Department of Social Services has determined constitutes a threat to the health, safety or well-being of a child or the children cared for in the family day care home, of which the Department of Social Services has been notified and the department has had an opportunity to thereafter notify the registrant, and the condition has not been remedied within the time specified by the health department.

            1.   The central registry for child abuse established by SDCL § 26-8A-10 has been checked and it does not indicate that the person was responsible for any proven instance of child abuse or neglect.

            2.   The person is not required to register as a sex offender under SDCL Chapter 22-24B.

            3.   A criminal background check has been performed, the results of which do not indicate that the person has been convicted of child abuse pursuant to SDCL Chapter 26-10 or a similar law of any other state or of the United States, at any time, or that the person has been convicted of any felony within the previous five years. For renewal registrations, a criminal background check that is less than three years old is sufficient.

      (2)   If the Development Coordinator finds good cause to suspend or revoke a day care registration, the director may take immediate action to suspend or revoke the provider's registration, A registration suspension shall be temporary in nature and the terms of any suspension shall be specified at the time of issuance; however, if no other time period is specified for a registration suspension, the suspension shall be deemed in effect for the initial maximum time period of 90 days.

      (3)   The suspension period may be reviewed and increased by up to 90-day increments if there is a valid reason for the extension. Circumstances that shall constitute a valid reason for the extension include, but are not limited to, circumstances where either a police or child protection services investigation or action has not been determined or concluded, or where a finding against the provider at the state level has been appealed. However, a total period of suspension shall not exceed one year under any circumstances. The provider shall be informed of any temporary suspension or extension(s) of the suspension period. When a citation or notice of violation is issued, it must be displayed on the door or doors used by parents bringing their children into the day care for at least 30 days after the issuance of the citation or notice of violation. A provider shall have the right to appeal any suspension, extension of a suspension or revocation to the City Council.

   (E)   Automobile wrecking and junk yards.

      (1)   No such operation shall be permitted closer than 300 feet from any established residential district.

      (2)   All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall excepting driveway areas, having a minimum height of eight feet. Storage between the street and such fence is expressly prohibited. Any fence or wall erected for screening purposes shall be within the buildable area of the lot and shall be properly painted or otherwise maintained in good condition.

      (3)   Off-street parking: as regulated in § 155.049.

      (4)   The number of vehicular access driveways permitted on any single street frontage should be limited to:

         (a)   One driveway where the parcel to be used has a maximum street frontage of 100 feet or less;

         (b)   Two driveways where the street frontage exceeds 100 feet; and

         (c)   Driveways used for ingress and egress shall be limited to 25 feet in width, exclusive of curb returns.

   (F)   Recreational fads. An application for a permit for recreational fads including trampoline centers, cart tracks, roller rinks, amusement parks and similar recreational activities not specifically covered by these regulations, shall be reviewed by the governing body as regulated in § 155.073.

   (G)   Recreational Vehicle (RV) parks.

      (1)   RV parks may be allowed with approval of the City Council as provided in § 155.073.

      (2)   RV parks will be inspected and licensed annually and a fee will be charged.

      (3)   An application for an RV park use permit shall be made as follows: application for a permit shall be made on a form provided by the city and submitted to the Zoning Administrator. Each application shall be accompanied by three copies of the plan drawn to scale. The application for a permit shall be accompanied by a minimum fee of in an amount as set by the City Council from time to time. The following information shall be shown on the application:

         (a)   Name and address of the applicant;

         (b)   Location and legal description of the proposed RV park;

         (c)   Plans and specifications of all buildings, improvements, facilities and spaces constructed or to be constructed within the RV park;

         (d)   Proposed use of buildings and spaces shown on the site;

         (e)   The location and size of all recreational vehicle spaces;

         (f)   Location of all points of entry and exit for motor vehicles and internal circulation pattern;

         (g)   The location of all screening and landscaping to be provided;

         (h)   The location of all outdoor lighting to be provided;

         (i)   Location of all walls and fences indicating height and materials of construction;

         (j)   Location of sewage dump station(s) and garbage receptacles;

         (k)   Preliminary approval of planned outdoor fireplace settings; and

         (l)   Such other architectural and engineering data as may be required to permit the city to determine if the provisions of this subchapter are being complied with.

      (4)   Such permit may be issued prior to construction or completion thereof provided that a time schedule for development shall be prepared, which shall demonstrate the applicant’s readiness and ability to provide the proposed services and all required improvements and facilities shall be installed within one year. Use permit will be subject to all remedies provided by § 155.073.

   (H)   Manufactured home subdivisions. The following development standards shall apply for all new manufactured home subdivisions, which shall be approved as a development permitted on review.

      (1)   Minimum area of manufactured home subdivision. Manufactured home subdivisions shall comply with manufactured home subdivision standards. No subdivision shall be allowed to open on less than two acres. Exception: existing mobile home parks shall be subject to the regulations in place prior to the adoption of this chapter and shall fall under § 155.005.

      (2)   Only manufactured homes shall be permitted, except for additions and accessory structures which may be constructed on-site.

      (3)   Minimum lot size: 6,000 square feet, exclusive of public street rights-of-way and private street easements.

      (4)   Street standards.

         (a)   Public streets shall meet minimum standards of the subdivision ordinance or, in the case of private streets, standards established by the City Council in the approval process.

         (b)   Cul-de-sac roads shall have a maximum length of 300 feet and a minimum turnaround of 40-foot radius.

         (c)   Be accessible at all times to fire department, ambulance, police, sanitation and utility vehicles.

      (5)   Street lighting. The developer shall furnish and install street lights in accordance with city requirements. On private streets, lights shall be operated and maintained by the developer.

      (6)   Fencing and screening: as required in § 155.045.

      (7)   Shade trees: the developer shall plant shade trees on the property. A minimum of one tree with a minimum trunk diameter of not less than one inch shall be planted on each manufactured home lot.

      (8)   Drainage and storm sewers, per Chapter 152.

      (9)   Water/sewer facilities, per Chapter 51.

      (10)   Utilities, per state and local requirements.

      (11)   Recreation areas. A park and recreation area shall be provided having a minimum of 150 square feet for each manufactured home site, consolidated into usable space.

      (12)   Storage sheds. Total square footage not to exceed 192 square feet, exclusive of attached or detached garages or carports.

      (13)   Lot width. Minimum 50 feet at the front building line. May be average of 50 feet if the lot abuts a street for a minimum of 30 feet.

      (14)   Perimeter setbacks.

         (a)   Twenty-five-foot perimeter setback from all public rights-of-way.

         (b)   Any perimeter yard abutting a residential district shall maintain a ten-foot setback.

         (c)   All perimeter setbacks shall be maintained and landscaped.

      (15)   Required setbacks from lot and property lines.

         (a)   Twenty-five feet from all road rights-of-way within the manufactured home subdivision.

         (b)   Rear yard. Twenty-five feet.

         (c)   Side yard. Ten feet.

         (d)   Accessory structures. Eight feet, side and rear

      (16)   As regulated in § 155.049.

      (17)   Storage space. The manufactured home subdivision shall provide a paved storage area for boats, campers, RVs and the like, for use only by tenants. The number of spaces within this area shall be equal to one space for every five manufactured homes sites. Each space shall be ten feet by 25 feet.

      (18)   Securing and skirting. All manufactured homes and accessory structures shall be securely anchored to the ground, at intervals approved by the Building Official. Manufactured homes, once in their permanent location upon the lot, shall be fully skirted within 45 days.

      (19)   Garages, carports and additions to manufactured homes.

         (a)   Building permits shall be required for all garages, carports and additions, which shall meet all setback requirements.

         (b)   No additions or structures erected shall have a height greater than the height of the manufactured home to which it is attached; and shall be supported by a foundation approved by the Building Official.

      (20)   Signs.

         (a)   The developer shall install, in accordance with standards of the city, all road and street name signs.

         (b)   Each manufactured home park shall be permitted to display, on each frontage, one identifying sign of maximum size of 25 square feet.

      (21)   A bond or other guarantee may be required by the City Council to assure completion of all requirements within this section.

      (22)   General provisions.

         (a)   Sidewalks from the paved driveway to the main entry of the manufactured home shall be a minimum of 36 inches in width.

         (b)   Each manufactured home shall have an address of three-inch high letters mounted on the side fronting the street.

         (c)   Each manufactured home space shall be clearly defined by permanent markers.

         (d)   Each manufactured home space shall be serviced by the public water and sewer system and shall be individually metered. Manufactured homes that cannot be connected to the public water and sewer system shall not be permitted.

         (e)   Manufactured homes shall not be used for commercial, industrial or other non-residential uses, except home occupations as defined in § 155.053, and permitted as a use permitted on review per § 155.073.

      (23)   Subdivision application requirements. The application shall be accompanied by three copies of the plot plan drawn to scale, and prepared by a licensed engineer or architect. The following information shall be shown:

         (a)   The name and address of the applicant;

         (b)   The location and legal description of the proposed manufactured home subdivision;

         (c)   Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the manufactured home subdivision;

         (d)   The proposed use of buildings shown on the site;

         (e)   The location and size of all manufactured home spaces;

         (f)   The location of all points of ingress and egress and internal traffic circulation pattern;

         (g)   A landscaping plan;

         (h)   The location of all lighting standards to be provided;

         (i)   The location of all walls and fences, the indication of their height, and the materials of their construction;

         (j)   Such other architectural and engineering data as may be required to permit the Zoning Administrator and the City Council to determine if the provisions of this chapter are being complied with; and

         (k)   An estimated timetable for project development.

(Prior Code, § 27-A-05) (Ord. 1156, passed 10- -2015; Ord. 1229, passed 4-6-2021; Ord. 1232, passed 7-6-2021)

   Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained and repaired, except as otherwise provided in this section.

   (A)   Continuance of nonconforming uses. The lawful operation of a nonconforming use as such use existed on the effective date of this chapter, or any amendment hereto, by which the use became a nonconforming use, may be continued; provided however, that the number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units in the nonconforming use on the effective date of this chapter.

   (B)   Extension of nonconforming uses in structures. A nonconforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinances, are made therein.

   (C)   Changes in nonconforming uses. Where a nonconforming use exists, it cannot change to another nonconforming use of different quality and characteristics unless the use is more compatible with the characteristics of the neighborhood in which it is located. Where a nonconforming use has changed to a more compatible use, it shall not be changed back to a less compatible use.

   (D)   Termination of nonconforming uses. A nonconforming use that has been abandoned or discontinued for a year shall not hereafter be re-established.

   (E)   Open land nonconforming use. A nonconforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally out-of-doors and outside of a building or structure shall, after 24 months from the date of notification, become a prohibited and unlawful use and shall be discontinued.

   (F)   Destruction, damage or obsolescence of structure. The right to operate and maintain any nonconforming use shall terminate whenever the structure, or structures, in which the nonconforming use is operated and maintained, are damaged, destroyed or become obsolete or substandard beyond the limits hereinafter established for the termination of nonconforming structures.

   (G)   Continuance of nonconforming structures. Except as hereinafter provided, any nonconforming structure may be occupied and operated and maintained in a state of good repair.

   (H)   Enlargement or extension of nonconforming structures. A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended; a nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

   (I)   Restoration of damaged nonconforming structures. A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60% of its replacement cost may be restored, provided restoration is completed within one year of the date of the damage.

   (J)   Outdoor advertising signs and structures. No outdoor advertising sign or outdoor advertising structure which, after the adoption of this chapter, exists as a nonconforming use in any district, shall continue, as herein provided for nonconforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years following official notification of the nonconforming use exists.

   (K)   Nonconforming mobile home use. Any nonconforming mobile home use in a residential district shall terminate when the mobile home is removed from the real property or a majority of the mobile home has been destroyed so it is no longer habitable.

(Prior Code, § 27-A-07) (Ord. 964, passed 2- -2000; Ord. 1047, passed 4- -2007)

   All uses and structures not specifically listed as a permitted use, special permitted use, or as a conditional use in a particular zoning district shall be prohibited in said district.

(Ord. 1235, passed 10-4-2021)