(B)   No lane, road, avenue, street or platted street or right-of-way shall be accessed through any privately owned property or by any subdivision or development except where that access has been reviewed by the Commission and accepted by the city as a deeded or platted access, and in no case shall any lane, road, avenue or street receive traffic flow greater than its intent and design.

   (C)   Landscaping, as required herein, shall be provided for all multi-family residential, civic, church, office, commercial and industrial construction within the jurisdiction of the city. Landscaping shall also be provided for any addition to an existing multi-family residential, civic, church, office, commercial or industrial use if the proposed addition or use increases the size or occupant load of the existing structure. Requirements are as follows:

      (1)   Application. Landscaping consisting of trees, shrubs, ground cover, flowers and screening as deemed applicable shall be required for any new construction or expansion of existing uses. Hereafter, all plans submitted in support of a building permit shall include a landscape plan and include screening where appropriate.

      (2)   Information required. All plans submitted for approval of a landscape plan shall have the following information included:

         (a)   North point and scale;

         (b)   The location, size and surface of materials of all structures and parking areas;

         (c)   Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection;

         (d)   The location, size and type of all above ground and underground utilities and structures within property notation, where appropriate, as to any safety hazards to avoid during landscape installation. Landscaping shall not interfere with above or below ground utilities or sewer systems. Landscaping shall be located to ensure long term growth;

         (e)   Complete and accurate botanical and common names of each plant material, the number and location of trees or plants to be placed, the size of planting and areas to receive seed or sod;

         (f)   Mature sizes of plant material shall be drawn to scale and called out on plan by common name of appropriate key;

         (g)   Location of hose connections and other water sources;

         (h)   Any proposed retaining walls, indicating location, size and material to be used in the construction of the wall; and

         (i)   The location, size and type of required screening methods required as follows:

            1.   All plans submitted in support of a building permit or use permit shall include a detailed drawing of applicable screening methods. Such drawings may be included as part of the landscape plan. Any buffer or screening requirement located on an adjacent property may be utilized as a portion of a required buffer or screen.

            2.   Commercial trash bin screening. All multi-family residential projects, mobile home parks, civic, church and all commercial, office and industrial project shall be included on the landscape plan with a detailed drawing of enclosure and screening methods to be used in connection with trash bin(s), storage yards, parking lots and equipment areas on the property. No trash bin shall be visible from the street, and a permanent masonry or frame enclosure shall be provided for each such bin.

            3.   Screening requirements shall be in compliance with division (C)(3) below.

      (3)   Screening standards. A screen shall consist of a screen wall, fence, earth berm or densely planted evergreen to effectively restrict the view to adjoining property to a height of not less than eight feet. Multi-story buildings must have in addition to a sight proof fence, a continuous row of deciduous canopy trees adjacent to residential land uses.

      (4)   Existing screening. No existing screening or landscape buffer shall be removed from any developed or undeveloped commercial property, which directly abuts a residentially zoned property, without first submitting and obtaining approval for a landscaping plan, which plan provides for replacement screening conforming to all provisions of this section.

(Prior Code, § 27-A-06-01)

   (A)   Accessory uses. The uses of land, buildings and other structures permitted in each of the districts established by this chapter are designated by listing the principal uses permitted. In addition to such principal uses, this section shall regulate uses customarily incidental to any principal use permitted in the district.

   (B)   General provisions. 

      (1)   Each permitted accessory use shall:

         (a)   Be customarily incidental to the principal use established on the same lot;

         (b)   Be subordinate to and serve such principal use;

         (c)   Be subordinate in area, extent and purpose to such principal use; and

         (d)   Contribute to the comfort, convenience or necessity of users of such principal use.

      (2)   Accessory uses shall be permitted as specified above. Such accessory uses shall be applicable to the principal use, shall conform to applicable setback requirements, and shall include but not be limited to the following.

         (a)   For dwellings.

            1.   Shelter to house animal pets, but not exceeding two shelters per dwelling, the total square foot area not to exceed 32 square feet;

            2.   Children’s playhouse and playground equipment;

            3.   Private greenhouse, vegetable, fruit or flower garden, from which no products are sold or offered for sale;

            4.   Private garage or carport;

            5.   Private swimming pool and bathhouse; and

            6.   Shed for the storage of maintenance or recreation equipment used on the premises, total square footage of storage not to exceed 192 square feet.

         (b)   For church, chapel, temple or synagogue.

            1.   Parish house or residence for the clergyman of the congregation;

            2.   Religious education building; and

            3.   Other accessory uses which in the opinion of the governing body will not be injurious to the district may be permitted as a use permitted on review.

         (c)   For education institutions.

            1.   Convent or lay teacher’s quarters;

            2.   Dormitories;

            3.   Power or heating plants;

            4.   Stadiums, gymnasiums, field houses, game courts or fields; and

            5.   Other accessory uses which in the opinion of the governing body will not be injurious to the district may be permitted as a use permitted on review.

         (d)   For golf and country clubs.

            1.   Dwelling for caretaker;

            2.   Maintenance equipment storage shed;

            3.   Pro shop;

            4.   Lounge and dining area; and

            5.   Other accessory uses which in the opinion of the governing body will not be injurious to the district may be permitted as a use permitted on review.

         (e)   For hospitals and health institutions.

            1.   Staff quarters;

            2.   Laundry, incidental to the principal use only;

            3.   Medical and nursing instruction;

            4.   Chapel; and

            5.   Other accessory uses which in the opinion of the governing body will not be injurious to the district may be permitted as a use permitted on review.

         (f)   For industrial uses in the industrial districts.

            1.   Offices;

            2.   Restaurants or cafeterias;

            3.   First aid clinics or dispensaries;

            4.   Watchmen’s quarters;

            5.   Research or pilot structures; and

            6.   Other accessory uses which in the opinion of the governing body will not be injurious to the district may be permitted as a use permitted on review.

(Prior Code, § 27-A-06-02)

   The following requirements are intended to provide exceptions of quality and supplement, as the case may be, the specific district regulations set forth in §§ 155.020 through 155.031.

   (A)   In measuring heights, a walk-out basement or habitable attic shall be counted as a half story.

   (B)   The following structures or parts thereof are hereby exempt from the height limitations set forth in the zoning districts:

      (1)   Agricultural buildings: barns, silos, windmills, but not including dwellings;

      (2)   Chimneys, smokestacks, penthouses, flagpoles, ventilators, skylights, derricks, conveyors and cooling towers;

      (3)   Radio and television antennas and towers, observation towers and power transmission towers;

      (4)   Water tanks and standpipes; and

      (5)   Other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts, in which they are located, provided that they are not used for human occupancy.

   (C)   Churches, schools, hospitals, sanatoriums and other public and semi-public buildings may exceed the height limitations of the district if the minimum depth of the front, side and rear yards required in the district is increased one foot for each two feet by which the height of such public and semi-public structure exceeds the prescribed height limit.

(Prior Code, § 27-A-06-03)

   The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in §§ 155.020 through 155.031.

   (A)   No yard, open space or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:

      (1)   Awnings, arbors and canopies encroachment not to exceed six feet;

      (2)   Bay windows and chimneys, not to exceed two feet;

      (3)   Driveways, curbs and sidewalks;

      (4)   Fences, walls and hedges, subject to the regulations as set forth in this section;

      (5)   Flagpoles, light poles, mailboxes and similar miscellaneous placements;

      (6)   Garbage disposal equipment, nonpermanent;

      (7)   Landscape features, planting boxes;

      (8)   Overhanging roof, eave, gutter, cornice or other architectural features, not to exceed three feet;

      (9)   Parking space subject to the regulations set forth in § 155.049;

      (10)   Signs, subject to the regulations set forth in § 155.051;

      (11)   Covered steps, stoops, ramps, porches, decks, patios or terraces provided the total footprint of such structure(s) is not greater than 60 square feet in area, is not enclosed, and does not encroach into the required yard (set back area) more than six feet; and

      (12)   Trees, shrubs, flowers and other plants subject to the vision requirements in this section.

   (B)   The following regulations provide for the maximum safety of persons using sidewalks and streets, and for the maximum enjoyment of the use of property.

      (1)   On any corner lot where a front and side yard is required, no wall, vehicle, fence, sign, structure or any plant growth which materially obstructs sight lines at elevations between two and one-half feet and ten feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the point so established to form a slight triangle on the area of the lot adjacent to the street intersections.

      (2)   In any required front yard, except as provided in division (B)(1) above, no fence, wall, hedge or yard ornament shall be permitted which materially impedes vision across such yard above the height of three and one-half feet.

      (3)   Sound and safety barriers in the form of shrubbery, landscaping, opaque fences or walls along lot lines adjoining the rights-of-way of major or minor arterial streets with controlled intersections may be approved as a use permitted on review in accordance with § 155.073. The fee for the use permit hearing shall be waived where a property owner is seeking a use permit for a sound and safety barrier which is in existence at the time that this chapter is enacted.

   (C)   The purpose here is to clarify certain conditions pertaining to the use of lots and access points.

      (1)   In residential districts, if 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but, this regulation shall not require a front yard of a greater depth than 50 feet.

      (2)   In a residential district, if 50% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback of less than 25 feet and no building line varies more than five feet from this average setback line, then a building may be erected observing the average setback so established.

      (3)   Lots having frontage on more than one street shall provide the required front yards along those streets.

      (4)   Division of a lot.

         (a)   No recorded lot shall be divided into two or more lots unless such division results in the creation of lots each of which conform to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted. All subdivided property must be recorded on a new plat map according to procedure outlined in the subdivision ordinance (Chapter 154) of the city.

         (b)   No structure shall be constructed so as to be built on top of, or to extend over, platted property lines. Structures shall be required to comply with the set back requirements from property lines for the district in which they are located.

         (c)   No structure shall be constructed on any vacated street or alley without such vacated street or alley having been recorded on a new plat map and recorded in the County Register of Deeds office.

         (d)   Municipal utilities serving a property shall enter that property directly from the right-of-way or easement containing those municipal utilities, except where a legal utility easement has been provided for those utility services to cross separately platted properties.

      (5)   Dwellings on small lots: where there are existing recorded lots which do not meet the minimum lot area requirement and are under separate ownership. Single-family dwellings may be constructed as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 12 feet and as long as all other requirements, except lot size, are met.

      (6)   Principal uses without building: where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.

      (7)   Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the center line of the street easement.

      (8)   No dwelling shall be erected on a lot which does not abut on at least one street for at least 30 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main building if all other provisions of this chapter are complied with and the apartment dwelling complies with all applicable building codes.

      (9)   An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line, except that on any corner lot where an existing primary structure does not meet the setback requirements of the district, a private garage may be constructed to conform to the lines of the main structure provided:

         (a)   The approval of the building permit substantially adheres to the purpose and intent of this chapter;

         (b)   The proposed structure is not closer than four feet to any interior lot line; and

         (c)   The proposed structure meets with all other requirements of the district.

      (10)   Accessory buildings shall not be located in any required front yard.

(Prior Code, § 27-A-06-04) (Ord. 964, passed 2- -2000; Ord. 1016, passed 3- -2005)

   (A)   Off-street parking requirements, general. In all districts, except the General Commercial (GC) District, there shall be provided at any time any building or structure is erected or enlarged or increased in capacity, off-street parking space for automobiles in accordance with the following requirements.

      (1)   Off-street parking for other than residential use shall be either on the same lot or within 200 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot, without crossing any major thoroughfare.

         (a)   In all districts except General Commercial (GC) shall establish joint parking facilities where possible, not to exceed 50% of the required spaces, with institutions and agencies that do not have a time conflict in parking demand. The joint parking facilities shall be located no further than 400 feet from the facilities’ entrances.

         (b)   In cases of shared off-street parking where operating hours do not overlap, the Zoning Administrator may grant an exception when the applicant can show no negative impact to the surrounding neighborhood.

      (2)   Residential off-street parking space shall consist of:

         (a)   A parking lot, driveway, garage or combination thereof and shall be located on the lot they are intended to serve; and

         (b)   Adequate provisions for the off-street parking of any RV, camper, trailer, boat or other seasonal recreation vehicle that are in the ownership or possession of the occupant(s) of the building, dwelling or property.

      (3)   Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere.

      (4)   Off-street parking existing on the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

      (5)   Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately.

      (6)   The required off-street parking shall be for occupants, employees, visitors and patrons and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles on such parking area is prohibited.

      (7)   Every company car, truck, tractor and trailer normally stored at the property shall be provided with an off-street parking space in an area reserved for the use as determined by the governing body.

      (8)   For uses not specifically mentioned herein, off-street parking requirements shall be interpreted by the Zoning Administrator.

      (9)   The minimum number of off-street parking spaces shall be determined in accordance with the following.

         (a)   Dwellings, one-family and two-family: two spaces per dwelling unit.

         (b)   Dwellings, multi-family: two and two-quarter spaces per dwelling unit except for senior citizens housing which shall provide one and one-half spaces per unit.

         (c)   Hotels, motels, rooming houses, bed and breakfast establishments: one space per guest room.

         (d)   Manufactured home subdivision: two spaces per manufactured home.

         (e)   Nursing homes, long-term care facilities: one space per four beds.

         (f)   Theaters, auditoriums, gymnasiums: one space per three seats; convention facilities: one space per 15 square feet of assembly area; multiple-screen theater: one space per five seats.

         (g)   Churches: one space per four seats.

         (h)   Funeral homes: one space per four seats.

         (i)   Schools, elementary: two spaces per classroom.

         (j)   Schools, other than elementary: ten spaces per classroom.

         (k)   Restaurants, on-sale liquor establishments: one space per 100 square feet of gross floor area.

         (l)   Private and public utility substations, commercial storage units. No parking requirements except that all areas of ingress/egress and loading/unloading/storage shall be hard surfaced.

         (m)   Health clinics: single practitioner clinics one space per 300 square feet of gross floor area; multiple practitioner clinics one space per 200 square feet of gross floor area.

         (n)   Industrial and manufacturing establishments: one space per 400 square feet of gross floor area.

         (o)   Warehouses shall provide one parking space per 1,000 square feet of gross floor area plus one parking space per employee.

         (p)   Group care homes/assisted living and congregate care facilities: one space for each three residents, one handicapped space, and one space for each employee on the most fully staffed shift.

         (q)   Office buildings for general business, commercial and personal service establishments: one space per 200 square feet of gross retail floor area.

         (r)   Buildings for retail trade: one space per 300 square feet of gross retail space.

         (s)   Drive-up windows: driveways for drive-up service windows shall be of sufficient length to accommodate the stacking of three vehicles.

         (t)   Sports and recreation facilities:

            1.   Golf course: six spaces per hole;

            2.   Baseball/softball/soccer: 36 spaces per field;

            3.   Tennis court: four spaces per court;

            4.   Swimming pool/water park: as per a parking plan approved by the City Council; and

            5.   Bowling alley: four spaces per lane.

         (u)   Fire/ambulance facilities: fire, four spaces per bay; ambulance, three spaces per bay.

         (v)   New and used vehicle and equipment sales: all areas used for parking, staging, storage and display shall be paved.

         (w)   Manufactured home sales: based on standard requirements for permanent structures and sales offices.

   (B)   Off-street parking (driveways and parking lots) construction. For all new construction, driveways or entrances devoted to or utilized for the vehicular path of ingress or egress to a place, and all areas devoted to or utilized for the parking or display of vehicles or equipment, and areas regularly utilized by employees, customers, patrons or members for parking or for accessing parking areas, shall be constructed and maintained in accordance with the following regulations.

      (1)   All areas devoted to permanent off-street parking as required under this section shall be constructed of a hard surface material such as asphalt or concrete and maintained in such a manner that no dust will result from continuous use. A paving plan shall be submitted to the Building Official which shall include:

         (a)   A clear and concise site plan of the property including all existing buildings;

         (b)   The site plan shall include the names of the owners and their contact information, name of the business, address and legal description of the property;

         (c)   All areas of vehicular ingress/egress, travel paths and parking areas, with dimensioning;

         (d)   Proposed drainage areas and storm water control devices;

         (e)   Proposed areas to be paved to comply with paving requirements shown in construction details and landscaped areas for storm water control and climate enhancement;

         (f)   Any proposed lighting in plan showing light fixture locations and details regarding the proposed light fixtures (make, model, light source and the like); and

         (g)   The minimum paving area requirements shall include:

            1.   The primary ingress/egress route(s). If there are two entrances to the building from one street or highway, both shall be required to be paved;

            2.   The primary driving path(s) to the required parking area;

            3.   The areas devoted to parking as denoted in this section;

            4.   Driveways shall have as minimum: four inches highly compacted base course with two inches Class G asphalt mat;

            5.   Parking areas shall have as minimum: four inches highly compacted base course with two inches Class G asphalt mat; and

            6.   Handicap parking spaces shall meet latest revisions of the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. and Architectural Barriers Act Accessibility Guidelines, being 42 U.S.C. §§ 4151 et seq.

      (2)   Except for parcels of land devoted to one- and two-family uses, all areas devoted to off-street parking shall be so designed and be of such size that no vehicle is required to back into a public street to obtain egress.

      (3)   Each non-residential parking space shall be not less than 200 square feet in area and shall be a clearly designated stall adequate for one motor vehicle, but shall be sufficient for the type of motor vehicles it is intended to serve.

      (4)   In any determination of parking requirements as set forth in this section, where the resultant figure contains a fraction, any fraction less than one-half may be dropped and any fraction of one-half or more shall be counted as one parking space.

      (5)   The parking lot shall be designed to eliminate surface water and shall comply with the requirements of the city’s erosion and sediment control ordinance, Chapter 152.

      (6)   New and used car lots, and lots used for the display of farm, industrial or commercial equipment for sale or rent, shall be constructed of a hard surface material such as asphalt or concrete and maintained in such a manner that no dust will result from continuous use.

      (7)   A minimum five-foot wide landscape buffer strip is required between public sidewalks and off-street parking stalls, parking lots and parking lot access driveways that run parallel to a public sidewalk. The purpose of the buffer is to provide separation between vehicles and pedestrians; to allow the opportunity for vegetation including street trees to be incorporated into our community to provide shade, storm water uptake and aesthetic improvements; and to increase community pride. A waiver of this requirement will be considered if the proposed development is within the downtown area where the sidewalk is directly adjacent to the curbs.

         (a)   The landscape buffer shall be designed so that there is a mix of live plant material and rock, gravel and the like, with not more than ten feet in any direction without plant cover or tree canopy. The buffer shall be visually distinct from the adjacent sidewalk and discourage vehicles from driving over the sidewalk.

         (b)   Areas within the public right-of-way may be included in the five-foot dimension.

         (c)   This requirement does not apply to the following:

            1.   A standard residential driveway that provides access to a garage, carport or uncovered parking space located on private property;

            2.   A driveway needed to cross the buffer strip to provide access from the street to parking stalls; or

            3.   Parking that is located within the public right-of-way boulevard, where approved.

      (8)   For existing uses, excluding one- and two-family residences and new businesses within the GC Zone, that are undergoing a modification, change or alteration to the existing structure, and who do not have a hard surface driveway or paved off-street parking area, a plan shall be provided that shows areas of pavement not to exceed 10% of the cost of the proposed improvements that will move the property into compliance with these regulations. (See also § 155.045(C), landscape requirements.)

(Prior Code, § 27-A-06-05) (Ord. 1163, passed 3-7- 2016)

   Commercial vehicles shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions.

   (A)   Not more than two commercial vehicles per family living on the premises which do not exceed one and one-half tons rated capacity (per vehicle), shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquified petroleum products be permitted.

   (B)   Vehicles and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored between the back of curb and the adjacent property line along any substantially improved street.

   (C)   In any required front or side yard, with the exception of temporary parking in a garage or carport driveway, it shall be prohibited to park or store, or to provide for the parking or storing, of any:

      (1)   Motorized or wheeled vehicle or equipment;

      (2)   Partially dismantled, non-operating or unlicensed vehicle;

      (3)   Air, land or water recreational equipment; or

      (4)   Any other discarded items or materials.

(Prior Code, § 27-A-06-06)

   By virtue of its Southern Black Hills location with its pristine vistas and the unique sandstone architecture of its historic district, the city has determined that, for the general welfare of its citizens and to protect and to further promote the historic significance of the city, consideration of signage aesthetics shall be a primary determinant in the review and permitting of all signs in the city. The purpose of this section shall be to establish effective local regulation of outdoor advertising. It is intended to provide for the convenience of the traveling public, for the promotion of locally available facilities, goods and services, and to minimize any negative impact on adjacent properties. It is also attempting to pursue a reasonable number of and placement of signs and billboards.

   (A)   In any area where advertising signs are permitted, all applicable state and federal regulations shall apply. In addition, any business sign or advertising sign erected within areas referred to as natural or scenic beauty, areas of historical interest, or other areas within the city referenced within this chapter or attachments, or resolutions to this chapter, not including state highways or roads and commercial lots with an approved on-premises business sign shall be required to conform to the following regulations:

      (1)   Advertising signs shall not be located in any area designated by the governing body as one of historical interest except as provided in the Historic Preservation District Ordinance.

      (2)   Advertising signs shall not be located in any area designated by the governing body as one of scenic beauty or natural attractions. Such areas shall be approved by the City Council and listed or illustrated by an attached map and/or described by common name. This registry, list or map may be reviewed at any time by the governing body at which time areas under review may be added to or deleted from the natural or scenic area designation.

      (3)   Off-premises advertising signs or billboards may be permitted through use permitted on review procedure in accordance with § 155.073. Construction of off-premises signs shall be regulated through the building permit process.

      (4)   Roof signs shall be architecturally integrated into the roof structure design and in no case extend above the building roof line.

      (5)   On-premises business signs in General Commercial, Golf Course Commercial and Mixed Use Districts advertising the business on that specific site shall be limited to:

         (a)   Double-sided pole, monument or projecting signs, of which none shall exceed 25 square feet in size (50 square feet aggregate sign area); and

         (b)   Wall mounted sign(s), the areas of which shall not exceed 25 square feet for each 25 feet of street frontage. Where the provisions of division (A)(4)(a) above are not used, the wall sign allowance shall be two square feet of sign space per one lineal foot of commercial street frontage. A wall sign may project not more than six inches from the storefront.

         (c)   In no case shall any one sign exceed 50 square feet in aggregate area, except that an on-premises billboard may be permitted through use permitted on review procedure in accordance with § 155.073.

         (d)   In no case shall any combination of signage exceed two square feet of sign space per one lineal foot of commercial street frontage, except that no bonafide business shall not have less than 50 square feet of sign space allotted to them.

         (e)   Signs shall be placed adjacent to the street upon which the sign allowance was calculated.

         (f)   On-premises pole signs shall not be placed closer than 51 feet to any other pole sign.

         (g)   Signage for customary home occupations as regulated in division (A)(8) of this section.

         (h)   Exceptions:

            1.   Fuel stations, hotel/motels and restaurants in GC zones may comply with Highway Service sign regulations for reader-type signs.

            2.   Sign structures housing signs for multiple businesses shall be considered a commercial structure and regulated through the building permit process.

      (6)   On-premises business signs in Highway Service and Industrial Districts advertising the business on that specific site shall be limited to:

         (a)   Pole signs, not to exceed 20 square feet of aggregate sign area, provided that pole signs do not exceed 30 feet in height.

         (b)   Monument signs, not to exceed 50 square feet in size, exclusive of the supporting elements, provided that no part of the sign or structure exceeds six feet in height and complies with the corner lot provisions of § 155.048(B)(1).

         (c)   No sign or element thereof shall be constructed closer than five feet to any property line.

         (d)   Wall mounted or projecting sign(s) shall be limited to two square feet of sign space per one lineal feet of commercial street frontage. A wall sign may project not more than six inches from the storefront.

         (e)   In no case shall any sign exceed 50 square feet in size, exclusive of the supporting elements, with the exception of pole signs which shall not exceed 100 square feet in size.

         (f)   In no case shall any combination of signage exceed two square feet of sign space per one lineal foot of commercial street frontage, except that no bonafide business shall not have less than 50 square feet of sign space allotted to them.

         (g)   Signs shall be placed adjacent to the street upon which the sign allowance was calculated.

         (h)   On-premises pole signs shall not be placed closer than 51 feet to any other pole sign.

         (i)   Monument signs shall not be placed closer than 76 feet to any other monument sign.

         (j)   Note: These provisions allow for pole/monument sign combinations and multiple advertisements on a single sign face or sign pole. Engineering data is required for all pole sign structures.

         (k)   Exceptions:

            1.   Company emblems, logos and trademark names architecturally designed into fuel station canopies do not count towards the aggregate sign area.

            2.   Sign structures housing signs for multiple businesses, such as a mall or shopping complex, shall be considered a commercial structure and shall be regulated through the building permit process.

      (7)   All illuminated off- and on-premises signs or billboards shall be equipped with lighting fixtures designed and mounted in such a manner to only illuminate the sign or billboard face. At no time shall the light source be allowed to shine or reflect into or on any residential dwellings within 250 feet of the sign or billboard. All effort must be made to avoid illuminating the ground, other objects and the sky, and must not adversely impact adjacent properties or streets.

      (8)   Business signs which direct attention to a home occupation, where such is permitted, shall not exceed four square feet in area, and shall be limited to one such sign per approved home occupation use. No sign shall be placed closer than 20 feet to any property line abutting a street.

      (9)   Churches, hospitals, clinics or similar occupancies in residential districts shall not exceed 32 square feet in area. Such sign shall be either a wall sign or a ground sign and shall not be constructed, placed or erected at or near any intersection such that it would violate the 25-foot sight triangle at intersections.

      (10)   In any area within the jurisdiction of the city, the following signs shall be allowed:

         (a)   For each permitted or required parking area that has a capacity of more than four cars: one sign not more than four square feet in area, designating each entrance to or exit from such parking area; and one sign, not more than four square feet in area, identifying or designating the conditions of use of such parking area.

         (b)   One non-illuminated “For Sale” or “For Rent” sign not exceeding 16 square feet in area and advertising the sale, rental or lease of the premises on which the sign is located. Sign may not exceed 48 inches in width or height.

         (c)   For each real estate subdivision that has been approved in accordance with the regulations of the city, one sign per entrance, not over 100 square feet in area, advertising the sale of property in such subdivision. Permits for such signs shall be issued for a two-year period and may be renewed for additional two-year periods.

         (d)   For construction on or development of 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.

         (e)   Seasonal on-premises advertising signs, for agricultural products raised and/or cultivated on that land, not to exceed 12 square feet in area.

         (f)   Political or campaign signs. Political signs must be removed within five days following such election, unless the candidate is involved with on-going subsequent elections in which the sign is intended to influence.

         (g)   Small directional signs shall not be greater than 18 inches by 24 inches rectangular or 18 inches in diameter. Directional signs shall require approval from the Zoning Administrator.

         (h)   Signs established by, or by order of, any governmental agency.

      (11)   Temporary signs.

         (a)   All temporary signs shall be placed, built, erected or moved onto site location in such a manner as to be easily removed.

         (b)   Real estate signs, garage sale signs and political signs may be placed within the right-of-way of a city street subject to the following conditions.

            1.   Signs face shall not exceed 24 inches by 24 inches in area.

            2.   Signs shall not exceed 36 inches in height.

            3.   Signs shall not be placed within four feet of any improved street or within ten feet of the traveled path of any unimproved street.

            4.   Signs shall not be placed in any unsafe manner.

            5.   These provisions do not apply to state rights-of-way.

         (c)   Temporary off-premises signs for special events, such as benefits, festivals or similar activity are 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 must substantially conform to the regulations within this chapter.

         (d)   Temporary on-premises business signs may be placed in lieu of a permanent on-premises sign provided that a sign permit for a permanent on-premises sign has been applied for and the placement of the temporary on-premises sign complies with all other provisions of this chapter and is not placed on the premises for a length of time greater than 60 days from the date of the sign application.

         (e)   The following items shall be considered on all temporary signs.

            1.   Banners which hang across public property shall have prior approval from the city.

            2.   All signs, whether attached to vehicle, pole or other structures shall be in such a manner that it will not endanger life or safety of others.

            3.   Signs placed within any right-of-way or on any public property or attached to any traffic sign, power pole or fire hydrant, which is placed in any manner that impedes or endangers pedestrian or vehicular traffic, shall be subject to immediate removal by the city. Such signs removed may be retrieved at City Hall for a fee in an amount as set by the City Council from time to time each payable to the City Finance Officer. Signs not retrieved within 30 days will be discarded.

            4.   May not create visibility problems or interfere with line of sight with any traffic sign or official signs.

            5.   Shall substantially adhere to this chapter except where noted otherwise.

            6.   Attention-attracting devices must be approved by the Zoning Administrator. The Zoning Administrator shall consider the type of device, location and time duration proposed along with any other pertinent information.

            7.   Freestanding portable signs (mobile signs), and temporary electronic signs that will be used for grand openings or special events, must be pre-approved by the Zoning Administrator.

            8.   Garage/yard sale signs do not require a permit, but shall not be placed longer than three days prior to the event and shall be removed immediately following the event.

      (12)   Off-premises signs shall not be constructed to resemble any official marker erected by a governmental entity, or which by reason of position, shape or color would conflict with the proper functioning of any official traffic control device, sign or marker.

      (13)   Signs shall not overhang into or be placed in a dedicated public right-of-way, except as allowed by that governmental entity having jurisdiction over that right-of-way.

      (14)   Signs shall not overhang into or over adjoining property, without proof of written approval by that adjoining property owner.

      (15)   Any non-commercial vehicle bearing commercial advertisement shall be considered off-premises signage and off-premises advertising.

      (16)   Vehicle roof mounted signs shall not exceed two square feet.

   (B)   Application and permitting.

      (1)   Off-premises application.

         (a)   All off-premises signs and billboards shall be subject to the use permitted on review requirements in § 155.073 of the city code of ordinances. Application shall be on a form provided by the Zoning Administrator.

         (b)   All other sign applications shall be made on a form provided by the Zoning Administrator and shall adhere to the provisions of this section.

      (2)   Fees. One-time fee shall be assessed per each issued sign permit as follows:

 

 

   (C)   Unsafe and unlawful signs. Whenever it shall be determined by the Zoning Administrator that any sign or billboard has been constructed or erected or is being maintained in violation of the terms of this section, or is unsafe, insecure or deteriorated, such sign shall either be made to conform with all sign regulations as provided by this section or shall be removed within 30 calendar days after written notification thereof by the Zoning Administrator. Such sign shall be removed at the expense of the owner or lessee thereof. If the Zoning Administrator finds that any billboard or sign has deteriorated more than 50% of its replacement value or is not repaired within the time specified in the notice of violation, the Zoning Administrator shall notify the owner of the sign or billboard and the owner of the real property on which the sign or billboard is located, to remove the sign or billboard from the property at the sign or billboard owner’s expense within a specified period of time stated on the notice of violation. Signs which advertise an activity, business or service which has been out of business for 90 days, must remove the sign within or by the end of the 90-day period.

(Prior Code, § 27-A-06-07) (Ord. 964, passed 2- -2000; Ord. 1038, passed 9- -2006)

   (A)   The following regulations shall apply to all gasoline service stations.

      (1)   There shall be a building setback from all right-of-way lines a distance of not less than 40 feet.

      (2)   Service stations shall not be constructed closer than 50 feet to any residential district.

      (3)   The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a service station shall be not less than 40 feet.

      (4)   A raised curb at least six inches in height shall be constructed on all street property lines, except at driveway openings.

      (5)   The length of curb openings shall not exceed 30 feet.

      (6)   When two curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of 25 feet at both the edge of the pavement and the right-of-way line. Curb cuts for driveways shall not be located closer than ten feet to any adjoining property line.

      (7)   To insure that sufficient room be provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than 50 feet from any residential district.

      (8)   Gasoline pumps shall not be located closer than 15 feet to any street right-of-way line.

      (9)   Landscape requirements, aesthetic barriers and screening requirements shall be regulated in accordance with § 155.045.

      (10)   Off-street parking shall be as regulated in § 155.049.

   (B)   Signs shall be as regulated in § 155.051.

(Prior Code, § 27-A-06-08)

   (A)   This section defines customary home occupations and prescribes the conditions under which such occupation shall be permitted.

      (1)   Purpose. The purpose of this section is to:

         (a)   Protect residential areas from the adverse impact of excessive traffic, nuisance, noise and other possible effects of commercial activities within residential neighborhoods; and

         (b)   Provide residents the option to use their residences for certain home occupations without altering the residential character of the neighborhood.

      (2)   Customary home occupations.

         (a)   A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely within the dwelling. In connection with a home occupation, no stock in trade shall be displayed outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings.

         (b)   Public access to the home occupation shall be by invitation or appointment only and shall not account for any appreciable increase in vehicle and/or pedestrian traffic.

         (c)   Delivery of products to the home for business purposes shall not occur more frequently than twice a week. Delivery by trucks or vehicles not ordinarily utilized for residential deliveries shall be prohibited.

         (d)   Limited retail sales shall be directly associated with, and subordinate to, the permitted home occupation.

         (e)   No exterior display or signage shall be allowed. Advertising associated with the home occupation shall not include the physical address.

         (f)   Applicants shall provide a copy of their sales tax license to the city.

         (g)   The following occupations, subject to the requirements of the division (A)(2) above are customary home occupations:

            1.   Artist, sculptor, author;

            2.   Barbershop and beauty shop operated by only two members of the residence;

            3.   Dressmaker, milliner, seamstress, tailor, interior decorator;

            4.   Professional office of a physician, massage therapist, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same provided that not more than one paid assistant shall be employed; that adequate approved off-street parking be made available;

            5.   Teaching, including tutoring, musical instruction or dancing;

            6.   Not more than 25% of the floor area in the structure can be used for customary home occupation; and

            7.   Any other similar use which the governing body deems to be a home occupation, to include bed and breakfast operations as defined in § 155.002;

   (B)   Exemptions:

      (1)   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; and

      (2)   Garage sales, yard sales, rummage sales. Garage, yard and rummage sales shall be exempt from the permit process provided they meet the following standards.

         (a)   Sales shall last no longer than three days.

         (b)   Sales shall be held no more than six times per year.

         (c)   Sales are conducted on the owner’s property or one of the owner’s properties in case of a multiparty sale.

(Prior Code, § 27-A-06-09)

   The regulations contained in this section are necessary to govern the operation of certain transitory or seasonal uses, nonpermanent in nature.

   (A)   Application for a temporary use permit shall be made to the Zoning Administrator and shall contain the following information:

      (1)   A survey or legal description of the property to be used, rented or leased for a temporary use, including all information necessary to accurately portray the property;

      (2)   A description of the proposed use; and

      (3)   Sufficient information to determine the yard requirements, setbacks, sanitary facilities and availability of parking space to service the proposed use.

   (B)   The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located.

      (1)   Carnival or circus. In any non-residential district, a temporary use permit may be issued for a carnival or circus, but such permit shall be issued for a period not longer than 15 days. Such a use shall set back from all residential districts a distance of 100 feet or more.

      (2)   Temporary buildings. In any district, a temporary use permit may be issued for contractor’s temporary office and equipment sheds incidental to a construction project. If such temporary building(s) contain sleeping or cooking accommodations, then before such permit may be issued, such intended use must first be subject to a public hearing and approved by the City Council as outlined under § 155.073, Procedure for Authorizing Uses Permitted on Review. All such temporary building permits shall be valid for not more than one year but may be renewed a maximum of two one-year extensions. However, all temporary buildings shall be removed upon completion of the construction project or upon expiration of the temporary use permit, whichever occurs sooner.

      (3)   Real estate sales office. In any district, a temporary use permit may be issued for a temporary real estate office in any approved new subdivision. Such office shall contain no sleeping or cooking accommodations. Such permit shall be valid for not more than one year, but may be renewed a maximum of three one-year extensions. Such office shall be removed or converted to a conforming use upon completion of the development of the subdivision or upon expiration of the temporary use permit, whichever occurs sooner.

      (4)   Non-permanent structures. Non-permanent structures in conjunction with or accessory to, and on the same property as, a permanently established business, such as service kiosks, coffee kiosks or similar structures. Such uses shall be considered under the provisions of § 155.073.

(Prior Code, § 27-A-06-10)

   No tent or camper shall be used, erected or maintained as living quarters. Overnight camping is permitted on lands established for camping purposes, and in private campgrounds, where permitted in districts of this chapter.

(Prior Code, § 27-A-06-11)

   Lighting of all types shall be directed so as to reflect from all residential districts, and shall be so situated so as not to reflect directly onto any public rights-of-way.

(Prior Code, § 27-A-06-12)

   In any district, animal manure, as defined in this code, in any appreciable amount that is kept, piled, stored or stockpiled shall be considered a nuisance.

(Prior Code, § 27-A-06-12)

      (1)   In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

      (2)   The City of Hot Springs shall allow no more than one cannabis dispensaries per 1,500 residents, based on the latest U.S. Census, cannabis dispensaries provided the time, place, and manner of said dispensaries comply with this section.

      (1)   Permanent or temporary dispensaries are prohibited in all other zoning districts and not eligible for a home occupation use.

      (2)   It shall be unlawful to operate a dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.

   (G)   The zoning official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:

      (1)   Submission of a site plan containing the following:

         (a)   Any information required for applicable building permit;

         (b)   Ingress and egress plan;

         (c)   Parking plan;

         (d)   Lighting plan (including security lighting);

         (e)   Screening/security fencing plan;

         (f)   Refuse plan;

         (g)   Hours of operation;

         (h)   Any other information as lawfully may be required by the Zoning Official to determine compliance with this section.

      (2)   Documentation of ability to meet setback/separation requirements.

      (3)   Documentation of state licensure.

   (H)   All cannabis establishments are required to be constructed in conformance with the most recently adopted edition of the International Building Code and International Fire Code.

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