Sec. 17.10.01.

Applicability of regulations. The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.

Sec. 17.10.02.

Applicability to land and building. No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

Sec. 17.10.03.

Structures; construction or alteration; limitations of. No building or other structure shall hereafter be erected or altered:

1.

To exceed the height or bulk;

2.

To accommodate or house a greater number of families;

3.

To occupy a greater percentage of lot area;

4.

To have narrower or smaller rear yards, front yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this ordinance; and

5.

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or below the minimum requirements set forth herein. Yards or lots created after the effective date of these ordinances shall meet at least the minimum requirements established by this ordinance.

Sec. 17.10.04.

Prohibited uses. 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. No. 1637, 9-7-2021; Ord. No. 1648, 4-18-2022)

Sec. 17.11.01.

Parcels to be designated. In order to facilitate the enforcement of this Ordinance the device of parcels as defined herein shall be used. A tract of land shall be designated by the Administrative Official as forming the site of each new building, structure or use of land or the site of any building structure or use of land designated for any alteration or modification requiring a building permit. Any tract of land (parcel) shall conform in dimensions and area to the provisions of this Ordinance. A parcel may or may not coincide with platted lot lines. Each parcel shall front on a public street of not less 25 feet in width for a distance of not less than 20 feet or shall have an exclusive, unobstructed, permanent access to such a public street by an easement of not less than 20 feet in width and not to exceed 150 feet in length. Approval of any building permit on a parcel shall serve as designation by the Administrative Official that said parcel conforms in dimensions and area to the provisions of this Ordinance.

Sec. 17.12.01.

Intent.

Within the districts established by this ordinance or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by the addition of other uses, or a nature which would be prohibited generally in the district involved.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

Sec. 17.12.02.

Repairs and maintenance.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent of the current replacement cost based upon fair market value of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

Sec. 17.12.03.

Uses and structures. A lawful use or structure existing at the time this ordinance is adopted or amended may continue even though such use does not conform to the district regulations subject to the following provisions:

1.

Whenever a nonconforming use or structure has been changed to a more restricted or conforming use, it shall not be changed back to a less restricted use.

2.

When the use of a building is nonconforming as defined by this ordinance and such a building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than 50 percent of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located. Exception: Single-family dwellings may by conditional use permit, be restored if damaged less than 100 percent.

3.

When a nonconforming use or structure is discontinued for a period of one year, it shall not be continued unless in conformance with the requirements of this ordinance and SDCL 11-6-39.

4.

Any nonconforming use may be extended throughout any part of a structure which was arranged or designed for such use previous to the adoption of this ordinance, but shall not be extended outside such structure.

5.

No existing nonconforming use or structure shall be enlarged, moved, or structurally altered except to change to a use permitted in the district in which the premise[s] is located except that a conditional use permit may be authorized after the following criteria are given specific consideration:

a.

Effect on surrounding property values.

b.

The density of land use zoning for the subject and adjacent properties.

c.

The degree of hardship upon the applicant which would be caused by failure to grant the permit.

d.

It can be demonstrated that it was the owner's intent to use the entire premises for said use prior to the adoption, revision or amendment of this ordinance.

6.

Type I and Type II Manufactured Homes located upon any lot or lots of record at the time of the adoption of this Ordinance may be replaced by Type I and/or Type II Manufactured Homes of like dimensions and said replacement shall not be deemed to have changed the use thereof from a nonconforming to a conforming use. If a replacement Type I and/or Type II Manufactured Home is of larger dimension than the existing Type I and/or Type II Manufactured Home, then application must first be made to the Board of Adjustment for a conditional use permit.

7.

Nonstandard uses existing immediately prior to the effective date of this ordinance may be continued, although such uses do not conform to the provisions hereof. Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:

a.

Enlargements, extensions, conversions, or structural alterations may be made as required by law or ordinance.

b.

Structural alteration of buildings or structures may otherwise be made if such changes do not further encroach into an existing front yard, side yard, or rear yard which is less than the minimum required yards for the district in which they are located. Exception: The Board of Adjustment may allow buildings with side yard setbacks less than required herein to have additions erected in line with the existing building and provided further that said additions will be erected no closer to the lot line than the existing building and the addition shall further conform to all ordinance requirements.

c.

Enlargement, extension, conversion of buildings or structures may otherwise be made if such changes comply with the minimum required yards, lot area, height, landscaping, parking, and density for the district in which they are located.

8.

Nothing contained in this section shall be so construed as to abridge or curtail the powers of the Planning Commission, City Commission, and/or Board of Adjustment as set forth elsewhere in this Ordinance.

Sec. 17.12.04.

Uses under conditional use provisions not nonconforming uses. Any use which is permitted as a conditional use in a district under the terms of this Ordinance (other than a change through Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

Sec. 17.12.05.

Nonconforming lots of record.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this Ordinance.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such a lot fails to meet the requirements of area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.

Sec. 17.13.01.

Generally.

The district regulations included in this Chapter may be qualified or supplemented by additional regulations appearing elsewhere in this ordinance.

Any use or uses not specifically permitted in a particular district as a principal use, an accessory use, a qualifying nonconforming use existing at the effective date of these regulations, or a conditional use granted in accordance with the provisions of Section 17.24.02 of these regulations, is hereby specifically prohibited. (In the regulations for some zones specific excluded uses are enumerated for clarification of intent, but such lists of excluded uses are not to be interpreted as including all excluded uses.)

Deviation from zoning district lot, yard and related requirements, and deviation from city-wide zoning regulations, shall be prohibited, unless a Variance is granted as provided for in Article III, Section 17.24.07 of these regulations.

Additional requirements and standards for uses and structures permitted by conditional use permit may be established by the Board of Adjustment as conditions to said conditional use permit.

Sec. 17.13.02.

Zoning districts. The following zone and use districts are hereby established for the purposes of administration and enforcement of this ordinance. Section number, symbols, titles and a brief description of each of the zones established by this Ordinance is as follows:

"AG": Agricultural District.

"RR": Rural Residential District.

"R-90": Single Family Residence, 9000 square foot district.

"R-60": Duplex Residence, 6000 square foot district.

"R-20": Multiple-family, 2000 square foot district.

"RM": Manufactured Housing Residential District.

"PD": Planned Unit Development District.

"CB": Central Business District.

"GB": General Business District.

"HB": Highway Business District.

"NB": Neighborhood Business District.

"MU-R": Mixed Use/Residential Emphasis District.

"ML": Light Manufacturing District.

"MH": Heavy Manufacturing District.

Sec. 17.13.03.

Overlay districts. The following districts shall be designated as zoning overlay districts, imposing special regulations on the properties that fall within these overlay districts without abrogating the requirements imposed by the underlying land use district regulations:

"WS": Water Source Protection Overlay District.

"WR": Water Retention/Conveyance Overlay District.

"AP": Airport Overlay District.

"AZ": Airport Safety Zone Overlay District.

"GT-1": US Highway 81, South Dakota Highway 34 and Highland Ave (East/West) Gateway Overlay District.

"GT-2": Third Street North, Eleventh Street South, and Highland Ave (North/South) Gateway Overlay District.

"MU-E": Egan Avenue Corridor Mixed Use Overlay District.

"MU-C": Mixed Use - Commercial Emphasis Overlay District.

Sec. 17.14.01.

Purpose and intent. This zone is designed to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development in other uses pending proper timing for practical and economical provision of utilities, major streets, schools and other facilities so that reasonably compact development will occur and the final integrity of the City preserved. A change of zoning from AG to any other classification shall be in accordance with planning practices established by the Planning Commission.

Sec. 17.14.02.

Agricultural District—Principal permitted uses.

1.

Horticulture and the raising of field crops.

2.

Site built single-family dwellings.

3.

Utility Substations.

4.

Nurseries and Greenhouses.

5.

Roadside stands for sales of agricultural products grown or produced on the premises.

6.

Modular and Type I manufactured homes.

7.

Public parks and recreation areas and facilities.

Sec. 17.14.03.

Agricultural District—Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses and structures when established within the space limits of this district.

Sec. 17.14.04.

Agricultural District—Conditional uses.

1.

Commercial or private recreation areas or developments including, but not limited to, riding stables/academies, dude ranches, golf courses, country clubs, golf driving ranges, outdoor theaters, swimming pools, and similar commercial recreation enterprises.

2.

Privately operated recreational camps and facilities.

3.

Churches, schools, colleges, and similar facilities.

4.

Bed and breakfast.

5.

Veterinarian offices and animal hospitals.

6.

Home Occupations.

7.

Animal Sales/auction yards or barns.

8.

Telecommunications Facilities.

9.

Public building or facilities erected or established and operated by any governmental agency.

10.

Cemeteries.

11.

Type II manufactured homes.

12.

Stable, Pasture, or Kennel (see [Sec.] 17.315).

13.

Exceptions to Height Regulations (see Sec. 17.39).

14.

Vertical axis wind turbines (See Sec. 17.319).

15.

Small Wind Energy Conversion Systems (See Section 17.319).

Sec. 17.14.05.

Area/construction regulations. The following space limitations shall apply to structures and buildings associated with each principal permitted use, and each accessory use, except fences and signs:

1.

Minimum site area for a farmstead or dwelling: 20 acres for each dwelling unit.

2.

Minimum front yard setback: 120 feet measured from the centerline of each and every road.

3.

Minimum yard space, other yards: One foot removed from the property line for each foot of height of the structure, but in no event less than ten feet.

Sec. 17.14.06.

Miscellaneous provisions Agricultural District.

1.

Off-street parking space shall be provided for all uses established in this zone.

2.

Only one building for living purposes shall be permitted on one parcel except as otherwise provided herein.

(Ord. No. 1491, 5-3-2010)

Sec. 17.15.01.

Purpose and intent. The intent of the "RR" Rural Residential District is to protect a vigorous agricultural industry by limiting the areas in which this district can be used. The RR rural residential district, where permitted, shall generally be located where provisions can be made to adequately handle sewage disposal, where the value of the land for agricultural use is marginal, and where the water supply, roads and emergency services are easily and economically available.

Sec. 17.15.02.

Permitted uses. The following uses and structures shall be permitted in the "RR" Rural Residential District:

1.

Site built single-family dwelling.

2.

Utility substations.

3.

Any form of horticultural agricultural activities.

4.

Public park and recreation areas.

5.

Non-commercial gardening by tenant or owner.

Sec. 17.15.03.

Permitted accessory uses. The following accessory uses and structures shall be permitted in the "RR" Rural Residential District.

1.

Accessory buildings and uses customarily incidental to permitted uses.

Sec. 17.15.04.

Conditional uses. The Board of Adjustment, subject to such requirements, may permit the following uses as a conditional use in the "RR" Rural Residential District as the Board deems necessary to protect and promote the health, safety, and general welfare:

1.

Dwellings for members of religious orders.

2.

Day care center.

3.

Home Occupations.

4.

Stable, Pasture, or Kennel (see [Sec.] 17.316).

5.

Private lake.

6.

Nursing home.

7.

Parochial or Public School.

8.

Churches.

Sec. 17.15.05.

Area/construction regulations. The maximum height and minimum lot requirements within the RR rural residential district shall be as follows:

Sec. 17.16.01.

Purpose and intent. This zone is designed to stabilize and protect the residential characteristics of the district and to encourage single family residences on medium sized lots. More uses are allowed as a matter of right throughout the zone than in the larger lot size zones.

Sec. 17.16.02.

Principal permitted uses.

1.

Site built single-family dwellings.

2.

Modular Homes.

Sec. 17.16.03.

Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.16.04.

Conditional uses.

1.

Utility substations when located according to the yard space rules set forth for dwellings and having a landscaped or a masonry barrier on all sides, and after a showing before the Board of Adjustment that technical considerations necessary to the functioning of said utility requires the location of the facility in a residential zone. Structures shall conform with all space limits of the zone in which located and shall have an exterior design in harmony with nearby properties.

2.

Small business service and repair operations as determined and approved by the Planning Commission and the Board of Adjustment. The Planning Commission and the Board of Adjustment must determine after a public hearing that the proposed business is expected to be compatible with the surrounding residential characteristics of a particular neighborhood. Business conditional uses in residential zones may be granted only on a yearly basis. Applicants must apply on an annual basis to renew a small business conditional use in any residential zones. Renewals may be approved after due consideration regarding complaints, problems, nuisances, and other related pertinent factors regarding preserving the residential characteristics of the neighborhood.

3.

Public, parochial and private schools and colleges offering courses of general instruction when located on sites of at least five acres, and including convents, monasteries, dormitories and other related living structures when located on the same site as the school or college.

4.

Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

5.

Crop and tree farming but not including the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.

6.

Parks and recreation areas operated by the City or other political subdivision.

7.

Public and quasi-public buildings for cultural use.

8.

Country Clubs.

9.

Bed and Breakfast.

10.

Off-street parking as a primary use provided "shoe box" style and/or "dark-sky" friendly lighting fixtures are utilized when lighting is installed and provided the following screening is utilized: A fence, wall, or shrubbery a minimum of four feet in height and of a character necessary for adequate screening as determined by the Board of Adjustment. In addition, a setback area of at least five feet shall be provided between the parking surface and property line except where a screen fence or wall is provided, the required setback may be reduced to two feet.

11.

Condominiums subject to the following provisions:

a.

Dwelling units: four maximum;

b.

Lot area: 4,500 square feet per dwelling unit;

c.

Maximum height of building: 30 feet;

d.

Maximum ground coverage: including accessory building, 30 percent.

12.

Twin Homes.

13.

Day care centers.

14.

Commercially available carports sold as a unit as a whole which utilize sheet siding.

15.

Home Occupations.

Sec. 17.16.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

(Ord. No. 1623, 7-13-2020)

Sec. 17.17.01.

Purpose and intent. This zone is designed to provide for one- and two-family dwelling areas on lots of moderate size, and up to four dwelling units on lots where considerations for public health, safety and welfare are provided for.

Sec. 17.17.02.

Principal permitted uses.

1.

Any permitted use in the R-90 Zone.

2.

Twin homes outside of Madison Historic District parcels, as documented by the South Dakota State Historic Preservation Office.

3.

Two-family dwellings outside of Madison Historic District parcels, as documented by the South Dakota State Historic Preservation Office.

4.

Townhomes with up to four dwelling units outside of Madison Historic District parcels, as documented by the South Dakota State Historic Preservation Office.

5.

One congregate living dwelling.

Sec. 17.17.03.

Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.17.04.

Conditional uses.

1.

Any conditional use in the R-90 Zone with the exception of Twin Homes/Two-family dwellings which are permitted uses in the R-60 District.

2.

Fraternity and sorority houses when directly associated with a college or university.

3.

Non-profit community organizations and social welfare establishments other than those providing living accommodations.

4.

General nursing homes and rest homes.

5.

Two congregate living dwellings or Multiple-family dwellings with up to four dwelling units outside of Madison Historic District parcels, as documented by the South Dakota State Historic Preservation Office.

6.

Type I manufactured homes.

7.

Day care center.

8.

Group homes.

9.

Twin homes, two-family dwellings, or two congregate living dwellings in Madison Historic District parcels, as documented by the South Dakota State Historic Preservation Office, with up to four adults who are unrelated by blood or law in each dwelling.

Sec. 17.17.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

(Ord. No. 1496, 10-4-2010; Ord. No. 1608, 4-15-2019; Ord. No. 1620, 12-30-2019)

Sec. 17.18.01.

Purpose and intent. This zone is designed to provide for moderately high density apartment and multiple dwelling unit development and other compatible uses which have characteristics similar to those found in the operation of apartment houses.

Sec. 17.18.02.

Principal permitted uses.

1.

Any permitted use in the R-60 District.

2.

Multiple-family Dwellings.

3.

Twin homes.

4.

Townhomes with up to four dwelling units.

5.

Congregate living dwellings.

Sec. 17.18.03.

Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.18.04.

Conditional uses.

1.

Any conditional use in the R-60 District with the exception of multiple-family dwellings, twin homes, townhomes, and congregate living dwellings which are permitted uses in the R-20 District.

2.

Offices.

3.

Mortuaries, funeral homes and funeral chapels.

4.

Hospitals and clinics.

5.

Rooming houses and boarding houses.

6.

Private clubs.

7.

Non-profit community organizations and social welfare establishments.

8.

Beauty shops.

Sec. 17.18.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

(Ord. No. 1620, 12-30-2019)

Sec. 17.19.01.

Purpose and intent. This district is intended to provide for areas of manufactured housing and permits the permanent installation of single-family detached manufactured homes on privately owned (non-rental) lots, licensed manufactured home parks and support facilities such as schools, public utilities and churches.

Sec. 17.19.02.

Permitted uses. A building or premises shall be permitted to be used for the following purposes in the MR Residential District:

1.

Type I manufactured homes;

2.

Type II manufactured homes; and

3.

Modular homes. (See Section 17.311.)

Sec. 17.19.03.

Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.19.04.

Conditional uses.

1.

Neighborhood Utilities.

2.

Churches.

3.

Elementary and High Schools.

4.

Electrical Substation.

5.

Manufactured Homes/Manufactured Housing Park.

6.

Storage Rental Buildings.

7.

Private Lake.

8.

Day-Care Center.

9.

Public Utility Facility.

10.

Dwelling, Single-Family Detached.

11.

Twin Homes.

12.

Type III Manufactured Homes.

13.

Home Occupations.

Sec. 17.19.05.

Area/construction regulations. Except for manufactured home parks, which shall be regulated in conformance with Section 17.312, the maximum height and minimum lot requirements within the RM Manufactured Housing Residential District shall be as follows:

1.

General Requirements:

Sec. 17.110.01.

Purpose and intent. This district is designed to provide for innovations in the siting of residential buildings.

Sec. 17.110.02.

Principal permitted uses.

1.

Site built single-family dwellings.

2.

Modular homes.

3.

Multiple-family dwellings.

Sec. 17.110.03.

Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.110.04.

Conditional uses.

1.

Utility substations when located according to the yard space rules set forth for dwellings and having a landscaped or a masonry barrier on all sides, and after a showing before the Board of Adjustment that technical considerations necessary to the functioning of said utility requires the location of the facility in a residential zone. Structures shall conform with all space limits of the zone in which located and shall have an exterior design in harmony with nearby properties.

2.

Small business service and repair operations as determined and approved by the Planning Commission and the Board of Adjustment. The Planning Commission and the Board of Adjustment must determine after a public hearing that the proposed business is expected to be compatible with the surrounding residential characteristics of a particular neighborhood. Business conditional uses in residential zones may be granted only on a yearly basis. Applicants must apply on an annual basis to renew a small business conditional use in any residential zones. Renewals may be approved after due consideration regarding complaints, problems, nuisances, and other related pertinent factors regarding preserving the residential characteristics of the neighborhood.

3.

Public, parochial and private schools and colleges offering courses of general instruction when located on sites of at least five acres, and including convents, monasteries, dormitories and other related living structures when located on the same site as the school or college.

4.

Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

5.

Crop and tree farming but not including the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.

6.

Parks and recreation areas operated by the City or other political subdivision.

7.

Public and quasi-public buildings for cultural use.

8.

Country Clubs.

9.

Bed and Breakfast.

10.

Landscaped/screened parking lots.

11.

Home Occupations.

12.

Vertical axis wind turbines (See Section 17.319).

13.

Small Wind Energy Conversion Systems (See Section 17.319).

Sec. 17.110.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Sec. 17.110.06.

Procedure for planned unit development zone.

1.

When a property owner wishes to develop a parcel of property of at least five acres of proper shape, but siting buildings in a manner other than normal lot arrangement, he may apply for a zoning change to a PD, Planned Unit Development Zone. Said zoning change shall be an amendment of the zoning map and shall follow all procedural requirements for such changes set forth herein.

2.

As an exhibit accompanying the application for amendment to the zoning map, the owner shall provide a detailed site plan and such other sketches, diagrams and calculations necessary to determine whether the proposed development conforms with the provisions of this zone.

All such site plans, sketches, diagrams and calculations shall become a part of the amendment and shall form the basis for issuance of a building permit in conformity therewith. Plan changes which increase the number of dwelling units, building height or bulk or change the location of structures, shall require a resubmission for approval. Minor adjustments in the orientation of buildings or decrease in the number of dwelling units, building units, building height or bulk, may be approved by the Building Inspector.

3.

Before approving a PD, Planned Unit Development Zone classification the Planning Commission and the Board of Commissioners shall find the following:

a.

That the proposed space limits of the plan and the siting of buildings will be in the public interest; in harmony with the purposes of this Ordinance and will not adversely affect nearby properties.

b.

That the overall density of development and the proportion of units allowed will not adversely affect nearby properties.

c.

That an amount of open space will be provided in harmony with nearby properties.

Sec. 17.110.07.

Miscellaneous provisions planned unit development zone.

1.

Off-street parking shall be provided for all uses established in this zone.

2.

The entire planned unit development may be considered as one parcel in the design of the project.

(Ord. No. 1491, 5-3-2010)

Sec. 17.111.01.

Purpose and intent. This district is intended to provide a core business zone which will take into account the special characteristics of the Central Business District, including the orientation to pedestrian traffic rather than vehicular traffic.

Sec. 17.111.02.

Principal permitted uses.

1.

Retail and Wholesale sales.

2.

Bakery.

3.

Finance, insurance and real estate services.

4.

Personal service establishments.

5.

Drug store.

6.

Eating and drinking establishments.

7.

Flower shop and garden supply including nursery stock.

8.

Grocery, supermarket.

9.

Hardware, appliance, and small tool rental when incidental to a hardware or other business.

10.

Meat market, retail, but no killing, eviscerating, skinning, plucking or smoking of food products on the premises.

11.

Paint, wallpaper, drapery and floor covering store.

12.

Professional, governmental and education services.

13.

Television, radio and small appliance repair.

14.

Liquor stores.

15.

Commercial or Private Storage.

16.

Motels, hotels.

17.

Offices.

18.

Commercial parking lots.

19.

Flea markets/pawn shops.

20.

Pet shops.

21.

Printing and publishing establishments.

22.

Radio and television stations.

23.

Bar or Tavern.

24.

Theater.

25.

Upholstery shops.

26.

Multiple-family residential dwellings constructed to the applicable standards of the R-20 District (17.3100-17.3104), mixed business and apartment buildings constructed to one dwelling unit per 1,000 square feet of lot area.

27.

Fitness Facilities.

Sec. 17.111.03.

Permitted accessory uses.

1.

Accessory buildings and uses customarily incidental to permitted uses.

Sec. 17.111.04.

Conditional uses.

1.

Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure when located outside the downtown parking zone.

2.

Auditoriums, meeting halls, and recreational facilities.

3.

Clinics.

4.

Warehouses.

5.

Automobile sales and service stations.

6.

Car wash.

7.

Storage services.

8.

Contractors.

9.

Mortuaries, funeral homes and funeral chapels.

10.

Lumberyard.

11.

Day care center, commercial.

12.

Vertical axis wind turbines (See Sec. 17.319)

Sec. 17.111.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

(Ord. No. 1491, 5-3-2010; Ord. No. 1607, 4-1-2019)

Sec. 17.112.01.

Purpose and intent. This district is intended to provide a general business zone which will promote the clustering of a wide range of commercial uses that serve the City of Madison and surrounding area but may not necessarily be specifically oriented to pedestrian traffic.

Sec. 17.112.02.

Principal permitted uses.

1.

Retail and Wholesale sales.

2.

Bakery.

3.

Finance, insurance and real estate services.

4.

Personal service establishments.

5.

Drug store.

6.

Eating and drinking establishments.

7.

Flower shop and garden supply including nursery stock.

8.

Grocery, supermarket.

9.

Hardware, appliance, and small tool rental when incidental to a hardware or other business.

10.

Meat market, retail, but no killing, eviscerating, skinning, plucking or smoking of food products on the premises.

11.

Paint, wallpaper, drapery and floor covering store.

12.

Professional, governmental and education services.

13.

Television, radio and small appliance repair.

14.

Liquor stores.

15.

Commercial or Private Storage.

16.

Motels, hotels.

17.

Offices.

18.

Commercial parking lots.

19.

Flea markets/pawn shops.

20.

Pet shops.

21.

Printing and Publishing Establishments.

22.

Radio and television stations.

23.

Bar or Tavern.

24.

Theater.

25.

Upholstery shops.

26.

Fitness Facilities.

Sec. 17.112.03.

Permitted accessory uses.

1.

Accessory buildings and uses customarily incidental to permitted uses.

Sec. 17.112.04.

Conditional uses.

1.

Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure when located outside the downtown parking zone.

2.

Auditoriums, meeting halls, and recreational facilities.

3.

Hospitals and Clinics.

4.

Warehouses.

5.

Automobile sales and service stations.

6.

Car wash.

7.

Storage services.

8.

Contractors.

9.

Mortuaries, funeral homes and funeral chapels.

10.

Lumberyard.

11.

Day care center, commercial.

12.

Vertical axis wind turbines (See Section 17.319).

Sec. 17.112.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

(Ord. No. 1491, 5-3-2010; Ord. No. 1537, 12-3-2012; Ord. No. 1607, 4-1-2019)

Sec. 17.113.01.

Purpose and intent. This district is intended to permit the development of highway service centers and regional employment centers in appropriate locations along major streets and highways for highway and automobile-related retail and service establishments in locations which will not cause undue traffic congestion.

Sec. 17.113.02.

Principal permitted uses.

1.

Automobile sales, service stations and parking garages.

2.

Wholesale and Retail sales of: farm and garden supplies, fuel and ice, automobile equipment, drugs, chemicals, all allied products, dry goods and apparel; groceries and related products.

3.

Motels and hotels.

4.

Eating establishments.

5.

Offices.

6.

Professional, governmental, and education services.

7.

Personal service establishments.

8.

Meat market, retail, but no killing, eviscerating, skinning or plucking of food products on the premises.

9.

Cannabis Dispensary (subject to Section 17.37.07).

10.

Possession, sale, or display of Fireworks (subject to Section 26-8).

Sec. 17.113.03.

Permitted accessory uses.

1.

Accessory buildings and uses customarily incidental to permitted uses.

Sec. 17.113.04.

Conditional uses.

1.

Wholesale and Retail sales of lumber and other building/construction materials, farm equipment, motor vehicles, marine crafts, mobile homes, trailers, electrical goods, hardware, plumbing and heating equipment and supplies; machinery, beer, wine, distilled alcoholic beverages, paper and paper products, furniture and home furnishings.

2.

Automatic or semi-automatic car wash.

3.

Theater.

4.

Bar or tavern.

5.

Truck or bus terminal.

6.

Bottling works.

7.

Grain elevators and terminal.

8.

Apartments.

9.

Finance, insurance and real estate services.

10.

Day care center, commercial.

11.

Churches.

12.

Light manufacturing and repair.

13.

Resource recovery/solid waste transfer station facilities.

14.

Veterinary Clinic.

15.

Warehousing and storage services.

16.

Bowling Alley.

17.

Theater.

18.

Recreational vehicle sales and camping.

19.

Hospitals and Clinics.

20.

Contractor.

21.

Rental of automobiles, recreational vehicles, commercial, industrial, and construction equipment.

22.

Mortuaries, funeral homes and funeral chapels.

23.

Adult Uses (See Section 17.37).

24.

Vertical axis wind turbines (See Section 17.319).

25.

Public or quasi-public; recreational; and fitness facilities or buildings.

Sec. 17.113.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Sec. 17.113.06.

Miscellaneous provisions. See Section 17.34 "Off Street Parking."

Sec. 17.113.07.

Exception to minimum side yard requirement. Strip malls and shopping centers in which single units within a multi-unit commercial/retail structure with common elements share a common/party wall the minimum side yard may be reduced to zero feet on the party wall side by the Board of Adjustment.

(Ord. No. 1537, 12-3-2012; Ord. No. 1606, 1-22-2019; Ord. No. 1612, 2019; Ord. No. 1637, 9-7-2021; Ord. No. 1648, 4-18-2022; Ord. No. 1665, 3-4-2024)

Sec. 17.114.01.

Purpose and intent. This district is intended to provide for neighborhood local retail and service uses that serve the day-to-day needs of residents in convenient and appropriate locations.

Sec. 17.114.02.

Principal permitted uses.

1.

Retail sales of items including, but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware.

2.

Automobile parking lot or storage or parking garage.

3.

Finance, insurance, and real estate services.

4.

Clothing alteration, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and bakery with sale of bakery products on the premises, and other uses of a similar character.

5.

Mortuary.

6.

Office or office building.

7.

Personal services.

8.

Eating establishment.

Sec. 17.114.03.

Permitted accessory uses.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.114.04.

Conditional uses.

1.

Automatic or semi-automatic car wash.

2.

Automobile parts and service stations.

3.

General service and repair establishments, including dyeing or cleaning works or laundry, plumbing and heating, printing, painting, upholstering or appliance repair.

4.

Hotel and motel.

5.

Bar or tavern.

6.

Day care center, commercial.

7.

Convenience stores.

8.

Resource recovery/solid waste transfer station facilities.

9.

Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

10.

Hospitals and Clinics.

11.

Storage services.

12.

Fitness Facilities.

Sec. 17.114.05.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Sec. 17.114.06.

Miscellaneous provisions.

1.

Off-street parking and loading shall be provided for all [buildings] established in this zone.

2.

Notwithstanding the provisions of Section 17.122 of this ordinance, no business building shall be constructed on a parcel occupied by a residence.

Sec. 17.114.07.

Exception to minimum side yard requirement. Strip malls and shopping centers in which single units within a multi-unit commercial/retail structure with common elements share a common/party wall the minimum side yard may be reduced to zero feet on the party wall side by the Board of Adjustment.

(Ord. No. 1537, 12-3-2012; Ord. No. 1607, 4-1-2019)

Sec. 17.115.01.

Purpose and intent. The intent of the "MU-R" district is to stabilize and protect the characteristics of medium density residential areas by allowing a mix of medium density residential uses with commercial uses providing specified goods and personal services in close proximity to Dakota State University. Permitted uses shall encourage medium density residential uses. High density residential and commercial service uses may be permitted where the residential characteristics of the neighborhood, density of development, and sustainable pedestrian and transportation systems are given consideration.

Sec. 17.115.02.

Permitted uses. The following uses and structures shall be permitted in the "MU-R" Mixed Use District.

1.

Site built single-family dwellings.

2.

Modular homes.

3.

Two-family dwellings.

4.

Multiple-family dwelling with not more than four dwelling units.

5.

Public, parochial and private schools and colleges offering courses of general instruction when located on sites of at least five acres, and including convents, monasteries, dormitories and other related living structures when located on the same site as the school or college.

6.

Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure.

Sec. 17.115.03.

Permitted accessory uses. The following accessory uses and structures shall be permitted in the "MU-R" Mixed Use District unless such use is specifically enumerated as requiring a conditional use permit.

1.

Accessory uses and structures customarily incidental to permitted uses.

Sec. 17.115.04.

Conditional uses. The following uses may be permitted as a conditional use in the "MU-R" Mixed Use District by the Board of Adjustment, subject to such requirements as the Board deems necessary to protect adjacent property, prevent objectionable or offensive conditions and promote the health, safety and general welfare.

1.

Personal services.

2.

Multiple-family dwelling with more than four or more units (apartments, town houses, and group row houses).

3.

Clinics.

4.

Offices.

5.

Utility substations when located according to the yard space rules set forth for dwellings and having a landscaped or a masonry barrier on all sides, and after a showing before the Board of Adjustment that technical considerations necessary to the functioning of said utility requires the location of the facility in a residential zone. Structures shall conform with all space limits of the zone in which located and shall have an exterior design in harmony with nearby properties.

6.

Public park and recreation facilities.

7.

Public and quasi-public buildings.

8.

Meeting/Banquet Halls.

9.

Bed and Breakfast.

10.

Eating and drinking places.

11.

Landscaped/screened parking lots.

12.

Home Occupations.

13.

Fraternity and sorority houses when directly associated with a college or university.

14.

Day care centers.

15.

Day care center, commercial.

16.

Fitness Facilities.

Sec. 17.115.05.

Area regulations.

1.

Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

(Ord. No. 1607, 4-1-2019)

Sec. 17.116.01.

Purpose and intent. This district provides for a wide range of commercial and industrial uses, 0 [none] of which shall be able comparatively to meet specifications as to nuisance free performance. The zone specifically excludes residences on the theory that the mixture of residential use, and the public services and facilities for residences with those for industry is contrary to the purposes of these regulations irrespective of whether the industry is encroaching on a living area or a living area is encroaching on an industrial area.

Sec. 17.116.02.

Principal permitted uses.

1.

Horticulture and the raising of field crops.

2.

Utility Substations.

3.

Storage plants, distributing stations and warehouses.

4.

Motor freight terminals, garaging and equipment maintenance.

5.

Retail sale of products produced on site and associated products.

6.

Storage Services.

7.

Cannabis Dispensary (subject to Section 17.37.07).

8.

Cannabis Testing Facility (subject to Section 17.37.07).

9.

Cannabis Cultivation Facility (subject to Section 17.37.07).

10.

Cannabis Product Manufacturing Facility (subject to Section 17.37.07).

Sec. 17.116.03.

Specifically excluded uses.

1.

The following uses are hereby declared incompatible with the purpose of the ML District and are hereby expressly excluded:

a.

Dwelling except caretaker and watchmen's quarters as set forth herein.

b.

Public, parochial and private schools and colleges, except trade schools.

c.

Hospitals, clinics, rest homes and other institutions for the housing or care of human beings.

d.

Motels, hotels, and mobile home parks.

e.

Any use not enumerated as permitted in this zone but which is specifically provided for in another more restrictive districts.

Sec. 17.116.04.

Permitted accessory uses.

1.

Buildings and uses customarily incidental to permitted and conditional uses listed herein.

2.

Quarters for a watchman or caretaker shall be permitted as an accessory use for any permitted use occupying more than 20,000 square feet of lot area.

Sec. 17.116.05.

Conditional uses.

1.

Recreational uses which are temporary in nature and do not involve any appreciable amount of fixed construction and which will not interfere with the efficient functioning of the zone for its primary purpose of providing for manufacturing and heavy commercial establishments, may be allowed only upon appeal to the Board of Adjustment.

2.

Resource recovery/solid waste transfer station facilities.

3.

Junk or salvage yards provided that the area is enclosed or screened from public view as required by the Board of Adjustment.

4.

Contractor shops and yards.

5.

Food manufacturing plants.

6.

Grain elevators and feed mills.

7.

Automotive body repair.

8.

Public and Private utility shops and yards.

9.

Public and quasi-public facilities.

10.

Retail sales and repair of agricultural/industrial machinery and supplies.

11.

Lumberyard.

12.

Airport.

13.

Other industrial or commercial uses determined by the Board of Adjustment to be consistent with the intent of the District that can meet the performance standards listed herein.

14.

Vertical axis wind turbines (See Section 17.319).

15.

Small Wind Energy Conversion Systems (See Section 17.319).

Sec. 17.116.06.

Performance standards.

1.

Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from a street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile homes or similar equipment when in operable condition.

2.

Fire Hazard. No operations shall involve the use of highly flammable gasses, acid, liquors, grinding processes or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gasses when handled in accordance with other Ordinances of the City of Madison.

3.

Noise. No operation shall be carried on which involves noise in excess of normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdown into a reasonable number of frequency ranges. All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.

4.

Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

5.

Air Contaminants.

a.

Air contaminants and smoke shall be less dark than designated Number One on the Ringelmann Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four minute period in each one-half hour. Light colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

b.

Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

c.

Due to the fact that possibilities of air contaminants cannot reasonably be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

6.

Odor. The emissions of odors that are generally agreed to be obnoxious to any considerable number of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this Ordinance.

7.

Gases. The gases sulphur dioxide and hydrogen sulphide shall not exceed five parts per million, carbon monoxide shall not exceed five parts per million. All measurements shall be taken at the parcel line.

8.

Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of 0.003 of an inch measured at the parcel line. The use of steam or broad hammers shall not be permitted in this zone.

9.

Glare and Heat. AU glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the parcel line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit.

Sec. 17.116.07.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Sec. 17.116.08.

Miscellaneous provisions.

1.

Off-street parking and loading shall be provided for all uses established in this zone.

(Ord. No. 1491, 5-3-2010; Ord. No. 1648, 4-18-2022)

Sec. 17.117.01.

Purpose and intent. This district provides for the widest range of industrial operations permitted in the City. It is the zone for location of those industries which have not reached a technical stage in processing which renders them free of nuisance factors or where economics precludes construction and operation in a nuisance free manner.

Sec. 17.117.02.

Principal permitted uses.

1.

Any use permitted in the ML District (17.116.02)

2.

Trucking terminals containing in excess of four loading or transfer bays.

Sec. 17.117.03.

Specifically excluded uses.

1.

The following uses are hereby declared incompatible with the purpose of the MH Zone and are hereby expressly excluded:

a.

Any use which cannot meet the performance standards set forth herein.

b.

Dwellings except caretaker and watchman's quarters as set forth in the provisions of the ML District (17.115.04.2).

c.

Schools and colleges, except trade schools.

d.

Hospitals, clinics, rest homes and other institutions for the housing or care of human beings, except that medical facilities accessory to any industrial operation shall be permitted.

e.

Motels, hotels and mobile home parks.

Sec. 17.117.04.

Permitted accessory uses.

1.

Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform with all performance standards set forth for this zone.

Sec. 17.117.05.

Conditional uses.

1.

Any use enumerated as a conditional use in the ML Zone.

2.

Resource recovery/solid waste transfer station facilities.

3.

The storage above ground of liquid petroleum products or chemicals of a flammable or noxious nature when more than 150,000 gallons are stored on one parcel of less than one acre in size or when more than 25,000 gallons are stored in one tank.

4.

The storage of flammable or noxious gasses above or below ground in excess of 5,000,000 cubic feet on any one parcel of less than one acre or 2,000,000 cubic feet in any one tank.

5.

Meat packing, slaughtering, evisceration and skinning.

6.

Poultry killing, plucking and dressing when such operations are of such size as to employ in excess of three persons.

7.

Yards for the sale, transfer and temporary holding of livestock.

8.

Rendering of byproducts or slaughtering and killing of animals and poultry.

9.

Junk yards, auto parts salvage and auto wrecking yards when such operations are obscured from any street or from any adjacent property in another zone by a sturdy sight obscuring fence in good repair, and under the condition that any burning operations be carried on in any enclosed structure provided with such super-heating devices to assure complete combustion as may be approved by the Administrative Official.

10.

Any use which can meet the performance standards for this zone, except those specifically prohibited by 17.116.03.

11.

Vertical axis wind turbines (See Section 17.319).

12.

Small Wind Energy Conversion Systems (See Section 17.319).

Sec. 17.117.06.

Performance standards.

1.

Appearance. Junk, salvage, auto wrecking and similar operations shall be shielded from view from streets and from adjacent properties in another zone by means of a sturdy, sight obscuring fence in good repair.

2.

Fire Hazard. All flammable substances involved in any activity established in this zone shall be handled in conformance with the standards of the National Board of Fire Underwriters and any additional regulations of the City.

3.

Noise. All noises and noise causing activities shall be muffled so that they will not create a disturbance greater than the normal peak hour traffic noise of a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured at the primary state highway nearest the industry.

4.

Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

5.

Air Contaminants.

a.

Air contaminants and smoke shall be less dark than designated Number 2 on the Ringelmann Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number 2 shall be permitted for one four-minute period in each one-half hour. Light colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

b.

Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of 0.2 grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit.

c.

Due to the fact that possibilities of air contamination cannot be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other materials in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

6.

Odor. Odor causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

7.

Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gasses sulphur dioxide and hydrogen sulphide shall not exceed five parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed five parts per million. All measurements shall be made at the parcel line.

8.

Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby parcels.

Sec. 17.117.07.

Area/construction regulations. Minimum lot area, maximum building height, maximum lot coverage and minimum yard requirements shall be regulated in accordance with the following tables:

Sec. 17.117.08.

Miscellaneous provisions. Off-street parking and loading shall be provided for all uses established in this zone.

(Ord. No. 1491, 5-3-2010)

Sec. 17.118.01.

Description. The Water Source Protection Overlay District is an overlay district consisting of two separate protection areas, known as: the Water Source Protection Area - Zone 1, and Water Source Protection Area - Zone 2 as shown on the Water Source Protection Overlay District map of the City of Madison. The official map shall be on file at the City Finance Office.

Sec. 17.118.02.

Purpose and intent.

The City of Madison recognizes that aquifer systems and associated drainage basins are its primary source of high quality, potable drinking water and must be protected from leaks and spills or threatened leaks or spills of contaminants in such quantities as may result in adverse effects to water sources by establishing a comprehensive water source protection plan. Pursuant to the authority provided by South Dakota statue, and in the interest of securing the public health, safety, and general welfare, the City of Madison desires to preserve the quality and quantity of the City's water resources, and to ensure a safe and adequate water supply for present and future generations by preserving and protecting water resources currently in use, and those having a potential for future use as a public water supply, while at the same time continuing to foster and promote reasonable and environmentally responsible economic growth.

The purpose of these regulations is to ensure the safety of the potable water supply for the City of Madison. This Ordinance will establish procedures and criteria for reviewing and restricting land uses which have the potential to pollute water sources in designated water source protection zones.

Sec. 17.118.03.

Water source protection district use regulations. Any activity on, or use of, any land which lies within the Water Source Protection Overlay District shall conform to the following regulations and procedures. The purpose of these regulations is to maintain the natural quality of the water resources and to that end, to require the use of all available practical methods of preventing and controlling water pollution from sewage, industrial wastes, and other contaminants.

1.

Definitions.

Zone A - Zone A, the well-head protection area, is the mapped zone of contribution around all public water supply wells or well-fields in shallow/surficial aquifers and includes land upgradient from the well or well-field to the ten year time of travel boundary. Zone A is identified on the Water Source Protection Overlay District Map.

Zone B - Zone B is the remainder of the mapped shallow/surficial aquifer in the County not included in Zone A. Zone B also includes any delineated lands adjacent to Zone A not underlain by the shallow aquifer but with sufficient slope water could flow directly onto Zone.

A.

Zone B is identified on the Water Source Protection Overlay District Map.

2.

Permitted Uses in Zone A and Zone B. The same as underlying zoning district uses may be allowed, provided they meet the conditions described herein.

3.

Prohibited Uses in Zone A and Zone B.

a.

Sanitary landfills, feedlots and salvage yards shall not be permitted in Agricultural Districts.

b.

Septic Systems.

4.

All areas within the Water Source Protection Overlay District which are annexed to the City after the effective date of this Ordinance shall be connected to the Madison sanitary sewer system at the time of development. If surface features or other conditions prohibit connection to the Madison sanitary sewer system, a closed waste system, such as a holding tank or system just as effective, as determined by the Administrative Official or his/her authorized representative, shall be installed.

5.

No use shall be allowed in any zone which utilizes a surface impoundment or any underground injection well.

6.

Review Procedure.

Permits for new uses or changes in existing uses shall be required to meet all other City requirements, including, but not limited to, requirements for underground storage tanks, sewer discharge permits, and storage of contaminants or hazardous materials. These new uses or changes in use, as well as any new developments, or any changes from current uses which are within the Water Source Protection Overlay District, will be reviewed by the Administrative Official, except for residential uses which are connected to the Madison sanitary sewer system.

This review process shall be completed prior to the issuance of a building permit. Issuance of the permit does not relieve the applicant of compliance with all local, state and federal laws. The review by the Administrative Official shall involve an analysis of each proposal, including, but not limited to:

a.

Description of the proposed activity, use, or development, including information and technical data and complete blueprints.

b.

The quality, quantity, concentration, physical, chemical, or infectious characteristics of contaminants or hazardous material to be stored or used on the property or premises.

c.

Provide complete description, plans, and specifications of primary and secondary containment facilities including provisions for leak/spill detection and monitoring.

d.

The adverse effects of contaminants or hazardous materials, including the probability that any leak or spill would contaminate groundwater.

e.

Submission of a completed contingency plan for waste spills.

f.

Plans for pretreatment of industrial waste to be released into sanitary sewer system as specified in the Ordinance Book, City of Madison, Chapter 22 [32], Water, Sewers, and Sewage Disposal.

g.

Compliance with other City, State, or Federal regulations.

h.

Any other information as may be deemed necessary by the Administrative Official.

7.

Rejection and Appeal. The Administrative Official may deny any proposed uses or developments which have the potential to pollute water sources in the overlay district. Decisions of the Administrative Official may be appealed to the Board of Adjustment.

Sec. 17.119.01.

Purpose and intent. It is the purpose and intent of the Madison City Commission and Madison Planning Commission to establish a district which reserves an area to maintain its current level of development for the purpose of providing an area for potential inundation due to on site storage of stormwater. Only those properties identified by the City of Madison Comprehensive Plan or other ancillary studies may be included in this district.

Sec. 17.119.02.

Establishment/delineation/regulation of the "WR" Water Retention/Conveyance Overlay District. Boundaries for the "WR" Water Retention/Conveyance Overlay District are shown on the Water Retention/Conveyance Overlay District Map as referenced in Chapter 17.02.01. The Water Retention/Conveyance Overlay District Map is hereby adopted by reference as part of these regulations as if the map was [were] fully described herein.

Sec. 17.119.03.

Applicability.

The provisions of this Chapter shall apply to any project on a lot or parcel in the "WR" District as described herein.

Where the provisions of [section] §17.118 conflict with other provisions of this Title, the provisions of §17.118 shall prevail.

Standards, uses, and regulations not addressed in [section] §17.118 shall be regulated as defined elsewhere in this Title.

Sec. 17.119.04.

Uses.

1.

Permitted Uses.

a.

Horticulture and the raising of field crops.

2.

Conditional Uses.

a.

Accessory uses and structures customarily incidental to permitted uses.

b.

Public parks and recreation areas.

c.

Reservoirs.

3.

Prohibited Uses. Any structure not associated with a use listed as either a permitted use or conditional use in Section 17.123.04 shall be prohibited.

Sec. 17.119.05.

Standards.

1.

Area Regulations. Area regulations shall be regulated in accordance with the area regulations for the underlying district.

Sec. 17.120.01.

Purpose and intent. This zone is designed to provide for airports, heliports, and landing areas for other types of aircraft.

Sec. 17.120.02.

Principal permitted uses airport zone.

1.

Any principal permitted use in the primary zone to which the AP-Airport overlay district classification is applied.

2.

Activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft, including airplanes, helicopters, and other types of aircraft. These provisions shall apply to private, commercial and all other types of ownership.

Sec. 17.120.03.

Airport Overlay District—Permitted accessory uses.

1.

Any permitted accessory use allowed in the primary zone to which the AP-overlay district classification is applied.

2.

Facilities accessory to the normal and continual operation of a landing field, but not to include general repair depots and other commercial and industrial operations not normally found at all such landing fields unless permitted in the primary zone.

Sec. 17.120.04.

Airport Overlay District—Conditional uses.

1.

Same as primary zone.

Sec. 17.120.05.

Airport Overlay District—Space limits.

1.

Same as primary zone.

Sec. 17.120.06.

Procedure Airport Zone.

1.

When a property owner wishes to develop a landing field he may apply for a zoning change to an AP-Airport Overlay District. Said zoning change shall be an amendment to the zoning map and shall follow all procedural requirements for such changes set forth herein.

Sec. 17.121.01.

Description. The "AZ" Aviation Safety Zone Overlay District is an overlay district consisting of three separate protection zones, known as: the Runway Protection Zone (RPZ) - Safety Zone 1, Inner Approach/Departure Corridors - Safety Zone 2, and Inner Turning Area - Safety Zone 3 as shown on the Safety Compatibility Zones map of the City of Madison. The official map shall be on file at the City Finance Office.

Sec. 17.121.02.

Purpose and intent. The purpose of the "AZ" Aviation Safety Zone Overlay District is to minimize potential risk for endangering the lives and property of users of the Madison Municipal Airport, and property or occupants of land in its vicinity. The City of Madison recognizes that to promote the health, safety, and general welfare of the community, certain uses and building heights are incompatible within specified proximities of Madison Municipal Airport.

Sec. 17.121.03.

Safety Zone 1. Safety Zone 1 is comprised of the Runway Protection Zones for each of Madison Municipal Airport's two runways.

1.

Permitted Uses.

a.

Aviation related structures, aviation-related services, and support facilities provided there are no assemblages of people for any purpose or duration of time.

b.

Other structures set by aeronautical function.

2.

Accessory Uses.

a.

Accessory uses and structures customarily incidental to permitted uses.

3.

Prohibited Uses.

a.

All uses and structures not specifically permitted or not permitted by conditional use shall be prohibited in Safety Zone 1.

b.

No assemblages of people for any purpose or duration of time shall be permitted in Safety Zone 1.

Sec. 17.121.04.

Safety Zone 2. Safety Zone 2 encompasses the runways and inner approach and departure corridors.

1.

Permitted Special Uses.

a.

Uses permitted in Safety Zone 2 include those permitted in the underlying district which each respective parcel is located as listed in Section 17.119.04.3 Prohibited Uses. Subject to:

i.

Structures are located the maximum distance from extended runway centerlines.

ii.

No critical community infrastructure facilities are placed in Safety Zone 2.

iii.

Avigation easement dedication.

2.

Accessory Uses.

a.

Accessory uses and structures customarily incidental to permitted uses.

3.

Prohibited Uses.

a.

Children's schools, day care centers, libraries.

b.

Nursing homes, churches, hospitals.

c.

Hazardous materials storage.

d.

Hazards to flight.

e.

Highly noise sensitive outdoor uses.

f.

Above ground bulk storage of hazardous materials.

4.

Space Limits.

a.

Further subdivision in underlying Agricultural Districts shall be prohibited.

b.

Residential subdivision in all other underlying Districts shall be limited to one dwelling unit per ten acres.

Sec. 17.121.05.

Safety Zone 3. Safety Zone 3 encompasses the inner turning areas where small aircraft turn either inward toward the runway and descend for landing or outward from the runway on takeoff as they begin to climb to pattern altitude or en route to cruise altitude.

1.

Permitted Special Uses.

i.

Uses permitted in Safety Zone 3 include those permitted in the underlying district which each respective parcel is located accept as listed in Section 17.119.05.3 Prohibited Uses. Subject to:

1.

No critical community infrastructure facilities are placed in Safety Zone 3.

2.

Avigation easement dedication.

2.

Accessory Uses.

a.

Accessory uses and structures customarily incidental to permitted uses.

3.

Prohibited Uses.

i.

Children's schools, day care centers, libraries.

ii.

Nursing homes, churches, hospitals.

iii.

Hazardous materials storage.

iv.

Hazards to flight.

v.

Highly noise sensitive outdoor uses.

f.[vi.]

Above ground bulk storage of hazardous materials.

5.

Space Limits.

a.

Further subdivision in underlying Agricultural Districts shall be prohibited.

b.

Residential subdivision in all other underlying Districts shall be limited to one dwelling unit per two acres.

Sec. 17.121.06.

Height restrictions. Notwithstanding height restrictions specified for any specific zone set forth herein, no building, structure, vegetation, or use of land shall be constructed or permitted to grow to a height exceeding the limits indicated on the zoning district maps entitled, "Airport Approach and Turning Zone," which are a part of this Ordinance, or may hereafter be adopted as a part of this Ordinance.

Sec. 17.122.01.

Purpose and intent. It is the purpose and intent of the Madison City Commission and Madison Planning Commission to establish a district with certain design standards for property visible within designated corridors at key entry points to the city. The Madison City Commission and Madison Planning Commission have identified those corridors as US Highway 81, SD Highway 34, and Highland Ave (East/West).

Sec. 17.122.02.

Establishment/delineation/regulation of the GT-1 Gateway Overlay District.

Boundaries for the GT-1 Gateway Overlay District are shown on the GT-1 Gateway Overlay District Map as referenced in Chapter 17.02.01. The GT-1 Gateway Overlay District Map is hereby adopted by reference as part of these regulations as if the map was[were] fully described herein.

The GT-1 Gateway Overlay District may be expanded to include additional urban corridors or lots within 1,320 feet of the above-described corridors by recommendation of the Planning Commission and action of the City Commission.

Any proposed project within the GT-1 Gateway Overlay District which is denied by the Building Official or Planning Commission may be appealed to the Board of Adjustment.

Sec. 17.122.03.

Applicability.

The provisions of this Chapter shall apply to any project on a lot or parcel in the GT-1 Gateway District as described herein.

Where the provisions of [section] §17.121 conflict with other provisions of this Title, the provisions of [section] §17.121 shall prevail.

Standards, uses, and regulations not addressed in [section] §17.121 shall be regulated as defined elsewhere in this Title.

Sec. 17.122.04.

Uses.

1.

Permitted Uses. Uses permitted in the GT-1 Gateway Overlay District include those permitted in the underlying district which each respective lot is located.

2.

Conditional Uses. Uses permitted by conditional use in the GT-1 Gateway Overlay District include those permitted by conditional use in the underlying district which each respective lot is located.

Sec. 17.122.05.

Standards.

1.

Setbacks. The minimum required front yard setbacks for primary structures adjacent to SD Highway 34 and US Highway 81 shall be 5 feet.

2.

Access to Corridors. Access to the following corridors will be regulated as follows:

a.

SD Highway 34: As approved by the South Dakota Department of Transportation.

b.

US Highway 81: As approved by the South Dakota Department of Transportation.

3.

Parking and Loading.

a.

Loading berths and doors facing required side or rear yards may be subject to screening or concealing from view from the street.

b.

Loading berths and doors facing required front yards:

i.

Shall not share a face with the main entrance of any building unless such berths exists as of August 1, 2009; and

ii.

Shall be the same color as the exterior wall finish of the structure; and

iii.

Shall be screened or concealed from view from the street.

4.

Sidewalk/Recreational Trail. Where a recreational trail is provided in lieu of a sidewalk for lots the property owner shall be responsible for the removal of snow in the same manner as required [section] §18-74 through [section] §18-78 of these ordinances for a portion of said recreational trail not less than four feet eight inches wide to extend the length of the property.

5.

Landscaping.

a.

There shall be a minimum width of 25 feet of living ground cover adjacent to US Highway 81 and SD Highway 34. In the event that there is not 25 feet of public right-of-way to be utilized for the planting of living ground cover, the difference shall be met by requiring the developer/owner of the property to provide the balance of the required 25 feet of living ground cover on private property. The necessary surfacing of sidewalks and driveways may be allowed within the minimum width of 25 feet of grass.

b.

Perimeter Tree Requirements.

i.

US Highway 81 and SD Highway 34. For commercial, industrial and multifamily residential uses one deciduous shade tree per 40 feet of frontage or one deciduous ornamental tree per 30 feet of frontage shall be provided adjacent to the right-of-way. Such trees shall be regularly spaced on private property.

ii.

No tree may be placed in the clear view triangle as described in 17.30. For the purpose of perimeter tree requirements total frontage will not include the area of the "clear view triangle," or the area necessary for paving or driveways.

c.

Interior Landscaping Requirements. When unenclosed interior parking spaces are provided for commercial, industrial and multifamily residential uses not less than two percent of the gross parking lot area shall be dedicated to landscaped area. Landscaped areas may consist of a combination of grasses, perennial forbs, shrubs, and shall include deciduous shade trees or deciduous ornamental trees.

i.

Where deciduous shade trees are used to meet the interior landscaping requirements one tree per 7,000 square feet of gross parking lot area shall be required.

ii.

Where deciduous ornamental trees or a combination of deciduous shade trees and deciduous ornamental trees are used to meet the interior landscaping requirements one tree per 5,000 square feet of grass parking lot area shall be required.

iii.

In addition to the requirements for tree plantings in 17.316. planting islands should be placed on the south and west sides of buildings and parking lots to shade the parking surface from the summer sun.

d.

Transitional Yards.

i.

Within any GT-1 Gateway Overlay District transitional yards will be required within side and rear yard setbacks on lots or parcels with commercial or industrial uses.

ii.

The width of transitional yards shall be ten feet.

iii.

The transitional yards shall extend the entire length of each respective property boundary.

iv.

The transitional yards shall be maintained with living ground cover.

v.

Transitional yards are required in addition to screening requirements set forth within these ordinances.

vi.

Property owners shall be ultimately responsible for the proper maintenance of all required landscape materials and the owner shall replace any dead or substantially damaged landscape materials.

6.

Building Construction. All buildings and structures in the GT-1 Gateway Overlay District shall meet the following building design and construction standards:

a.

All exterior surfaces on any building or structure shall be earth-tone in color.

b.

All exterior walls facing any front or side yard setback shall be finished with the following materials, or a combination of the following materials:

i.

Face brick;

ii.

Natural stone;

iii.

Pre-cast concrete panels or units, the surfaces of which have been integrally treated with an applied decorative material or texture;

iv.

Stucco or similar cement based material;

v.

Wood, consisting of horizontal lap siding or wood shakes; surfaces must be painted or finished;

vi.

Decorative Block;

vii.

Sheet siding provided the Board of Adjustment determines said siding is compatible with the neighborhood and the uses thereof meets, or including, but not limited to, being used in conjunction with brick, other types of siding or other accessory material; or

viii.

Any similar material which meets the purposes for which these regulations are designed and intended, and are approved by the Building Official. A request for approval shall include:

a)

A written description of the manner in which the proposed material promotes the purposes of this chapter of the ordinance;

b)

A physical sample of all the proposed materials together with their technical specifications;

c)

A color photograph of similar applications of the proposed material;

d)

A sketch of the proposed construction showing the location of the proposed material; and

e)

A written description explaining why approved materials described herein are not being considered.

c.

Additions to principal structures which conform to the provisions of this Chapter and all accessory buildings or structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

7.

Other performance standards.

a.

Because of the range of land uses permitted within the GT-1 Gateway Overlay District, other design standards may be considered for conditional uses, major amendments, or final development plans.

b.

Any additional standards shall be designed to eliminate or offset potential negative impacts to the landscape of this district which may result from development.

Sec. 17.123.01.

Purpose and intent. It is the purpose and intent of the Madison City Commission and Madison Planning Commission to establish a district with certain design standards for property visible within designated corridors at key entry points to the city. The Madison City Commission and Madison Planning Commission have identified those corridors as 3rd Street North/233rd Street, 234th Street (west of Highland Ave)/11th Street South, and Highland Ave (North/South).

Sec. 17.123.02.

Establishment/delineation/regulation of the GT-1 Gateway Overlay District.

Boundaries for the GT-2 Gateway Overlay District are shown on the GT-2 Gateway Overlay District Map as referenced in Chapter 17.02.01. The GT-2 Gateway Overlay District Map is hereby adopted by reference as part of these regulations as if the map was[were] fully described herein.

The GT-2 Gateway Overlay District may be expanded to include additional urban corridors or lots within 1,320 feet of the above described corridors by recommendation of the Planning Commission and action of the City Commission.

Any proposed project within the GT-2 Gateway Overlay District which is denied by the Building Official or Planning Commission may be appealed to the Board of Adjustment.

Sec. 17.123.03.

Applicability.

The provisions of this Chapter shall apply to any project on a lot or parcel in the GT-2 Gateway District as described herein.

Where the provisions of [section] §17.122 conflict with other provisions of this Title, the provisions of [section] §17.122 shall prevail.

Standards, uses, and regulations not addressed in [section] §17.122 shall be regulated as defined elsewhere in this Title.

Sec. 17.123.04.

Uses.

1.

Permitted Uses. Uses permitted in the GT-2 Gateway Overlay District include those permitted in the underlying district which each respective lot is located.

2.

Conditional Uses. Uses permitted by conditional use in the GT-2 Gateway Overlay District include those permitted by conditional use in the underlying district which each respective lot is located.

Sec. 17.123.05.

Standards.

1.

Access to corridors. Access to the following corridors for commercial, industrial and multifamily residential uses shall be regulated as follows:

a.

2nd Street North/233rd Street: Minimum access spacing shall be 200 feet;

b.

11th Street South/234th Street west of Highland Ave: Minimum access spacing shall be 200 feet.

2.

Parking and Loading.

a.

Loading berths and doors facing required side or rear yards may be subject to screening or concealing from view from the street.

b.

Loading berths and doors facing required front yards:

i.

Shall not share a face with the main entrance of any building unless such berths exists as of August 1, 2009; and

ii.

Shall be the same color as the exterior wall finish of the structure; and

iii.

Shall be screened or concealed from view from the street.

3.

Sidewalk/Recreational Trail. Where a recreational trail is provided in lieu of a sidewalk for lots the property owner shall be responsible for the removal of snow in the same manner as required [sections] §18-74 through §18-78 of these ordinances for a portion of said recreational trail not less than four feet eight inches wide to extend the length of the property.

4.

Landscaping.

a.

There shall be a minimum width of 15 feet of living ground cover adjacent to 2nd Street North/233rd Street and 11th Street South/234th Street west of Highland Ave. In the event that there is not 15 feet of public right-of-way to be utilized for the planting of living ground cover, the difference shall be met by requiring the developer/owner of the property to provide the balance of the required 15 feet of living ground cover on private property. The necessary surfacing of sidewalks and driveways may be allowed within the minimum width of 15 feet of grass.

b.

Perimeter Tree Requirements.

i.

US Highway 81 and SD Highway 34. For commercial, industrial and multifamily residential uses one deciduous ornamental or shade tree per 40 feet of frontage shall be provided adjacent to the right-of-way. Such trees shall be regularly spaced on private property.

ii.

No tree may be placed in the clear view triangle as described in Section 17.30. For the purpose of perimeter tree requirements total frontage will not include the area of the "clear view triangle," or the area necessary for paving or driveways.

c.

Interior Landscaping Requirements. When unenclosed interior parking spaces are provided for commercial, industrial and multifamily residential uses not less than two percent of the gross parking lot area shall be dedicated to landscaped area. Landscaped areas may consist of a combination of grasses, perennial forbs, shrubs, and shall include deciduous shade trees or deciduous ornamental trees.

i.

Where deciduous shade trees are used to meet the interior landscaping requirements tree per 8,500 square feet of gross parking lot area shall be required.

ii.

Where deciduous ornamental trees or a combination of deciduous shade trees and deciduous ornamental trees are used to meet the interior landscaping requirements one tree per 7,000 square feet of grass parking lot area shall be required.

iii.

In addition to the requirements for tree plantings in Section 17.316 planting islands should be placed on the south and west sides of buildings and parking lots to shade the parking surface from the summer sun.

d.

Transitional Yards.

i.

Within any GT-2 Gateway Overlay District transitional yards will be required within side and rear yard setbacks on lots or parcels with commercial or industrial uses.

ii.

The width of transitional yards shall be ten feet.

iii.

The transitional yards shall extend the entire length of each respective property boundary.

iv.

The transitional yards shall be maintained with living ground cover.

v.

Transitional yards are required in addition to screening requirements set forth within these ordinances.

vi.

Property owners shall be ultimately responsible for the proper maintenance of all required landscape materials and the owner shall replace any dead or substantially damaged landscape materials.

5.

Building Construction. All buildings and structures in the GT-2 Gateway Overlay District shall meet the following building design and construction standards:

a.

All exterior surfaces on any building or structure shall be earth-tone in color.

b.

All exterior walls facing any front or side yard setback shall be finished with the following materials, or a combination of the following materials:

i.

Face brick;

ii.

Natural stone;

iii.

Pre-cast concrete panels or units, the surfaces of which have been integrally treated with an applied decorative material or texture;

iv.

Stucco or similar cement-based material;

v.

Wood, consisting of horizontal lap siding or wood shakes; surfaces must be painted or finished;

vi.

Decorative Block;

vii.

Sheet siding may not be used on roof or sidewalls unless the Board of Adjustment determines said siding is compatible with the surrounding area and the use thereof meets or exceeds any additional conditions placed by the Board of Adjustment of said use, including, but not limited to, being used in conjunction with brick, other types of siding or other accessory material;

viii.

Any similar material which meets the purposes for which these regulations are designed and intended, and are approved by the Building Official. A request for approval shall include:

a)

A written description of the manner in which the proposed material promotes the purposes of this chapter of the ordinance;

b)

A physical sample of all the proposed materials together with their technical specifications;

c)

A color photograph of similar applications of the proposed material;

d)

A sketch of the proposed construction showing the location of the proposed material; and

e)

A written description explaining why approved materials described herein are not being considered.

c.

Exterior walls not finished with the above listed materials shall be required to be screened using coniferous and deciduous shade trees. Deciduous shade trees may be utilized for up to 50 percent of the total number of trees provided for screening.

d.

Additions to principal structures which conform to the provisions of this Chapter and all accessory buildings or structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

6.

Other performance standards.

a.

Because of the range of land uses permitted within the GT-2 Gateway Overlay District, other design standards may be considered for conditional uses, major amendments, or final development plans.

b.

Any additional standards shall be designed to eliminate or offset potential negative impacts to the landscape of this district which may result from development.

(Ord. No. 1496, 10-4-2010)

Sec. 17.124.01.

Purpose and intent. It is the purpose and intent of the Madison City Commission and Madison Planning Commission to establish a district which allows for the clustering of commercial uses, and local sources of employment in close proximity to residential uses which are approved with due consideration to public health and safety.

Sec. 17.124.02.

Establishment/delineation/regulation of the mu-e mixed use-egan avenue overlay district.

Boundaries for the "MU-E" Mixed Use Egan Avenue Overlay District are shown on the Mixed Use Overlay District Map as referenced in Chapter 17.02.01. The Mixed Use Overlay District Map is hereby adopted by reference as part of these regulations as if the map was fully described herein.

Any proposed project within the Mixed Use Overlay District which is denied by the Building Official or Planning Commission may be appealed to the Board of Adjustment.

Sec. 17.124.03.

Applicability.

The provisions of this Chapter shall apply to any project on a lot or parcel in the Mixed Use Overlay District as described herein.

The Mixed Use Overlay District may be expanded to include other areas as recommended by the Comprehensive Land Use Plan of the City of Madison or other ancillary studies by recommendation of the Planning Commission and action of the City Commission.

Where the provisions of [section] §17.123 conflict with other provisions of this Title, the provisions of [section] §17.123 shall prevail.

Standards, uses, and regulations not addressed in §17.123 shall be regulated as defined elsewhere in this Title.

Sec. 17.124.04.

Mixed uses encouraged.

Mixed-use developments are strongly encouraged in the Mixed Use- Egan Avenue Overlay District including the mixing of residential principal uses with principal commercial uses. Mixed-use development may occur by having two or more principal uses located in the same building (e.g., retail on ground floor, office space above).

Two or more principal uses located in different buildings sited on the same lot or parcel (e.g., free-standing child day care center located on the same parcel as an office building) may be permitted within the Mixed Use- Egan Avenue Overlay District in which an underlying zoning designation is HB, CB, or NB.

Sec. 17.124.05.

Uses.

1.

Permitted Uses. Uses permitted in the MU-E Mixed Use- Egan Avenue Overlay District include those permitted in the underlying district which each respective lot is located.

2.

Accessory Uses. Accessory uses and structures customarily incidental to permitted uses.

3.

Conditional Uses.

a.

Those uses permitted by conditional use in the underlying district which each respective lot is located.

b.

Home Occupations.

c.

Site built single family dwellings on the same lot as a commercial use but not attached to the principal structure.

d.

Up to four dwelling units within the same structure as another listed permitted use or conditional use. Subject to:

i.

The underlying district is HB, GB, NB, ML, or MR.

ii.

The dwelling unit is not directly entered from the ground floor.

iii.

In addition to the required minimum lot size for the specific district an additional 5,000 square feet of lot area is required.

e.

Multi family dwelling units within the same structure as another listed permitted use or conditional use. Subject to:

i.

The underlying district is HB, GB, NB, ML, or MR.

ii.

Dwelling units are not directly entered from the ground floor.

iii.

In addition to the required minimum lot size for the specific district an additional 5,000 square feet for the first four dwelling units and 1,250 square feet per dwelling unit is required.

f.

Twin Homes provided that access is not proposed directly onto Egan Avenue.

Sec. 17.124.06.

Standards.

1.

Area Regulations. Area regulations shall be regulated in accordance with the area regulations for the underlying district.

2.

Parking and Loading.

a.

Loading berths and doors facing required side or rear yards shall be subject to screening or concealing from view.

b.

Mixed Use Reduction. Any building projects which involve a mix of uses will benefit from a more intensive and shared use of the parking supply. Any unified mixed-use development will consequently require less off-street parking than the sum of the number of spaces required for each separate use. A mixed use development constructed with off-street parking accessible to and shared by all uses within the development shall have their required number of parking spaces calculated as follows:

i.

Calculate the number of parking spaces required for each use separately.

ii.

The use for which the required number of parking spaces is the largest shall be defined as the primary use for the purpose of determining this reduction only.

iii.

The number of parking spaces required for the uses other than the primary use may be reduced according to the standards set forth in the table below:

iv.

The minimum parking space requirement is the sum of the spaces required for the various uses computed separately reduced by the appropriate number of parking spaces calculated from the table above.

v.

Mixed use reduction does not apply to structures in the "CB" District.

3.

Sidewalk/Recreational Trail. Where a recreational trail is provided in lieu of a sidewalk for lots the property owner shall be responsible for the removal of snow in the same manner as required [sections] §18-74 through §18-78 of these ordinances for a portion of said recreational trail not less than four feet eight inches wide to extend the length of the property.

4.

Building Construction. All buildings and structures in the Mixed Use Overlay District shall meet the following building design and construction standards:

a.

All exterior surfaces on any building or structure shall be earth-tone in color.

b.

All exterior walls facing any front or side yard setback shall be finished with the following materials, or a combination of the following materials:

i.

Face brick;

ii.

Natural stone;

iii.

Pre-cast concrete panels or units, the surfaces of which have been integrally treated with an applied decorative material or texture;

iv.

Stucco or similar cement based material;

v.

Wood, consisting of horizontal lap siding or wood shakes; surfaces must be painted or finished;

vi.

Decorative Block; or

vii.

Any similar material which meets the purposes for which these regulations are designed and intended, and are approved by the Building Official. A request for approval shall include:

a)

A written description of the manner in which the proposed material promotes the purposes of this chapter of the ordinance;

b)

A physical sample of all the proposed materials together with their technical specifications;

c)

A color photograph of similar applications of the proposed material;

d)

A sketch of the proposed construction showing the location of the proposed material; and

e)

A written description explaining why approved materials described herein are not being considered.

c.

Exterior walls not finished with the above listed materials shall be required to be screened using coniferous and deciduous shade trees. Deciduous shade trees may be utilized for up to 50 percent of the total number of trees provided for screening.

d.

Additions to principal structures which conform to the provisions of this Chapter and all accessory buildings or structures shall be constructed of the same materials as the principal building and shall be of the same architectural design and general appearance as the principal building.

5.

Other performance standards.

a.

Because of the range of land uses permitted within the Mixed Use Overlay District, other design standards may be considered for special exceptions, major amendments, or final development plans.

b.

Any additional standards shall be designed to eliminate or offset potential negative impacts to the landscape of this district which may result from development.

(Ord. No. 1594, 10-2-2017)

Sec. 17.125.01.

Purpose and intent. It is the purpose and intent of the Madison City Commission and Madison Planning Commission to establish a closed district which allows for the continuation of residential uses within underlying business districts at a density not to exceed that of current residential development.

Sec. 17.125.02.

Establishment/delineation/regulation of the MU-C Mixed Use-Commercial Emphasis Overlay District. Boundaries for the "MU-C" Mixed Use Commercial Emphasis Overlay District are shown on the Mixed Use Overlay District Map as referenced in Chapter 17.02.01. The Mixed Use Overlay District Map is hereby adopted by reference as part of these regulations as if the map was fully described herein.

Sec. 17.125.03.

Applicability.

The provisions of this Chapter shall apply to any project on a lot or parcel in the "MU-C" District as described herein.

Where the provisions of [section] §17.125 conflict with other provisions of this Title, the provisions of [section] §17.125 shall prevail.

Standards, uses, and regulations not addressed in [section] §17.125 shall be regulated as defined elsewhere in this Title.

Sec. 17.125.04.

Uses.

1.

Permitted Uses. Those permitted in the underlying district which each respective lot is located.

2.

Accessory Uses. Accessory uses and structures customarily incidental to permitted uses.

3.

Conditional Uses.

a.

Those uses permitted by conditional use in the underlying district which each respective lot is located.

b.

Site built single family dwellings.

c.

Two family dwellings.

d.

Multiple-family dwellings.

e.

Modular homes.

f.

Home occupation.

Sec. 17.125.05.

Standards.

1.

Area Regulations. Area regulations shall be regulated in accordance with the area regulations for the underlying district.

2.

Discontinuation of Use. Any use granted a conditional use permit in the "MU-C" District which is not listed as a conditional use in the underlying district shall become a nonconforming use in the underlying district and subject to the provisions of Section 17.12 if such use is discontinued for one year.

3.

Other Performance Standards. Because of the range of land uses permitted within the Mixed Use-Commercial Emphasis Overlay District, other design standards may be considered for special exceptions, major amendments, or final development plans.