Except in zones allowing the construction of buildings or structures to the property line, on any corner lot in any zoning district, no planting or obstruction to vision between the range of three and eight feet in height measured from the center line of the road shall be placed or maintained within the triangular area formed by the intersection road right-of-way lines and a straight line connecting points on said road right-of-way line each of which is 50 feet distance from the point of intersection (Clear View Triangle). Where an alley intersects a street no planting or obstruction to vision between the range of three and eight feet in height measured from the center line of the road shall be placed or maintained within the triangular area formed by the intersection road and alley right-of-way lines and a straight line connecting points on said road and alley right-of-way line each of which is 15 feet distance from the point of intersection (Clear View Triangle).

Sec. 17.31.01.

Construction Limitations.

1.

Notwithstanding other provisions of this ordinance, fences, walls, and hedges with a maximum height of not more than seven feet high, may be erected on any part of a lot other than in the required front yards.

Exceptions: The following types of fences may be constructed in the required front yard(s) under the following conditions:

A)

Lots with one Frontage:

i)

Fences less than 50 percent solid subject to the following conditions:

(a)

Maximum height is no greater than four feet.

ii)

Fences greater than 50 percent solid:

(a)

Maximum height is no greater than 30 inches; or

(b)

Maximum height is no greater than four feet where said fence does not in any way obstruct the view of pedestrian or vehicular traffic from the intersecting right-of-way to the ingress/egress point of the lot. A fence will be considered to obstruct said view when constructed within the triangular area formed by the intersection road right-of-way line, the center line of the ingress/egress and a straight line connecting points on said road and ingress/egress line each of which is 50 feet distance from the point of intersection.

B)

Lots with more than one Frontage:

i.

Fences in the required yard space and in any additional space between the right-of-way and the primary entrance, or "front door," of the structure less than 50 percent solid subject to the following conditions:

(a)

Maximum height is no greater than four feet.

ii.

Fences in the required yard space and in any additional space between the right-of-way and the primary entrance, or "front door," of the structure greater than 50 percent solid:

(a)

Maximum height is no greater than 30 inches; or

(b)

Maximum height is no greater than four feet where said fence does not in any way obstruct the view of pedestrian or vehicular traffic from the intersecting right-of-way to the ingress/egress point of the lot. A fence will be considered to obstruct said view when constructed within the triangular area formed by the intersection road right-of-way line, the center line of the ingress/egress and a straight line connecting points on said road and ingress/egress line each of which is 50 feet distance from the point of intersection.

iii.

Fences in the required yard space but not the required yard space adjacent to the primary entrance, or "front door", nor in any additional space between the right of way and the primary entrance, or "front door" of the structure, subject to the following conditions:

(a)

Maximum height is no greater than seven feet where said fence does not in any way obstruct the view of pedestrian or vehicular traffic from the intersecting right of way to the ingress/egress point of the lot. A fence will be considered to obstruct said view when constructed within the triangular area formed by the intersection road right-of-way line, the center line of the ingress/egress and a straight line connecting points on said road and ingress/egress line each of which is 50 feet distance from the point of intersection.

2.

Fences, walls, and hedges which are more than 30 percent solid shall abide by Section 17.30.

3.

No person shall hereafter construct, erect or maintain or cause to be constructed, erected or maintained in the City of Madison corporate limits any fences of any character or material, without first securing permission from the Administrative Official.

4.

No such fence of any kind shall be built closer than two feet to the inside sidewalk line or street right-of-way.

5.

Approved fencing materials include stone, brick, wood, vinyl, and chain link. The City further requires fencing materials to be "new" - used for first time installation. Individuals wishing to utilize "used" - not first time installation fencing materials shall require Board of Adjustment approval. No electric or barbed wire shall be used in the construction of any fences within the City of Madison, except that barbed wire may be used on agricultural property and in connection with a security fence when the barbed wire is at least six feet from the ground.

6.

Hedges or other plantings which create a fence effect are subject to the same regulations as fences.

7.

That side of the fence considered being the face (facing as applied to fence post) should face abutting property.

(Ord. No. 1534, 12-3-2012; Ord. No. 1545, 9-9-2013)

That no structure built, remodeled or repaired, in any Central Business, Neighborhood Business and General Business district may have as its outer covering on the roof or sidewalls any material defined as sheet siding 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.

1.

Accessory uses must be subordinate to principal use.

2.

No accessory use shall be permitted in any district unless such use is specifically authorized by this Ordinance. No accessory use shall be deemed to be authorized by this Ordinance unless such use is in fact subordinate to and on the same parcel with the principal use in conjunction with which it is maintained.

3.

No accessory building which is attached to or within ten feet of a principal structure shall be erected in any required yard. Exceptions:

a.

An accessory structure may be constructed within two feet of an inside lot line when the entire structure is within 40 feet of the rear property line, or on the rear half of a lot if the adjacent lot is built upon and the accessory building will be entirely to the rear of the line of any principal building on the said neighboring lot.

b.

The Board of Adjustment may allow adjoining property owners may construct accessory building with party wall in lieu of the two-foot side yard, but in compliance with the general location rules of 17.33.3 above, provided such wall conforms with the requirements of the Building Code and a finding is made by the Board of Adjustment that such party wall development will be appropriate to the topographic conditions and in harmony with the character of development of the neighborhood.

c.

Notwithstanding all other provisions in this ordinance except the Visibility at Intersections section dealing with the Clear View Triangle, an accessory structure on a corner lot or lots with multiple frontages may be constructed to the lesser required setbacks listed for Front Yards in the requirements of the respective district provided that the other greater required setback or a setback equal to the setback of the primary structure is not currently encroached into by any other existing accessory structures.

4.

No separate accessory building shall be erected within five feet of any other building.

5.

No accessory building may be used for residential dwelling purposes at any time.

6.

Residential Districts. Accessory uses shall be permitted for the principal permitted uses and conditional uses of the residential districts only in accordance with the provisions of the following table hereby adopted by reference and declared to be part of this Ordinance.

Permitted uses

7.

Commercial and Industrial Districts. In any commercial district, any accessory use customarily incident to the principal permitted use or conditional use shall be permitted, except those uses specifically prohibited in the district.

Sec. 17.33(3)(c).

Accessory buildings and use.

(c)

Notwithstanding all other provisions in this ordinance except the Visibility at Intersections section dealing with the Clear View Triangle, an accessory structure on a corner lot or lots with multiple frontages may be constructed to the lesser required setbacks listed for Front Yards in the requirements of the respective district provided that the other greater required setback or a setback equal to the setback of the primary structure is not currently encroached into by any other existing accessory structures.

(Ord. No. 1485, 12-7-2009; Ord. No. 1496, 10-4-2010; Ord. No. 1545, 9-9-2013)

Sec. 17.34.01.

Intent. The intent of this Section is to provide for necessary visual communications and to preserve and promote a pleasant physical environment within the City by regulating the type, number, size, height, lighting, maintenance, and erection of sign structures.

Sec. 17.34.02.

Permit required.

1.

No sign shall be erected, re-erected, or altered unless a permit has been obtained unless no permit is required pursuant to Section 17.3704.4. Application for a sign permit shall be made in writing on forms furnished by the Administrative Official. No separate building permit shall be required, but the Administrative Official may require filing of plans or other pertinent information where such information is necessary to ensure compliance with the Building Code.

2.

The fee for a sign permit shall be established by resolution unless required to be set by ordinance. A double fee shall be charged if a sign is erected without first obtaining a permit for sign.

Sec. 17.34.03.

Signs requiring permit. Signs shall be permitted on private property in accordance with Table 1. If the letter "P" appears for a sign type in a column, such sign is allowed upon obtaining a sign permit. If the letter "C" appears for a sign type in a column, such sign is allowed upon obtaining a conditional use permit. If the letters "NA" appear for a sign type in a column, such sign is not allowed in the respective district under any circumstances.

Sec. 17.34.04.

Supplementary regulations for signs requiring permit. Signs requiring permit shall not exceed the maximum number or square footage nor encroach into the minimum setback shown on the following table. If the letters "NA" appear for a sign type in a column, such sign is not allowed in the respective district under any circumstances.

Sec. 17.34.05.

Exempted signs; no permit required.

1.

The following signs need no permit, but shall conform to the requirements of this Section:

a.

Pedestrian, vehicular-traffic, and parking directional signs in parking lots, provided such signs are less than eight square feet in area and six feet in height. Such signs shall not be included in determining allowable signage.

b.

Public signs, street signs, warning signs, railroad crossing signs, or signs of public service companies for the purpose of safety.

c.

Signs denoting the architect, engineer, contractor, or owners, when placed upon a work site. Such signs shall be removed within ten days after completion of construction.

d.

Signs designating candidates seeking public political office, provided that such election sign shall not exceed eight square feet in size. Such signs shall be located on private property and shall not be located on an intersection so as to obstruct vehicular lines of sight.

e.

Signs or posters attached or painted on the inside of a display window. This shall include illuminated signs, but not flashing signs.

f.

Flags, badges, or insignia of any government, governmental agency, or any civic, religious, fraternal or similar organization.

g.

Emergency signs required by any governmental agency.

h.

Temporary real estate signs pertaining only to the sale, rental or development of the lot upon which displayed, such signs shall not exceed six square feet for residential property or 24 square feet for other property. One sign shall be permitted for each lot and must be removed within ten days following the sale, lease, or development.

i.

Banners placed on private property for advertising a special sales event or grand opening. Such banners shall contain no advertising.

j.

Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or incombustible material.

k.

Home occupation signs, non-illuminated, attached to the wall of a dwelling, and not exceeding two square feet in area.

l.

Temporary real estate development signs pertaining to the sale, rental, or development of the premises upon which displayed. One sign is permitted per development. Each sign shall not exceed the following size limitations.

m.

Signs shall be properly maintained and removed when 80 percent of the project is sold, rented, or developed.

Sec. 17.34.06.

Prohibited signs.

1.

The following signs are prohibited by this Section:

a.

Signs that by reason of position, shape or color, would interfere with the proper function of a traffic sign, signal or be misleading to vehicular traffic.

b.

Signs within a public right-of-way or easement, except for signs installed by governmental subdivisions.

c.

Signs that resemble any official marker erected by a governmental agency or that display such words as "stop" or "danger," which are not erected by legal authority.

d.

Signs attached to trees or utility poles.

e.

Signs with rotating beam or flashing illumination.

f.

Signs which project over any public right-of-way.

g.

Signs advertising by letters, words, or figures painted upon any sidewalk within the City.

h.

Advertising signs painted on any exterior building surface. Such signs shall be on a separate frame and shall not extend beyond 18 inches from the wall surface.

i.

Trademark signs in excess of two persons per business.

j.

Projecting signs in the CB District, except signs projecting over public alleys, which shall not be less than 15 feet above such alley surface.

k.

Signs which project over in public right-of-way, except for canopy or awning signs which shall have a minimum clearance of seven feet above a public sidewalk and wall signs in the CB District.

l.

Rotating signs.

m.

Signs painted or attached to vehicles where the vehicle is parked on a property and not intended to be moved.

n.

Electronic message signs with sudden movement, including, but not limited to, blinking and flashing.

o.

The following signs at all locations except those locations with zero yard space setback requirements.

i.

Signs which obstruct the clear view triangle of any required egress from a building or structure.

ii.

Where otherwise allowed in the setback, no ground sign or sign structures taller than three feel shall be located within a clear view triangle area.

Sec. 17.34.07.

General requirements.

1.

All signs shall be maintained by the owner in a safe condition. A sign shall be repainted whenever its paint begins to fade, chip, or discolor.

2.

On-premise[s] signs shall be removed from a building and property by the owner of such property within 30 days after termination of the use for which it was intended.

3.

If the Administrative Official shall find that any sign is unsafe, a detriment to the public, not maintained, or constructed, erected or maintained in violation of the provisions of this Section, the Administrative Official shall give written notice to the property owner thereof. If the property owner fails to comply with the standards of this Section within 30 days after such notice, and if no appeal is taken, or if no owner, occupant, or agent can be found, such sign may be removed or altered by the City. The cost of such City action shall be specially assessed against the subject property.

4.

All signs erected per this Section shall comply with the International Building Code, as amended from time to time.

5.

In all commercial or industrial zones, the height of any free standing or pole signs which are intended to be viewed from an elevated four lane highway which identifies highway-oriented businesses and which signs are to be located within 200 feet of the highway right-of-way line may exceed district height standards provided that the maximum height to the top of the sign shall not exceed 15 feet above the grade elevation of such elevated four lane highway directly adjacent to such property on which the sign is positioned. All elevated signs shall be separated a minimum of 400 feet from another elevated sign. Elevated signs adjacent to residential uses shall require the issuance of a conditional use permit by the Board of Adjustment.

6.

Parking signs are regulated in Section 17.3704.4.

7.

Clustered or planned developments located on a single lot in GB, HB and ML Districts shall be permitted one ground (joint identification) sign identifying the name of the development and/or businesses within the development and one wall sign per business. Area of all signs shall not exceed the total allowable signage for the lot.

8.

Sign height shall be measured from street or highway curb elevation to the highest point of the respective sign.

Sec. 17.34.08.

Nonconforming signs.

1.

Any sign legally existing on the effective date of this Section which does not conform to the requirements set forth in this Section shall be considered a nonconforming sign. Nonconforming signs shall comply with the following requirement:

a.

Any sign erected before the passage of this Section shall be not rebuilt, moved to a new location on the affected property, or altered except for the changing of moveable parts of signs which are designed for changes, or the repainting of display matter for maintenance purposes without being brought into compliance with the requirements of this Section, except that existing signs painted directly on an exterior building wall as an off-premise[s] advertising sign, deemed by the Board of Adjustment as having historical or cultural value, may be restored to its original condition by repainting.

Sec. 17.34.09.

Off-premise[s] signs (outdoor advertising).

1.

In addition to the regulations set forth in 17.33.03.D Table 1 and 17.33.04.E Table 2, Off-premise[s] signage shall meet the following standards:

a.

When a sign is to be located along a designated highway where such sign is not adjacent to a front property line, there shall be minimum setback of five feet.

b.

The source light for the purpose of illumination may be indirect or direct and shall not be directed in any way except into the advertising copy.

c.

The exposed uprights or superstructure shall be painted a neutral color.

d.

The area around a ground-mounted off-premise[s] sign shall be appropriately landscaped and regularly maintained.

e.

All ground support structures shall meet appropriate Building Codes.

f.

Off-premise[s] signs located on a roof shall not be permitted.

g.

Wall-mounted off-premise[s] signs shall be on a separate frame, shall not extend beyond 18 inches from the wall surface, and shall not exceed one-quarter of the square footage of the wall it occupies or 300 square feet, whichever is lesser.

Sec. 17.34.10.

Temporary signs. Temporary use of portable or moveable signs shall be allowed in excess of and in addition to the sign limitations of this Section. The following provisions shall apply:

1.

Such signs may be located on a property for continuous periods not to exceed 30 days.

2.

No property shall be allowed more than four such periods in any 12-month period.

3.

Such signs shall comply with setback provisions for ground signs in each zoning district.

4.

Such signs shall only be permitted in commercial, office-residential, and industrial districts.

5.

A permit (no fee) shall be obtained from the Administrative Official for each location and time period for placement of such signs.

Sec. 17.34.11.

Development signs.

1.

In addition to the regulations set forth in 17.33.03.D Table 1 and 17.33.04.E Table 2, permanent signs identifying the name of a development or names of companies within a development shall conform to the following standards:

a.

One ground sign identifying the permanent name of the development or joint identification sign identifying the name of the development and businesses within the development. Such sign shall not exceed 100 square feet of display area.

Sec. 17.34.12.

Electronic message sign.

1.

Electronic message sign displays shall be limited to displays, which are gradual movements, including, but not limited to, dissolve, fade, scrolling, or traveling. However, sudden movement is prohibited, including, but not limited to, blinking and flashing.

2.

Any permitted signs may be, or may include as an individual component of the total sign area, electronic message signs.

3.

Electronic messages or graphic displays may be changed at periodic intervals by gradual entry and exit display modes provided that messages and animation shall be displayed at periodic intervals by various modes, such as fade, dissolve, scrolling, or traveling.

(Ord. No. 1485, 12-7-2009; Ord. No. 1557, 6-30-2014; Ord. No. 1647, § 2, 4-4-2022)

Sec. 17.35.01.

Use of major recreation equipment. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

Sec. 17.35.02.

Off-street parking and loading-general provisions.

1.

Purpose. It is the intent of these Ordinances that all buildings, structures and uses of land shall provide off-street parking and loading space in an amount sufficient to meet the needs caused by the building or use of land and that such parking and loading spaces be so oriented that they are in fact readily usable for such purpose. Because of the pedestrian orientation of the core of the central business district it is intended that parking be provided at the periphery of the core.

2.

Each use of land and each building or structure hereafter constructed or established, and each addition to a structure in excess of 300 square feet, except as herein provided, shall provide off-street parking and loading according to the standards set forth herein. When an addition is made to a building nonconforming as to parking or loading, a conforming amount of parking shall be supplied based upon the size of the addition.

Exception: In the Central Business District it is not desired that each building supply parking space to meet its full demands on or adjacent to its site in that such an arrangement would tend to spread the Downtown Parking Zone over too large an area to make pedestrian communication and interchange convenient.

3.

No addition to an existing building shall be constructed which reduces the number of spaces, area or usability of existing parking or loading space unless such building and its addition, conform with the regulations for parking and loading contained herein. Contractual agreements may be made between uses which generate parking demand at different times in such a manner that the requirements of more than one use may be met by the same space provided the parking demand for each such use involved is in fact met.

4.

All off-street parking and loading spaces, access and aisles shall be paved.

Exception: In the "AG," "RR," "ML," "MH," and "HB" Districts the Board of Adjustment may allow an unpaved, dust-free parking surface where sufficient paved parking and maneuvering surface is provided for required parking spaces.

5.

Uses listed below shall provide parking and loading in the amounts specified and at locations specified for the group in which such use falls. For any use not listed, the Board of Adjustment shall determine the proper requirement by classifying the proposed use among the uses specified herein so as to assure equal treatment. In making any such determination, the Board of Adjustment shall follow the principles set forth in the statement of purpose for the parking and loading provisions.

6.

For the purpose of these Ordinances minimum parking space dimensions and aisle widths shall be regulated in accordance with the following table. Each such space shall, be readily accessible and aisles required for access to any space shall not be counted in meeting the requirements for spaces. Required parking space shall not be provided within a required front yard.

Sec. 17.35.03.

Group A. All uses of land and buildings enumerated under Group A shall provide off-street parking and loading space on the same parcels as such use or building and said parking or loading space shall have convenient and unobstructed pedestrian access across said parcel to a principal entrance to the building or use as hereinafter set forth.

Sec. 17.35.04.

Group B. All uses of land, or buildings enumerated under Group B shall provide off-street parking and loading on the same parcel as such building or use for all customers or patrons frequenting the establishment and said parking or loading space shall have convenient and unobstructed pedestrian access across said zoning lot to a principal entrance to the building or use. That portion of the parking requirement that is attributed to employees may be provided within 330 feet of the use or building as hereinafter set forth.

Sec. 17.35.05.

Group C. All uses of land and buildings enumerated under Group C shall provide off-street loading on the same parcel as such building or use and such loading space shall have convenient and unobstructed access to said building or use. Parking requirements for customers, patrons and employees may be provided within 600 feet of said use or building except as hereinafter set forth.

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

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to private streets approved by the Board of Adjustment, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

Sec. 17.37.01.

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

Sec. 17.37.02.

Setbacks.

1.

None of the following uses may be established, operated or maintained within 1,000 feet of a residence, a church, a school meeting all the requirements of the Compulsory Education Laws of the State of South Dakota, or a public park.

a.

Adult bookstore.

b.

Adult motion picture theater.

c.

Adult photo studio.

d.

Adult Entertainment Facility.

e.

Any use which has as a part of its operation an adult use component, including, but not limited to, a restaurant or eating place, a bar, lounge or tavern.

f.

Any use intended to provide adult amusement or entertainment.

2.

Not more than two of the following uses may be established, operated or maintained within 1,000 feet of each other:

a.

Adult bookstore.

b.

Adult motion picture theater.

c.

Adult photo studio.

d.

Adult entertainment facility.

e.

Any use which has as a part of its operation an adult use component, including, but not limited to, a restaurant or eating place, a bar, lounge or tavern.

f.

Any use intended to provide adult amusement or entertainment.

g.

A bar.

h.

A liquor store.

3.

The 1,000-foot restriction provided for in 17.36.01.2 above may be waived and a conditional use permit issued upon proper application if the Board of Adjustment finds:

a.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these regulations will be observed.

b.

That the proposed use will not enlarge or encourage the development of a 'skid row' area.

c.

That all applicable regulations will be observed.

Sec. 17.37.03.

Required license. It shall be unlawful for any person to engage in the business of operating an adult use in the City of Madison without first having obtained a license from the City Commission.

Sec. 17.37.04.

Application; standards for issuance.

1.

Application for an adult use license shall be made in writing and shall state the following:

a.

The name, address, telephone number and age of the applicant and the registered agent of the applicant if the applicant is a corporation.

b.

The location of the adult use business.

c.

The exact nature of the adult use to be conducted and of the proposed place of business and the facilities related thereto.

d.

A statement by the applicant that he is familiar with the provisions of this article and is in compliance with them.

e.

A statement of whether the business will be conducted by a manager and, if so, the name, address, telephone number, and age of each such manager.

f.

A statement that no manager or principal operating the business has been convicted of any offense of prostitution, soliciting for prostitution, or obscenity or public indecency as defined in the South Dakota Compiled Statutes within the last two years, and that the applicant has not had any license for an adult use in any other community revoked within the last two years.

2.

Within 15 days after receipt of an application for an adult use license, the City Commission shall investigate the information contained in the application and shall determine the following:

a.

That the premises designated by the applicant as the location of the business are in full compliance with all applicable ordinances of the City, including zoning ordinances.

b.

That the premises and each manager and employee comply with the provisions of Section 4.07.04.1 as such provisions apply to them.

c.

That the applicant, each manager and each employee are over 21 years of age.

d.

That no manager or principal operator of the business has been convicted of any offense of prostitution, solicitation for prostitution, or obscenity or public indecency, as defined in the South Dakota Compiled Statutes within the last two years, and that the applicant has not had any license for an adult use revoked within the last two years.

3.

If the investigation shows the compliance of the applicant for an adult use license, the premises upon which the business is to be conducted and each manager and employee, if applicable, with each of the requirements established in subsections (1) and (2) of this section, and with the conditions and regulations set forth in Section 17.36.04 within 15 days after completion of such investigation, the City Commission shall issue a license, and upon payment by the applicant of the license fee required under this article, the license shall be issued.

4.

If the investigation shows that the applicant for an adult use license, the premises on which the business is to be conducted, or the managers and employees, if applicable, do not comply with each of the requirements established in subsection (1) of this section, and with the conditions and regulations set forth in Section 17.36.05 within 15 days after completion of such investigation, the City Commission shall notify the applicant in writing that the license has been denied. Such denial shall be the final administrative action of the City with respect to the license application, and shall be subject to the immediate appeal by the applicant to the circuit court.

Sec. 17.37.05.

Conditions and regulations governing operation; violation; penalty.

1.

The following regulations shall govern and control the business of operating an adult use in the City of Madison:

a.

No person under 21 years of age shall be allowed on the licensed premises.

b.

At all times during the hours of operation there shall be present a manager or other employee of the licensee who shall be not less than 21 years of age.

c.

Upon a change of any manager conducting business for the licensee, the licensee shall, within ten regular business days, give the City Commission written notice of such change by actual delivery or by registered or certified mail. The licensee shall, thereafter, as promptly as practicable, but in any event within five regular business days, provide the information concerning the new manager which is required in Section 17.36.04.

d.

No adult use shall be located on premises for which a license to sell alcoholic liquor has been issued, and no alcoholic liquor shall be permitted on such premises.

e.

No adult use shall be permitted unless the premise[s] on which such business is located complies with the requirements of the zoning ordinance.

f.

No licensee or manager under the provisions of this article shall knowingly permit any person to remain in or upon licensed premises who commits any act of public indecency or obscenity as defined in the South Dakota Compiled Statutes.

g.

No licensee or manager under the provisions of this article shall permit any act of prostitution, solicitation for prostitution or patronization of a prostitute on the licensed premises.

h.

No sign shall be posted on the licensed premises which depicts, displays or refers to specified anatomical areas or specified sexual activities, as defined in this article.

2.

In addition to the requirements established in Section 17.36.05.1, the following regulations shall govern and control the operation of an adult bookstore which offers any films or videotapes for viewing on premises by use of motion picture devices or other such operations means:

a.

All viewing areas, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.

b.

There shall be no aperture whatsoever in any wall or partition between viewing areas.

c.

Each viewing area shall be lighted at a minimum level of ten-foot candles in all parts thereof.

3.

In addition to the requirements established in [Subsection] Section (1) of this section, the following regulations shall govern and control the operation of an adult entertainment facility:

a.

All performers shall be at least 21 years of age.

b.

All performances, exhibitions or displays shall take place on a platform raised at least two feet from the level of the floor, and located at least ten feet from any patron.

c.

No performer shall fondle or caress any patron or other performer and no patron shall fondle or caress any performer.

d.

No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.

4.

It shall be unlawful for any person licensed to engage in the business of operating an adult use within the City to fail to comply with the conditions and regulations set forth in subsections 17.36.04 and 17.36.05 of this section as they are applicable to the licensed business, or to suffer or permit non-compliance with such conditions and regulations on or within the licensed premises. In this regard, any act or omission of an employee shall be deemed the act or omission of the owner if such act or omission occurred either with the authorization, knowledge or approval of the owner or as a result of the owner's negligent failure to supervise the employee's conduct. All conduct occurring while on the premises shall be presumed to be the responsibility of the owner.

5.

Any person convicted of a violation of this section shall be subject to a fine pursuant to Section 17.01.02 of this Ordinance.

Sec. 17.37.06.

Suspension or revocation. Nothing in the terms of this article shall preclude the right of the City Commission to suspend or revoke the license of the licensee, as follows:

1.

The City Commission may temporarily suspend any license issued under the terms of this article when he has reason to believe that the continued operation of a particular licensed premises will immediately threaten the welfare of the community or create an imminent danger of violation of applicable law. In such case, he may, upon the issuance of a written order stating the reason for such determination, and without notice or hearing, order the licensed premises closed for not more than seven days; provided, that the licensee shall be given an opportunity to be heard in a public hearing during the seven-day period, and further provided that if such licensee shall also be engaged in the conduct of other business on the licensed premises, such order shall not be applicable to such other businesses.

2.

The City Commission may suspend or revoke any license issued under the terms of this article upon ten days' notice to the licensee of the time and place of a public hearing, and a public hearing at which the licensee may appear and present evidence, if the City Commission determines upon such hearing that the licensee has failed or refused to comply with the terms of this article, has failed or refused to comply with other law applicable to the business of operating an adult use, has knowingly permitted the failure of any manager or employee on the premises to comply with the terms of this article or with other law applicable to the business of operating an adult use, has knowingly furnished false or misleading information on any application required for any license under this section or has suffered or caused another to furnish or withhold such information on his behalf, or has been convicted by a court of competent jurisdiction of a violation of any provision of this section.

Sec. 17.37.07.

Cannabis establishments.

1.

Maximum Number of Cannabis Establishments.

a.

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

b.

The City of Madison shall allow two Cannabis Dispensaries, two Cannabis Testing Facilities, two Cannabis Cultivation Facilities, and two Cannabis Product Manufacturing Facilities provided the time, place, and manner of said establishment comply with this ordinance.

c.

No other cannabis establishments are permitted by the City of Madison unless mandated by statute, and then, in which case, the same zoning regulations set forth in this Ordinance No. 1643 shall apply to such cannabis establishment.

2.

Required Separation Distances.

a.

A cannabis establishment shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis dispensary application;

b.

A cannabis establishment shall be located not less than 500 feet from any residence or public park existing before the date of the cannabis establishment application;

c.

Exemption from separation requirements. Any separation distance requirement, other than the State requirement from schools (1,000 feet), may be waived, provided:

i.

The applicant provides documentation waiving the setback requirement from the title holder of the land benefiting from the separation.

d.

Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the cannabis establishment is proposed.

3.

Other Locational Requirements.

a.

Permanent or temporary cannabis establishments are prohibited in all other zoning districts and not eligible for a home occupation use.

b.

It shall be unlawful to operate a cannabis establishment in a building which contains a residence or a mixed-use building with commercial and residential uses.

4.

Controlled Access. No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol, tobacco, or firearms, or, if allowed by law, other cannabis establishment.

5.

Hours of operation.

a.

Cannabis dispensaries are allowed to be open between the hours of 9:00 a.m. and 7:00 p.m.

6.

Documentation of State Licensure.

a.

No cannabis establishment shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, paraphernalia without providing documentation of licensure from the State of South Dakota.

7.

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

a.

Submission of a site plan containing the following:

i.

Any information required for applicable building permit;

ii.

Ingress and egress plan;

iii.

Parking plan;

iv.

Lighting plan (including security lighting);

v.

Screening/security fencing plan;

vi.

Refuse plan;

vii.

Hours of Operation;

viii.

Any other information as lawfully may be required by the Zoning official to determine compliance with this ordinance.

b.

Documentation of ability to meet setback/separation requirements.

c.

Documentation of State Licensure.

8.

All Cannabis Establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.

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

Any building, structure or use hereafter erected, altered or established shall comply with the yard space requirements of the zone in which it is located except as specified below. The required yard space for any building, structure, or use shall be contained on the same parcel as the building, structure or use and such required yard space shall fall entirely upon land in a zone or zones, which the principal use is permitted. Any required yard space shall be open from 30 inches above the ground to the sky except as specified herein.

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

Sec. 17.38.01.

Yards, reduction in size. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein, except to provide for the extension, establishment, or widening of a public street or highway. Yards and lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

Sec. 17.38.02.

Additional yard requirements. The following yard requirements must be observed in addition to the yard requirements of the various districts:

1.

Except in the "A" and "CB" Districts, a corner lot must have a front yard on both streets, provided however, that the buildable width of such lot shall not be reduced to less than 38 feet. In no instance shall the yard on the side street of a corner lot be reduced to less than 15 feet.

2.

On through lots and reversed frontage lots, a front yard must be provided on both streets.

3.

Required front yards shall be devoted entirely to landscaped area except for the necessary paving or driveways and sidewalks to reach parking or loading areas in the side or rear yard.

Sec. 17.38.03.

Exceptions to yard requirements. The following exceptions may be made to the yard requirements:

1.

Air conditioning units, sills, chimneys, cornices, and ornamental features may project into a required yard a distance not to exceed 24 inches.

2.

Open, uncovered decks, porches or landings no higher than the first floor above grade on the side of the building to which they are appurtenant and in no event higher than 30 inches above grade of the lot on the side of the building where such deck, porch or landing is located, may extend into any required yard. No railing or other barrier higher than 42 inches shall be placed around such porch or terrace and no such barrier which interferes appreciably with the passage of light or air shall be within five feet of any property line, except as otherwise provided in this Ordinance. Any such deck, porch or landing when located on a lot at the intersection of two streets or a street and an alley shall not interfere with the Clear View Triangle.

3.

Canopies and overhangs on any side of a business building may extend four feet into a required yard space. Signs mounted on the face of any such canopy or overhang shall not exceed eight inches in height in any zone in which flat wall signs are specified. Canopies and awnings on a residential building may extend four feet into any required side yard or seven feet into any required front or rear yard when they are attached to and supported entirely by or from a wall of the building.

4.

Automobile storage garages may be allowed within a required front or side yard when such garage will be entirely below the grade of the lot and after a finding by the Board of Adjustment that topographic conditions make such a location necessary, that such orientation will not create a hazard to automobile or pedestrian traffic in the street, and that such orientation will be in harmony with the character of development of the neighborhood.

5.

Filling station pumps and pump islands may occupy required yards; provided, however, that they are not less than 15 feet from all lot lines.

6.

Eaves, cornices and similar features may extend four inches into a required yard space except that eaves may encroach one foot into a yard space when such yard space is greater than two feet and eight inches and less than eight feet in width and except that eaves may encroach three feet into a yard space when such yard space is ten feet or more in width.

In any district except the "MU-E" Overlay District, only one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements are met.

1.

Appurtenances. Except when they would violate the height restrictions of an aircraft approach and turning zone the height limitations contained in Article II Schedule of District Regulations do not apply to the following appurtenances provided they are normally required for a use permitted in the zone in which they are erected or constructed: flagpoles, chimneys, cooling towers, elevator bulkheads, belfries, penthouses for other than living purposes, grain elevators, stacks, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and other necessary mechanical appurtenances and their protective housing; provided, however, that any of the above except flagpoles and chimneys when located in any zone with a height limit of 40 feet or less, shall be allowed only upon finding of the Board of Adjustment that such appurtenances will not be unduly detrimental to the surrounding property.

2.

Electronic Towers. Radio, television, microwave and other electronic transmission or receiving towers in excess of height limits may be allowed in any zone as a conditional use upon a finding by the Board of Adjustment that topographic or other physical consideration make it necessary that they be located outside a zone where they are permitted as a matter of right and that the proposed tower or towers will not be unduly detrimental to surrounding property. Exceptions to height restrictions shall not be granted in cases where they would violate height restrictions of an aircraft approach and turning zone.

3.

Public and Semi-Public Buildings. Public and semipublic buildings and structures such as hospitals, churches, sanitariums, schools and water reservoir towers may exceed the height limits of the zone in which they are located, provided that such buildings and structures shall provide at least one additional foot of yard space on each side for each additional foot that such building or structure exceeds the specified height limit of the zone in which it is located and further provided that a finding is made by the Board of Adjustment that such additional height will not be materially detrimental to surrounding property.

With the exception of those located in the "RR" Rural Residential District greater than 200 feet from a main sewer line, all existing septic tanks shall be considered nonconforming Uses. Any new construction or substantial improvement must be connected to the City's sewer system.

1.

Modular homes shall meet the following regulations:

a.

Modular homes shall meet or exceed International Building Code 2006.

b.

Modular homes will include off-site constructed homes, which may be transported to the site in one or more sections.

c.

Modular homes shall have more than 1,000 square feet in ranch style and 850 square feet split and be placed on a permanent foundation. Minimum width shall be 24 feet. The foundation shall be to a depth below the frost line.

d.

Modular homes shall have a minimum of a 4/12 roof pitch.

e.

Modular homes shall have vinyl or wood lap siding material of a type customarily used on site-constructed residences.

f.

Modular homes shall have roofing material of a type customarily used on site-constructed residences.

2.

For the purpose of this Ordinance, manufactured homes and mobile homes will be regulated by type. Three types of homes are defined under these regulations.

a.

Type I manufactured home shall:

i.

Have more than 1,100 square feet of occupied space in a double-section or larger multi-section unit.

ii.

The age of the manufactured house may not exceed five years from the date of manufacture.

iii.

Be placed on a permanent foundation. The foundation shall be:

a.

To a depth below the frost line, and

b.

Either (a) an approved wood basement constructed of two x six framework and treated with water resistant materials; or (b) constructed with eight inches poured concrete or concrete block, the footing to be a minimum of eight inches thick by 16 inches wide poured concrete with top of footing to be six inches below grade.

iv.

Shall utilize an approved permanent perimeter enclosure in accordance with approved installation standards, as specified in subsection (3). Type I homes located in a RM District may be, enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in subsection (3).

v.

In the RM District, be anchored to the ground, in accordance with manufacturer's specifications, or as prescribed by the ANSI/NFPA 501A Standards.

vi.

Have a gabled roof with a pitch of at least 2/12 feet.

vii.

Have vinyl or wood lap siding material of a type customarily used on site-constructed residences.

viii.

Have roofing material of a type customarily used on site-constructed residences.

b.

Type II manufactured home shall:

i.

Have more than 700 square feet of occupied space in a single, double, expando or multi-section unit.

ii.

Be enclosed with foundation siding/skirting, in accordance with approved installations standards as specified in subsection (3).

iii.

Be anchored to the ground, in accordance with manufacturer's specifications, as prescribed by the TR-75, issued June 1972 by the U.S. Department of Defense, or as prescribed by the ANSI/NFPA 501A Standards.

iv.

The age of the manufactured house may not exceed 15 years from the date of manufacture.

v.

Be placed onto a support system, in accordance with approved installation standards, as specified in subsection (3).

vi.

Have a gabled roof with a pitch of at least 2/12 feet.

vii.

Have siding material of a type customarily used on site-constructed residences.

viii.

Have roofing material of a type customarily used on site-constructed residences.

c.

Type III mobile home shall:

i.

Have more than 320 square feet of occupied space.

ii.

Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in subsection (3).

iii.

Be anchored to the ground in accordance with manufacturer's specifications, as prescribed by the TR-75, issued June 1972 by the U.S. Department of Defense, or as prescribed by the ANSI/NFPA 50 IA Standards.

iv.

Be placed onto a support system in accordance with approved installation standards, as specified in subsection (iii).

3.

Installation Standards.

a.

Permanent Perimeter Enclosure as Required for Type I, II and III Manufactured Homes: Those manufactured homes designated in this Ordinance as requiring permanent perimeter enclosure must have footings and crawl space or basement walls. The space between the floor joints of the home shall be completely enclosed with the permanent perimeter enclosure (except for required openings). All manufactured homes be installed on a "properly engineered" foundation system that meets the manufacturer's installation requirements, defined as a foundation system that provides adequate support of the home's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the home to be undisturbed ground (below the frost line).

b.

Foundation Siding/ Skirting—All manufactured or mobile homes without a permanent perimeter enclosure shall have an approved foundation siding/ skirting enclosing the entire perimeter of the home.

c.

Support System.

i.

All HUD-Code manufactured homes of the Type I classification shall be installed with load bearing foundations in conformance with the manufacturer's installation specifications.

ii.

Type II and III manufactured homes and all mobile homes not placed on a permanent foundation shall be installed on a support system in conformance with the manufacturer's installation specifications or with the support systems regulations in the ANSI/NFPA 501A 1977 installation standards.

4.

Nonconforming Homes. A manufactured or mobile home placed and maintained on a tract of land and deemed to be a legal nonconforming use prior to the adoption of this Ordinance, shall continue to be a legal nonconforming use. If the nonconforming use is discontinued, the land thereafter must be used in conformity with all provisions of this Ordinance.

5.

Structural Alteration. Due to its integral design, a building permit shall be required prior to any structural alteration or modification of a manufactured home after it is placed on the site must be approved by the Administrative Official.

6.

Variance from Maximum Age Requirement. Type I and Type II manufactured homes may receive a variance from the maximum age requirement (Sections 17.311.2.a.ii and 17.311.2.b.iv). The Board of Adjustment may grant a variance if the applicant requesting the placement of the manufactured home meets the following requirements:

a.

The applicant shall provide a photograph of the manufactured home's exterior and interior.

b.

That it shall have been shown to the satisfaction of the Board of Adjustment that the said manufactured home complies with the gas, plumbing, electrical and construction requirements of the City of Madison.

Regulations regarding mobile homes/manufactured housing shall meet the following minimum standards:

1.

Streets. Each manufactured housing lot shall abut or face a public or private roadway or street, such roadway or street having an all-weather surface of at least 34 feet in width where parking is permitted on both sides, and 28 feet in width where parking is restricted to one side only. Where private streets are proposed, they shall have a minimum right-of-way of 40 feet.

2.

Open Space or Buffer Zone. The manufactured housing park shall be surrounded by a landscaped open space 50 feet wide along the street frontage of a major street and 25 feet wide around the perimeter of the park, except where walks and drives penetrate the buffer.

3.

Lot Area. Each lot provided for the occupancy of a single manufactured housing unit shall have an area which conforms to the Area Regulations of the "RM" District as described in Section 17.19.05. Each lot shall be defined by markers at each corner.

4.

Density. No park shall be permitted an average net density of manufactured housing lots of more than six per acre and each park shall provide an area of not less than five acres.

5.

Spacing and Yard Requirements. All manufactured housing units will be positioned on the mobile home space in compliance with the requirements of the conditional use permit provisions granted by the City Commission and in accordance with the zoning requirements at the time of establishment of the manufactured housing park.

6.

[Manufactured Housing Parks.] Manufactured housing parks established after December 1, 1995, will comply with the spacing requirements of the conditional use permit in accordance with the following:

a.

Front Yard. Front yards shall be regulated in accordance with the Front Yard Requirements of the "RM" District as described in Section 17.19.05. The distance will be measured from the wall of the structure to the street or roadway at the closest point.

b.

Side and Rear Yards. Side and rear yards shall be regulated in accordance with the Side Yard and Rear Yard Requirements of the "RM" District as described in Section 17.19.05. The distance will be measured at the closest point.

c.

Exceptions.

i.

A garage, canopy, or carport may project into a required side or rear yard provided it is located no closer than ten feet to another mobile home, garage, canopy, carport, or addition thereto, and provided further that the maximum depth be 24 feet.

ii.

A deck may project into a required side or rear yard provided it is located no closer than four feet to another structure.

iii.

An enclosed vestibule containing not more than 40 square feet in area may project into a required yard for a distance not to exceed four feet, but in no event closer than ten feet to another mobile home, garage, canopy, carport, or addition thereto.

iv.

Detached accessory buildings with a projected room area of not more than 120 square feet may project into a required side or rear yard provided it is located no closer than four feet to another structure or right-of-way.

d.

Maximum Lot Coverage. No manufactured home shall occupy more than 25 percent of the area of the lot on which it is situated.

7.

Parking. Two off-street automobile parking spaces shall be provided for each manufactured home. Such off-street parking spaces shall be set aside in a location convenient to the occupants of the trailer or camping units and shall have ingress and egress by means of a public way. Where parking areas are provided adjacent to a public street, ingress and egress thereto shall be made accessible only through driveways or openings not exceeding 25 feet in width in the curb line of said street.

8.

Park/Recreation Area. An area for a park/recreation facility shall be provided. One lot shall be the minimum space required. The Planning Commission shall choose the location and may further require additional space contingent upon the size of the manufactured housing park. This requirement may be waived by the Planning Commission.

9.

Storm Shelter. A minimum of seven square feet per unit of storm shelter area shall be provided. A shelter shall be constructed in conjunction with the initial development of a manufactured home park. This requirement may be waived by the Planning Commission in lieu of an approved emergency shelter plan.

10.

On-Site Management. Each manufactured home park shall provide on-site management by the owner or his representative at all times to supervise the management, repairs, maintenance and janitorial work connected therewith and to see that all provisions of this Chapter are complied with.

11.

Refuse Collection. One refuse collection station shall be provided, with a minimum of one two-yard dumpster situated on a concrete, screened on four sides, for each 12 families or fractions thereof, conveniently located to serve tenants not more than 150 feet from any trailer unit served, and to be conveniently located for collection.

12.

Water Supply and Distribution System and Sewage Disposal. Each manufactured home shall be connected to the City sewer and water system.

13.

Tie-Down Requirements. All manufactured homes, regardless of location, unless such manufactured homes are securely anchored to a permanent foundation approved by the Administrative Official, shall be anchored to the ground, in accordance with the manufacturer's specifications or as prescribed by the TR-75, issued June 1972, by the U.S. Department of Defense.

14.

Maximum Age Limitation. No manufactured home placed within a manufactured home park within the City limits of Madison may exceed 15 years from the date of manufacture.

15.

Expansion. Established and existing mobile home/manufactured housing parks may be extended to a total area of less than five acres provided the area of expansion complies with all other regulations herein set forth and provided that a conditional use permit has been obtained for such expansion.

16.

Building/Moved-in Building Permit Required. Whenever a manufactured home is moved into a manufactured home park, a permit from the Administrative Official shall be required.

17.

Skirting. All manufactured homes, regardless of location, unless such manufactured homes are securely anchored to a permanent foundation to be approved by the Administrative Official, shall be skirted within 30 days of placement.

Sec. 17.313.01.

Application procedure.

1.

Each application for a Manufactured Home Park shall be accompanied by a development plan incorporating the regulations established herein. The plan shall be drawn to scale and indicate the following:

a.

Location and topography of the proposed manufactured home park, including adjacent property owners and proximity to Federal, State highways and to County, Township, or City roads and streets.

b.

Property lines and square footage of the proposed park.

c.

Location and dimensions of all easements and rights-of-way.

d.

Proposed general lay-out, including parking and recreation areas.

e.

General street and pedestrian walkway plan.

f.

General utility, water, and sewer plan.

2.

Upon approval of the application, the plan becomes part of the permanent record and it shall serve as the basis for the final site plan submission.

Sec. 17.313.02.

Manufactured housing subdivisions. Nothing in this Ordinance shall be construed to prohibit subdividing an approved manufactured housing park development into individual owner occupied lots. However, any such development shall be required to meet the subdivision regulations of the City of Madison.

No building or addition thereto shall be erected over or across any existing public utility or upon any platted or recorded easement.

It shall be unlawful to move any house or other building greater than 120 square feet onto any lot or to any new location within the City unless and until a building permit has been obtained from the Administrative Official. No permit shall be issued until the following requirements are met:

1.

The fee for said permit shall have been paid.

2.

That it shall have been shown to the satisfaction of the Administrative Official that said house or other building complies with the gas, plumbing, electrical and construction requirements of the City of Madison.

3.

That the work is to completed within 12 months after the permit has been issued by the Administrative Official.

4.

If a permit to move a building from a lot is granted, the applicant shall agree to restore the lot to a buildable condition. This may include but is not limited to concrete basement removal, collapsing of the basement walls, earthwork, landscaping and/or reseeding.

5.

The applicant may be required to file with the Finance Officer a sufficient bond conditioned so that the applicant will indemnify the City and any public utility for any damage done to any property, street, alley or public grounds and to insure that any site reclamation work is completed. No building shall be moved other than during the period from daylight to sundown.

6.

If a building or structure is to be moved onto any lot within the City, the Administrative Official shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this chapter.

7.

Any building which is not newly constructed shall also meet the following minimum requirements to obtain a permit:

a.

That a bond shall be furnished with sufficient sureties to be approved by the Administrative Official to the City of Madison to guarantee that the building will be placed on an adequate foundation, will be attached to the City electrical, water and sewer service where available, and that the property on which said building is to be located will be properly landscaped and seeded in accordance with the requirements of the Administrative Official, said bond to be in a minimum amount of $1,000,00. In the event that said moved in building does not comply with City standards within 12 months, forfeiture of the bond amount will result.

b.

A conditional use permit has been approved (where required) by the Board of Adjustment.

1.

The stabling, pasturing, raising of livestock on agriculturally zoned parcels shall require a conditional use permit.

2.

The definition of a feedlot does not apply to the stabling, pasturing, raising of livestock for which a conditional use permit has been granted.

3.

The following performance standards shall apply to the uses indicated. They shall be supplemental to and in addition to other provisions applying to the property.

4.

Corrals and winter quarters, but excluding feedlots, in which animals are kept at a density of over ten head per acre or where feed bunkers or water are placed so that animals naturally tend to bunch-up shall not be closer than 300 feet from any lot line adjoining properties which are used for residential, commercial or light manufacturing purposes.

5.

Such winter quarters, or corrals, shall maintain drainage so as to avoid excessive concentration of contaminated water and such drainage shall be so arranged that contaminated water does not drain to water courses in such a manner that it reaches neighboring properties at a concentration noticeable to normal senses.

6.

Manure in winter quarters or corrals shall not be allowed to accumulate to objectionable proportions and each feeding pen shall be scraped at least once a month, weather permitting.

7.

Adequate fly spray shall be applied to all of the feeding area during fly season and oftener if necessary to control the fly population.

8.

All dead animals shall be removed within 24 hours.

9.

Feed shall be limited to fresh materials and shall not include sour silage, sugar beet pulp, paunch manure, garbage, or other materials which may have a tendency to create objectionable odors.

10.

Kennels containing more than three dogs over six months of age, and poultry houses shall be placed no closer than 200 feet from the lot line when adjoining property is used for residential, motel, hotel or cabin resort purposes.

Sec. 17.317.01.

Purpose.

1.

It is the desire of the City of Madison to encourage development that enhances the environmental and aesthetic conditions that contribute to the quality of life we have in Madison. To achieve this, a minimum standard of a landscaped setback and landscape features are prescribed to lessen the adverse effect common to commercial property.

2.

This Ordinance is to apply to all HB, GB, NB, ML, and MH zoned property.

3.

No provisions of this Ordinance shall apply retroactively, and the Ordinance shall not apply to any building permit issued prior to the effective date hereof.

Sec. 17.317.02.

Definitions.

Tree. A tree which is required by this Ordinance and meets or exceeds the following minimum specifications according to tree type.

Deciduous ornamental tree. A minimum of one inch caliper measured at a point six inches above immediate ground level and normally growing to a height less than 30 feet at maturity.

Deciduous shade tree. A minimum of one and one-quarter inch caliper measured at a point six inches above immediate ground level and normally capable of reaching a mature height of 30 feet.

Evergreen or coniferous tree. A minimum height of four feet measured above immediate ground level.

Sec. 17.317.03.

Landscape plan required. In every case where landscaping is required, the applicant for a building permit shall submit a landscape plan prepared in accordance with the provisions of this section. The landscape plan shall include the following:

1.

Name and address of developer/owner.

2.

Site Map. One scale drawing of site based upon survey of property lines showing streets, easements, existing and proposed buildings, and existing and proposed parking.

3.

Landscape Proposal. Two scale drawings of proposed landscaping showing details of planting beds, foundation plantings, sodded and seeded areas, screening, location and identification of trees, and location of landscape islands with identification of plant material used.

4.

Planting Schedule. A table containing common and botanical names, size, root specifications, and planting dates.

Sec. 17.317.04.

Regulations and standards.

1.

Artificial Plantings. Artificial plantings are not acceptable under this Ordinance.

2.

Required Landscaping of Front Yard Setbacks. A minimum width of 10 feet of the required front yard setback shall be maintained in living ground cover excluding necessary hard surfacing of driveways to reach allowable parking areas.

3.

Trees. Valuing the benefits provided from the use of trees in reducing heat and pollution, the following standards regarding trees shall be met and maintained.

a.

Total number of trees required; one tree per 50 feet of frontage or one tree per 6 parking, loading and stacking spaces provided on site, whichever is greater.

b.

Placement according to type and percentage allowed: Deciduous shade tree - may be utilized for 100 percent of total tree requirement and is the only tree to be utilized for interior trees or optional right-of-way planting. No more than 25 percent of the total tree requirement may be planted in the right-of-way boulevard area, if approval is given. Deciduous ornamental and evergreen or coniferous trees - Up to 25 percent of the required trees may be deciduous ornamental, evergreen or coniferous trees; however, they shall not be planted in a driveway or intersection nor utilized for parking lot interior trees or right-of-way plantings.

c.

Interior tree requirements for parking areas exceeding 50 spaces: One tree per 25 interior parking spaces, equally spaced, in planting islands within hard surfaced area. Islands to be minimum of 5 feet wide and contain a minimum of 35 square feet per tree with raised curbs or wheelstops.

d.

Existing trees: The City encourages preservation of existing trees on site that meet the minimum size requirement and are properly located to satisfy the standards of this Ordinance.

4.

Parking Lot Buffer Areas. A setback area of at least five feet shall be provided between the parking surface and property line where parking lot abuts neighboring residentially used property. Exception: Where a screen fence or wall is provided, the required setback may be reduced to two feet.

5.

Parking Lot Screening.

A fence, wall, berm or shrubbery four feet in height and of a character necessary for adequate screening of a parking lot from adjacent residentially used property shall be provided. Where the residentially used property is across the right-of-way from a parking area, screening right-of-way is an arterial street.

Berms or other landscaping techniques may be used for all or part of the screening requirement and may be incorporated into a required set-back area. Berms shall have a maximum grade of three feet horizontal to one foot vertical and shall be sodded or planted with other acceptable living ground cover.

6.

Screening Dumpsters. All outside dumpsters or other garbage receptacles on the site shall be screened by an opaque fence or wall.

7.

Installation Requirements. Trees shall be located no closer than three feet to any curb or hard-surfaced area, and all landscape materials required by this section shall be installed in accordance with accepted industry standards. Minimum planting sizes of hedges and ground cover evergreens to meet the requirements of this Ordinance are as follows:

a.

Hedges. If hedges are utilized for the required screening of the parking lot, plantings shall be a minimum of 18 inches above ground height and of a species that is normally capable or reaching a height of four feet within three years. Spacing shall be 18 to 36 inches apart, depending upon species, as the hedge must also be capable of providing a substantially full expanse of foliage within this three-year period.

b.

Ground cover evergreens. If ground cover evergreens are utilized in areas required to be maintained in living ground cover, plantings shall cover a minimum area of 12 inches in diameter and spaced no more than four feet on center.

8.

Maintenance. The use of in-ground sprinkler systems is encouraged, and at a minimum, water services shall be conveniently located to provide a permanent and easily accessible means of watering. Property owners shall be ultimately responsible for the proper maintenance of all required landscape materials and any dead or substantially damaged landscape materials shall be replaced.

9.

Right-of-way Landscaping.

The unpaved portion of a dedicated public right-of-way abutting any development shall be landscaped with grass, or other living ground cover approved by the City. Nonliving ground cover, including, but not limited to, rock, stone, brick, concrete, blacktop, or other like materials shall not be used as landscape material except as provided herein.

The Administrative Official or Superintendent of Parks & Recreation may authorize the use of nonliving ground cover for landscaping a public right-of-way when it is determined that a location will not allow for adequate maintenance of sod or other living ground cover. This exception shall not include the use of loose rock or blacktop as landscaping material.

10.

Parking Lot Lighting. In order to minimize the negative impact of parking lot lighting on adjacent properties, the City requires the use of "shoe box" style lighting fixtures adjacent to any residential districts.

11.

Enforcement. The Administrative Official shall be responsible for the enforcement of the regulations set forth within this section.

In all districts, trees that have foliage hanging over sidewalks or street right-of-way shall be trimmed to clear such sidewalk or street right-of-way by eight feet, and no shrubbery, hedges, or coniferous trees shall be planted, or objects be permitted in the street right-of-way, and if such plantings or objects are within the street right-of-way, the City of Madison shall not be held liable for removal or damage when such street right-of-way shall be used for lawful street right-of-way purposes.

Sec. 17.319.01.

Purpose. The purpose of this ordinance is to insure that the placement, construction and modification of a Wind Energy Conversion System (WECS) facility is consistent with the City's land use policies, minimize the impact of WECS facilities, to establish a fair and efficient process for review and approval of applications, to assure a comprehensive review of environmental impacts of such facilities, and to protect the health, safety and welfare of the City's citizens.

Sec. 17.319.02.

Federal and state requirements. All WECS facilities shall meet or exceed standards and regulations of the Federal Aviation Administration and South Dakota State Statutes and any other agency of federal or state government with the authority to regulate WECS facilities.

Sec. 17.319.03.

Requirements for small wind energy conversion systems (SWECS) and vertical axis wind turbines (VAWT).

1.

General. Small Wind energy conversion systems (SWECS) and Vertical axis wind turbines (VAWT) shall be allowed as accessory structures as conditional uses in certain zoning districts. In addition to the standards set forth in Section 17.24.02 regarding all conditional use permits, all SWECS and VAWTs shall also meet all requirements of Section 17.319 herein.

2.

Required Setbacks. The minimum setback distance between each SWECS and all surrounding property lines, overhead utility or transmission lines, electrical substations, public roads and structures intended for human occupation shall be equal to no less than 1.1 times the system height.

The minimum setback distance between each VAWT and all surrounding property lines, overhead utility or transmission lines, electrical substations, public roads and structures intended for human occupation shall be one times the height of the vertical axis wind turbine as measured from the ground or rooftop if mounted on a rooftop.

Exception: The Board of Adjustment may allow setback/separation distances to be less than the established distances identified above, if the affected parties agree to a lesser setback/separation distance. If approved, such agreement is to be recorded and filed with the Register of Deeds.

3.

Tower Height. In no event shall the height of a SWECS exceed 90 feet as measured from the ground to the rotor hub. Further, there shall be no less than 30 feet between the lowest arc of the rotors of a wind energy conversion system and the ground, any portion of a structure.

In no event shall the height of a VAWT exceed 60 feet as measured from the ground to the top of the unit. Further, there shall be no less than 30 feet between the VAWT and the ground.

4.

Rotor size/operation. The maximum size of the rotors of a SWECS or VAWT shall be reviewed upon application for a conditional use. In determining the appropriate size for the rotors, the city shall consider such factors as noise, proximity to surrounding residences, safety and aesthetic issues. All SWECSs and VAWTs shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.

5.

Noise. No SWECS or VAWT shall produce more than 60 decibels of sound measured at the closest point on the closest property line from the base of the system. Information from the manufacturer of the wind energy conversion system shall be submitted at the time of the submittal of the conditional use, ensuring that this requirement can be met once the system is operational. The owner may be required to submit independent noise studies to verify that the noise standard is met during actual operations. The level, however, may be exceeded during short-term events such as wind storms.

6.

Tower design. The tower and turbine shall be a neutral color and shall have a non-reflective finish. In reviewing the conditional use for a SWECS or VAWT, the city shall consider the design and color of the tower to ensure that no significant adverse impacts are occurring to neighboring property owners, including, but not limited to, infringement into natural and urban viewsheds, historic property, major community entryways, parks, schools, churches, playgrounds, or similar public and recreational uses.

7.

Lighting. A SWECS or VAWT shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Dual mode lighting shall be requested from the FAA. Flashing beacon lighting, unless required by FAA, shall not be utilized. These prohibitions do not apply to necessary ground safety lighting.

8.

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a SWECS or VAWT visible from any public road shall be prohibited. Size of the sign shall be consistent with Section 17.34.

9.

Tower Access. Appropriate safety measures must be undertaken to discourage unauthorized climbing of a SWECS or VAWT tower. Appropriate measures shall include either:

a.

All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access;

b.

The construction of a six-foot tall chain link fence, with approved fencing materials to be approved by the Board of Adjustment, with locking gate around the tower; and/or

c.

The tower shall be constructed so that the lowest climbing access shall be at least 12 feet above the ground; or

d.

A locked anti-climb device shall be installed on the tower.

10.

Construction Standards. Any wind energy conversion system shall be constructed in accordance with all applicable life, safety, electrical, building and fire codes, including, but not limited to, the following:

a.

An applicant for a building permit for a SWECS shall submit pre-construction plans and specifications stamped by a registered engineer and may also be required by the Administrative Official to submit a post-construction inspection stamped by a registered engineer. An applicant for a building permit for a VAWT shall submit pre-construction plans and specifications which may be required by Administrative Official to be stamped by a registered engineer and may also be required by the Administrative Official to submit a post-construction inspection stamped by a registered engineer. Post-construction inspections stamped by a registered engineer shall be provided consistent with the guidelines provided for in South Dakota Codified Law 36-18A-46.

b.

Lightning Protection. Any SWECS or VAWT shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters and deep earth grounding.

11.

Warning information. Information related to the maximum power output, nominal voltage and maximum current, and emergency shut-down procedures for the SWECS or VAWT shall be posted near the base of the tower in a visible location.

12.

Commercial sale of power prohibited. Any SWECS or VAWT shall not be used for generating power for sale commercially to those other than the owner of the SWECS or VAWT. Any interconnection to City electrical system and related details required to be addressed thereby shall be approved by the City Commission separately from the requirements in this ordinance.

13.

Additional regulation standards. Any SWECS or VAWT shall be constructed and operated in accordance with all local, state, and federal regulations including regulations issued by the Public Utilities Commission and the Federal Aviation Administration.

14.

Electromagnetic interference. No SWECS or VAWT shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television or microwave towers. At the time of application for the conditional use, the applicant must submit information from the manufacturer indicating that, once operational, the SWECS or VAWT will not adversely affect the transmissions. If necessary, generators and alternators shall be filtered, shielded, or both so as to prevent the disruption of telecommunications signals.

15.

Maintenance. Any SWECS or VAWT shall be maintained in accordance with specifications established by the manufacturer of the SWECS or VAWT. On or before January 1 of each year the person operating the SWECS or VAWT shall submit a log of maintenance performed on the SWECS or VAWT for the preceding year. Failure to submit this log may result in the revocation of the conditional use permit by the Board of Adjustment to operate a SWECS or VAWT.

16.

Abandonment/removal.

a.

Any wind energy conversion system which has not been used for a period of six months or more shall be declared abandoned. The City may issue a Notice of Abandonment to the owner of a SWECS that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date. Upon determination of abandonment of the system, the city shall revoke the conditional use and the system shall be removed at the expense of the property owner. The city shall determine that a wind energy conversion system has not been used if any of the following criteria apply:

i.

The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced a minimum of 25 percent of the expected typical energy output as stated in the system specifications over the past six months. For the purposes of this paragraph, the expected typical energy output is defined as the number of kilo-Watt-hours (kWh) of energy that the system is reasonably expected to produce in a given time period based on the typical wind attributes present at the installation location and assuming that the system is fully operational during the given time period; or

ii.

The wind energy conversion system has fallen into obvious disrepair as determined by the Board of Adjustment or has been condemned by the City of Madison; or

iii.

The conditional use permit is revoked consistent with the provisions of 17.319.03.15; or

iv.

The wind energy conversion system has become violative of some other local, state or federal law and the owner of the system has not taken appropriate actions to remedy the problem.

b.

If the SWECS is determined to be abandoned, and the owner has not responded to the notice of abandonment as prescribed above, the SWECS shall be removed at the Owner's sole expense within three months of receipt of Notice of Abandonment. If the owner fails to remove the system, the City may pursue legal action to have the SWECS removed at the owner's expense.

c.

If deemed appropriate, the city may stipulate through the conditional use that the wind energy conversion system shall be removed at the owner's expense, upon the rezoning of the subject property to a zoning district classification in which wind energy conversion systems are not allowed as either a permitted use or conditional use.

Sec. 17.319.04.

SWECS or VAWT application information.

1.

In addition to the Building Permit requirements in Sections 17.20.04 and 17.24.01, the building permit application shall be accompanied by the following:

a.

A plot plan which includes the following:

i.

Property lines and physical dimensions of the property;

ii.

Location, dimensions, and types of existing major structures on the applicant's property and adjacent property;

iii.

Location of the proposed SWECS or VAWT;

iv.

The right-of-way of any public road that is contiguous with the property;

v.

Any overhead utility lines;

vi.

For any undeveloped or unplatted lands - a Sketch Plan approved by the Planning Commission in accordance with the Subdivision Regulations for the entire parcel on which the system is proposed to be located showing orientation and location of the system as it relates to location future development.

b.

SWECS or VAWT specifications, including manufacturer and model, rotor diameter, tower height, and tower type (monopole, lattice, guyed);

c.

Tower foundation blueprints or drawings;

d.

Tower blueprint or drawing;

e.

Manufacturer warranty/maintenance information. Upon application for a conditional use for a SWECS or VAWT, the applicant shall submit a manufacturer's statement documenting that the SWECS or VAWT system has been successfully and safely operated in atmospheric conditions that are similar to conditions in Madison. Further, the applicant shall provide a copy of the manufacturer's warranty indicating that the SWECS or VAWT system is warranted against any SWECS or VAWT system failures reasonably expected during severe weather conditions. Further, the applicant shall submit SWECS or VAWT system specifications including maximum power output and a maintenance schedule for the SWECS or VAWT system; and

f.

Proof of notification to the utility in the service territory in which the SWECS or VAWT is to be erected, consistent with the provisions of 17.319.03.13 herein.

2.

Expiration. A conditional use permit issued pursuant to this ordinance shall expire if:

a.

The SWECS or VAWT is not installed and functioning within 12 months from the date the conditional use permit is issued; or

b.

The SWECS or VAWT is determined to be abandoned consistent with the provisions of 17.319.03.16 herein.

Sec. 17.319.05.

Requirements for large wind energy conversion systems. Large wind energy systems shall be and are prohibited within the City limits of the City of Madison and any area of extra territorial jurisdiction the City may have.

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