1. The conditional uses set out in this article shall be subject to compliance with the regulations in this article and with the procedure for authorizing conditional uses as set forth in § 17.54.030.

2. The Planned Development Overlay District allows the Planning Commission to approve an application containing amendments to the development standards in the underlying zone district chapter. The Planned Development Overlay District shall not be used to add additional land uses that are not listed as permitted uses or conditional uses within the underlying zone district. As applicable an application for a conditional use permit and Planned Development Overlay District may be combined into the same application provided the underlying zone district lists the proposed use or uses as a conditional use. Planned Development Overlay Districts shall be subject to compliance with the regulations in this article and with the procedure for authorizing conditional uses as set forth in § 17.54.030 as applicable.

3. The Planned Unit Development Zoning District allows for the rezoning of property to allow land uses and development standards not listed within any of the specific zone districts within this title. Planned Unit Development applications shall be subject to compliance with the regulations in this article and with the procedure for rezoning property as set forth in § 17.54.040 as applicable.

4. The administrative exceptions section applies to all zone districts allows the Director to approve applications for minor amendments to the development standards in all zoning districts within this title. Administrative exceptions shall be subject to compliance with the regulations in this article.

1. The standard requirements for lot area, density, lot coverage and open space for individual townhouse lots may be reduced if, in the opinion of the Planning Commission and the Common Council, variation of these particular requirements will encourage the development of previously platted smaller land parcels and/or permit innovative land development which is consistent with the intent of this article. Any variation from the standard requirements will require special review and the conditional use procedure shall be followed.

2. If the conditional use permit procedure is utilized, density should not exceed 1 dwelling unit per 2,250 square feet. The requirements of open space on individual townhouses lots may be waived, but the overall open space requirements of 600 square feet per unit for the townhouses development lot shall remain. The Planning Commission and the City Council may also allow an individual townhouse lot to consist of only the townhouse structure and minimum setback, if a determination is made that common open space is adequate in size and appropriate in location.

3. In order to permit adequate review proposal, the petitioner shall submit the following information on a site plan at a scale no greater than 1 inch equals 50 feet:

4. This information shall be reviewed by the Department, Building Official, Fire Marshal and Public Works Department in order to determine the appropriateness of a proposed conditional use for a townhouse project.

1. Planned development designation (PDD);

2. Planned residential development (PRD);

3. Planned unit development (PUD);

4. Planned commercial development (PCD);

5. Planned light industrial development (PLID); and

6. Planned industrial development (PID).

1. To allow deviations from the minimum or maximum distance, area, density, or other location criteria contained in the underlying zoning district standards;

2. To simplify and enhance the development review and approval process by allowing a conditional use permit application and planned development application to be processed as a single application;

3. To promote compatibility with adjacent land use and available public facilities; and

4. To provide optional methods of land development and encourage imaginative design.

1. All provisions of any existing PDD, PRD, PUD, PCD, PLID and/or PID approved by the city prior to May 11, 2012 shall remain in effect.

2. Any major amendment to an approved PRD, PUD, PCD, PLID and/or PID shall follow the procedures outlined in § 17.50.050F.

3. Property owners may request and be granted a revocation of any PDD approved prior to May 11, 2012, by the Director, provided it was not approved in conjunction with a rezoning application. Revocation of a PDD approved in conjunction with a rezoning application may be approved by the Planning Commission following the procedures outlined in § 17.50.050F.

4. A request for a conditional use in addition to the PD itself, may be included within the submittal of a final planned development application. When requesting a conditional use within a planned development application the more restrictive requirements shall apply.

5. Where a conflict exists between an approved planned development and the regulations of the underlying zoning district, the approved planned development shall prevail.

1. DEVELOPMENT REVIEW TEAM. The DEVELOPMENT REVIEW TEAM (DRT) is composed of city staff and representatives of outside agencies that have an interest in or would be affected by a proposed PD application. The Director shall maintain a list of current members and may revise the list. The Director or designee within the Department will select members from the DRT list and forward PD applications to the selected members for review and comment. Copies of the list are available for inspection in the office of the Director.

2. PLANNED DEVELOPMENT DESIGNATION (PDD). A procedure designating a property as a planned development by the Director prior to approval of an initial or final planned development. A PDD indicates that the city acknowledges there are sufficient factors associated with the property that a future planned development may be warranted but provides no assurance that an initial or final planned development application will be approved. PLANNED DEVELOPMENT DESIGNATIONS shall have no expiration period. A PDD is optional and not required prior to submittal of an initial or final development plan.

3. INITIAL PLANNED DEVELOPMENT. An INITIAL PLANNED DEVELOPMENT is a preliminary development plan submitted for a planned development and may be used for projects with several phases. An INITIAL PLANNED DEVELOPMENT may be formally acted upon by the Planning Commission after review by the DRT. An initial development plan can be filed concurrently with a final planned development. An INITIAL PLANNED DEVELOPMENT is optional and not required prior to submittal of a final planned development.

4. FINAL PLANNED DEVELOPMENT. A FINAL PLANNED DEVELOPMENT is a detailed development plan that is formally acted upon by the Planning Commission after review by the DRT. A FINAL PLANNED DEVELOPMENT shall be approved prior to issuance of building permits unless the development proposal is for a single family dwelling on a single property and complies with the underlying zoning district requirements.

1. Information required for a PDD.

2. Planned development designation review and approval. The owner and/or designated agent shall submit the required application and other specified information to the Department. Upon receipt of a complete application and the required information, the Director shall provide all information to the DRT. The DRT shall have 13 working days from receipt of the application to complete their review and to recommend approval, denial, or suspension of the application. If the DRT recommends approval, the PDD shall be approved by the Director. An application not acted on within 13 working days of submittal (approved, denied or suspended) shall be deemed approved. No notice or hearing shall berequired prior to the planned development designation being approved. A denial of the planned development designation may be appealed to the Planning Commission within 7 working days of the denial. The Planning Commission’s decision may be appealed to the City Council.

1. Information required for Initial Planned Development application.

2. Information required for the Final Planned Development application.

3. Initial and final planned development review and approval.

4. Public notice. An applicant for an initial or final planned development shall provide notice to property owners within 250 feet of the property under consideration, inclusive of public right-of-way, by first class mail, not less than 7 days prior to the public hearing before the Planning Commission hearing. Notice is also required, via first class mail, to all property owners located within the planned development. The city may require the applicant to sign a certified affidavit prior to the public hearing as evidence to document compliance with the requirements of this section. The city may decide to perform the adjacent property owner mailing and shall notify the applicant in writing prior to scheduling the public hearing. Additionally, a sign noting the fact that a planned development application is pending shall be posted on the site not less than 7 days before the Planning Commission hearing. Approved signs shall be provided by the Department and include a reasonable deposit sufficient to cover the cost of replacement of the sign. The sign shall be maintained on the site until the later of the Planning Commission’s approval of the initial or final planned development, the City Council’s action on an appeal is final, or the application is withdrawn.

5. Criteria for review. In reviewing applications for an initial planned development and/or final planned development, the following criteria shall be considered by the DRT, as applicable, in its recommendation for approval or denial:

Any one or more of the foregoing criteria may be relied upon by the Planning Commission or City Council, as applicable, in approving an application.

1. A major amendment to an initial or final planned development shall require approval of the Planning Commission or City Council, as applicable, following the process outlined above.

2. Minor amendments shall be submitted to the Director on a revised initial or final planned development plan showing the requested changes. Minor amendments that may be approved administratively by the Director include:

1. A planned development may be dissolved administratively if the reason the planned development was needed is mitigated due to redevelopment of the property to meet current zoning district requirements, if zoning regulations change such that the property becomes compliant, or if the property is rezoned to a district where the property is in compliance. However, if a planned development was approved in conjunction with a rezoning application, then it cannot be administratively dissolved.

2. Subsection H.1. shall also apply to any PRD, PUD, PCD, PLID and/or PID in effect prior to May 11, 2012.

1. To promote more economical and efficient use of land;

2. To provide flexible zoning entitlements for projects that may be subdivided and developed in multiple phases;

3. To establish a method for providing future connections between existing and proposed developments in order to achieve an integrated community with common open space, transportation, transit, and public services networks; and

4. To allow for innovative development projects.

1. DEVELOPMENT REVIEW TEAM. The DEVELOPMENT REVIEW TEAM (DRT) is composed of city staff and representatives of outside agencies that have an interest in or would be affected by a proposed PUD application. The Director shall maintain a list of current members and may revise the list. The Director or designee within the Department will select members from the DRT list and forward PUD applications to the selected members for review and comment.

2. PLANNED UNIT DEVELOPMENT (PUD). A zoning district designation for a tract of land controlled by one or more landowners, which is developed under a plan for either residential, commercial/retail, industrial, public, agricultural, open space, or recreation uses or a combination thereof.

3. PUD CONCEPT PLAN. A preliminary development plan submittal to be reviewed by the development review team prior to the preparation and submittal of a PUD zoning document. The PUD CONCEPT PLAN is designed to aid the city and applicant in preparing a complete PUD zoning document application.

4. PUD ZONING DOCUMENT. A zoning entitlement document to be reviewed by the Planning Commission and approved by the City Council. The PUD ZONING DOCUMENT is not an overlay district and once approved is the official zoning district designation for the property. An approved PUD ZONING DOCUMENT is recorded at the County Register of Deeds and is used to guide the future subdivision and development of the property.

1. PUD concept plan submittal requirements. A completed application form shall be submitted with the PUD concept plan. The PUD concept plan shall be submitted on a single sheet at a suitable scale and contain the following information:

2. PUD concept plan approval process.

1. PUD zoning document application requirements. The PUD zoning document application shall include the following:

2. PUD zoning document approval process. The PUD zoning document approval process shall follow the city rezoning procedure in § 17.54.040.

1. An amendment to the PUD zoning document shall follow the city rezoning procedure as set forth in § 17.54.040. Minor amendments to the PUD zoning document, that do not require the applicant to follow the city rezoning procedure as set forth in § 17.54.040, can be approved administratively by the Director including:

1. Application requirements. A minor PUD zoning document amendment application can be filed for all or a portion of the land area within an approved PUD zoning document. Minor exceptions, modifications, or variances for individual lots shall follow § 17.50.070 Administrative Exceptions or § 17.54.020 Variances as applicable. The application for a minor PUD zoning document amendment shall be submitted to the Department and include the following:

2. Minor PUD zoning document approval process. The Department shall review the application for completeness within 7 working days of submission. Incomplete or improper applications will be returned to the applicant. Within 10 working days of receipt of a completed application, the Director shall approve the application; approve the application with conditions; or deny the application.

3. Documentation of a minor PUD zoning document amendment. The Director shall note any terms of the approved amendment directly on the minor PUD zoning document amendment sheet(s) and affix his or her signature and the date of approval. As applicable, such amended plans shall be recorded.

1. A property constraint such as lot configuration or lot area;

2. A topographic, geological, hydrological, or environmental factor;

3. A non-conforming issue for pre-existing structures;

4. A new construction issue caused by survey or construction error; and

5. A new construction proposal that is innovative and/or would not cause substantial detriment to the public good or significantly impair the purposes and intent of these regulations.

1. The Director is authorized to grant deviations of up to 20% of any minimum or maximum zoning district standards, development standards, and area regulations including but not limited to:

2. The Director is also authorized to grant deviations from any specific location and/or material requirements prescribed in this chapter including but not limited to:

3. In the Urban commercial district, the Director is authorized to grant deviations under subsections C.1. and 2. and is authorized to grant other exceptions as identified in Chapter 17.66 when an exception is supported by the adopted comprehensive plan.

1. An application form signed by the property owner or authorized representative and fee;

2. A written narrative explaining and justifying the request; and

3. A site plan drawn to scale showing all property lines with dimensions, location of buildings and other structures, north arrow, street numbers, lot and/or parcel number, locations of setback lines or other dimensional requirements from which the administrative exception is sought.

1. There are certain conditions pertaining to the particular piece of property in question because of its size shape, or topography;

2. The application of these regulations to this particular piece of property would create a practical difficulty or undue hardship;

3. Exceptions, if granted, would not cause undue hardship to the public good or impair the purposes and intent of these regulations;

4. A literal interpretation of this chapter would deprive the applicant of rights that others in the same district are allowed;

5. Any adverse impacts will be reasonably mitigated; or

6. The requested exception is an alternative or innovative practice that reasonably achieves the objective of the existing standard sought to be modified.

ABANDONED SIGN. An on-premises or off-premises sign which meets 1 or more of the following:

ADVERTISING MESSAGE. The copy on a sign which advertises goods, products, services, persons, or public messages.

ANIMATION. Any sign which includes moving graphics, symbols, designs, pictures, or animated creations produced on a digital display, plasma display, LCD display, or other similar technology. For purposes of this code, this item does not refer to flashing, which is separately defined.

AWNING. A shelter supported entirely from the exterior wall of a building.

AWNING SIGN. Any sign attached or incorporated into an awning.

BANNER. A sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.

BUILDING FACE OR WALL. All window and wall area of a building in 1 plane or elevation.

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code.

CANOPY. See AWNING .

CHANGEABLE COPY SIGN. A sign on which copy is changed manually in the field.

CITY. The city of Rapid City.

COMMON COUNCIL. The Common Council of Rapid City.

COPY. The message on a sign surface either in permanent, temporary or removable form.

COUNTY. Pennington County, South Dakota.

DIRECTIONAL SIGN. Any sign which serves solely to designate the location or direction to a place or area.

DISPLAY SURFACE. The area made available by the sign structure for the purpose of displaying the advertising message.

EARTH TONE. A color such as tan or light brown as approved by the Building Official.

ELECTRICAL SIGN. Any sign containing electrically illuminated utilization equipment with words or symbols designed to convey information or attract attention.

ELECTRONIC MESSAGE CENTER. An on-premises sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

ERECTED. Attached, altered, built, constructed, reconstructed, enlarged or moved, and shall include the painting of wall signs, but does not include changing the copy on any sign.

EXEMPT SIGN. A sign for which a permit is not required.

FLAG. A piece of cloth or other similar material, usually rectangular, of distinctive color and design which is used as a symbol, a standard, a signal, or an emblem.

FLASHING SIGN. Any sign displaying a pattern of rapidly changing light illumination where the illumination on the sign alternates suddenly between high and low intensity for the purpose of drawing attention to the sign.

FRONTAGE. The length of the front property line or lines of any premise, which is/are parallel to and along each street right-of-way it borders.

GROUND SIGN. A sign erected on a foundation, free-standing frame, mast or pole which is not attached to any building or other structure.

HEIGHT OF SIGN. The vertical distance from the top of the sign or sign structure, whichever is greater, to the ground directly below, measured from a point equal distance from the sides or edges of the sign.

ILLUMINATED SIGN. Any sign which emanates light either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign faces.

INDEXING SIGNS. A multi-face sign capable of showing multiple advertising messages in the same area through the manual rotation of vertical or horizontal sections of the sign face.

LAWFUL NONCONFORMING SIGN. A sign or sign structure which does not comply with all provisions of this code, but which was legal at the time it was constructed.

LOT. A parcel of land which is or may be occupied by a building, group of buildings, their accessory buildings, signs, or uses customarily incidental thereto, together with such yards or open spaces within the lot lines.

MAINTAIN. To allow a sign to exist or remain, or to repair or refurbish a sign in order to prevent decay or deterioration.

MARQUEE. A permanent roofed structure attached to and supported by the building and projecting out from a building or structure.

MARQUEE SIGN. Any sign attached to or constructed in or on a marquee.

MESSAGE. A communication through written words, symbols, signals, or pictures.

OFF-PREMISES SIGN. Any sign identifying or advertising a business, person, activity, goods, products or services located off the premises from where the business, person/activity, goods, products, or services are located.

ON-PREMISES SIGN. Any sign identifying or advertising a business, person, activity, goods, products or services which are located on the premises where the sign is installed and maintained.

ORIGINAL TOWN. Blocks 71-76, 81-86, 91-96, 101-106 and 111-116 of the original town plat of Rapid City.

OUTLINE LIGHTING. An arrangement of incandescent lamps or electric-discharge lighting to outline or call attention to certain features such as the shape of a building or the decoration of a window.

OWNER. Any person(s), agent(s), firm(s) or corporation(s) having a legal or equitable interest in the property or premises.

PARAPET or PARAPET WALL. That portion of a building wall that rises above the roof level.

PEDESTRIAN SIGN. A sign that advertises to pedestrian traffic as regulated by § 17.50.080S.

PERSON. A person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, or their successors or assigns, or the agent of any of the aforesaid.

PREMISES. A legally described parcel of land where a sign is physically located.

PROJECTING SIGNS. A sign other than a wall sign which is attached to and projects from a building, structure, or building face.

PUBLIC SERVICE INFORMATION SIGN. See CHANGEABLE COPY SIGN.

RAPID CITY SIGN CODE. Sections 17.50.080, 17.50.090 and 17.50.100 of the Rapid City Municipal Code.

REAL ESTATE or PROPERTY FOR SALE, RENT OR LEASE SIGN. Any sign pertaining to the sale, lease or rental of land or buildings.

ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

ROOF SIGN. Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

ROTATING SIGN. Any sign or portion of a sign which moves in a revolving or similar manner.

SCROLLING. The horizontal and/or vertical movement of an advertising message across the face of an electric messaging center sign.

SIGN. Any identification, description, illustration or device illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and sign structures; however, for the purpose of removal, signs shall also include all sign structures.

SIGN AREA. The total area or areas of all signs within the outer edges of the sign or advertising message.

SIGN STRUCTURE. Any structure which supports, has supported, or is capable of supporting a sign, including a decorative cover.

STREET. A public or private right-of-way which affords the principal means of access to abutting property.

STRUCTURAL ALTERATION or STRUCTURAL CHANGE. Any change, modification or alteration of a sign or sign structure, except changing the copy or advertising message on a sign, painting the sign, changing light bulbs, performing routine maintenance and upgrades on a sign’s wiring or electrical systems, or installing energy saving technology or maintaining or replacing the digital components or digital modules on existing digital signs up to and including replacing the entire digital cabinet and adjusting the mounting methods as necessary, so long as the change does not require any other changes or modifications to the sign structure in addition to the device being installed.

TEMPORARY SIGN. A sign which is not permanently erected or affixed.

UNLAWFUL SIGN. A sign or sign structure which is unlawfully erected or is unlawful for reasons of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment as declared by the Building Official.

USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

WALL. Any wall or element of a wall, or any member or group of members which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater with the horizontal plane.

WALL SIGN. A sign painted directly on the surface of a building, fence, awning or marquee; or a sign attached to or erected against the wall of a building, fence, awning or marquee, with the face in a parallel plane to the plane of the building wall.

1. The Building Official is authorized and directed to enforce all the provisions of this code.

2. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. The interpretations, rules and regulations shall be in conformance with the intent and purpose of this code.

3. The Building Official may deputize inspectors or employees as may be necessary to assist in carrying out the administration and enforcement of this code.

4. When it is necessary to make an inspection to enforce the provisions of this code, or when the Building Official has reasonable cause to believe that there exists a sign or a condition which is contrary to, or in violation of this code, the Building Official may enter the premises at reasonable times to inspect or to perform duties imposed by this code, provided credentials be presented to the occupant and entry requested, if premises are occupied. If premises are unoccupied, the Building Official shall make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

5. Whenever the work is being done in contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Work must then be stopped until otherwise authorized by the Building Official.

6. This code shall not be construed to relieve from or lessen the responsibility to any person owning, operating or controlling any sign or sign structure for any damages to persons or property caused by defects, nor shall the city be held as assuming any such liability by reason of the inspections authorized by this code or any permits issued under this code.

7. All provisions of the laws and ordinances of the city and the state shall be complied with, whether specified herein or not. In the event that portions of this section conflict with other portions, or portions of this section conflict with state or federal law, the more restrictive requirement shall apply. In addition, compliance with this code does not presume to give authority to violate, cancel or set aside any of the provisions of the building code, municipal code or other local law, or ordinance regulating construction or the performance of construction in the city.

1. The Building Official may declare any sign unlawful if it is not properly maintained, if it is not structurally sound, if it has been abandoned, if it was erected without a proper permit, if it does not qualify as a legal non-conforming sign and violates some provision of this code, or if it is in violation of any other provision of the city code, state law or federal law.

2. Upon determining that a sign is unlawful, the Building Official shall prepare a written notice and order which shall describe the sign and specify the violation involved and shall state that if the sign is not removed, or the violation is not corrected within a specified period of time as determined by the Building Official, the sign shall be removed in accordance with the provisions of this section. The owner of the building, structure, premises, or sign shall be responsible for the cost of removing the sign or sign structure.

3. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessments roll of the county or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be mailed, addressed to the person, at the address of the premises where the unlawful sign is located. The failure of any such person to receive the notice and order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on receipt of mailing.

4. Notwithstanding any other provision of this code, an unlawful sign is declared a nuisance and may be abated as such under applicable state laws and city ordinances.

1. Off-premises or public purpose signs incorporating animation, graphics, pictures or video which is in motion.

2. Signs incorporating noise, blasts, vibration or dust;

3. Signs incorporating flashing, blinking or traveling lights;

4. Any sign or portion of a sign which moves or assumes any motion constituting a non-stationary position, except barber poles and signs attached to or placed upon a motor vehicle;

5. Abandoned signs or unlawful signs;

6. A sign attached to, or painted on, a motor vehicle or trailer that is parked on, or adjacent to, property for more than 24 consecutive hours, the principal purpose of which is to serve as a stationary advertising device and to attract attention to a good service, business or product, not including vehicle sales. A logo or business name on a motor vehicle or on equipment, shall not be prohibited unless the motor vehicle or equipment is being used as a stationary advertising device. However, this prohibition shall not include trailer-mounted signs when the gross weight of the sign and the trailer is less than 1,000 pounds;

7. Signs located in the public right-of-way unless otherwise allowed by another provision of city ordinance, state law or federal law;

8. Banners, pennants, search lights, streamer, twirling signs, sandwich board signs, sidewalk or curb signs, balloons, air and gas-filled figures shall be prohibited except when permitted pursuant to § 17.50.080S.1.;

9. Flags displaying an advertising message, excluding flags of any nation, state, political subdivision, or corporate flag;

10. Projecting signs, except pedestrian-oriented signs that do not exceed 8 square feet;

11. Off-premises roof signs;

12. On-premises roof signs;

13. Off-premises wall signs;

14. Indexing signs, as defined herein;

15. Signs advertising words or pictures of obscene or pornographic material, signs that emit sound, odor, visible matter or which are similar to traffic control signs or signals and which advertise words such as “Stop,” “Go,” “Danger,” “Warning”; or signs that obstruct the vision of traffic control signs or signals or lights in the public right-of-way;

16. Off-premises sign constructed with more than 1 display surface per side;

17. Off-premises sign in a position or shape other than horizontal whose height is greater than its width;

18. Off-premises ground signs with faces constructed at any angle greater than 20 degrees as measured by any angle between the 2 faces;

19. Off-premises signs with a face width greater than 30 feet or a face height greater than 15 feet;

1. Every off premises sign shall have an off-premise sign license issued by the Building Official. The Common Council shall establish the fee for each off-premises sign license by resolution. One license shall be required per structure.

2. Off-premises sign licenses expire on December 31 of the year in which the license is purchased.

3. Any off-premises sign that does not have an off-premises sign license by February 1 of any year is an unlawful sign as defined under this code and is subject to removal under the provisions of § 17.50.080C.

4. No off-premises sign license shall be issued for a new off-premises sign unless the owner of the sign shall surrender to the Building Official 2 off-premise sign credits which have been previously issued pursuant to this code or under the provisions of earlier versions of this code.

5. All funds paid to the city pursuant to this section shall be deposited in a separate fund designated the Sign Code Enforcement Fund. The Building Official shall use the funds in this account to enforce the provisions of §§ 17.50.080, 17.50.090 and 17.50.100 of the Rapid City Municipal Code.

6. No sign shall be deemed unlawful for being unlicensed under this section until 90 days after the enactment of this section. Any off-premise sign that is not licensed within 90 days of enactment of this section is a prohibited sign subject to removal under the provisions of § 17.50.080C. of this code.

1. Except as otherwise provided in this code, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign building permit from the Building Official as required by this code.

2. Every sign building permit issued by the Building Official shall expire and become null and void if construction of the sign does not commence within 60 days from the date the permit is issued. All sign building permits shall expire 120 days from the date the permit is issued. For good cause, the Building Official may extend the time limitations for up to an additional 120 days. Any extension granted shall be accompanied by a fee equal to one-half of the original permit fee paid to the city.

3. No new off-premise sign shall be permitted unless the applicant has first obtained an off-premise sign license as required by § 17.50.080E. of this code.

1. So long as structural changes are not made, changing the advertising copy or message; painting, maintaining and/or repairing an existing lawful sign; changing light bulbs; performing routine maintenance and upgrades on a sign’s wiring or electrical systems; or installing energy saving technology or maintaining or replacing the digital components or digital modules on existing digital signs up to and including replacing the entire digital cabinet and adjusting the mounting methods as necessary, so long as the change does not require any other changes or modifications to the sign structure in addition to the device being installed.

2. One construction sign shall be allowed per lot. The sign shall not exceed 32 square feet in area, and shall not be erected until a building permit has been issued. The sign shall be removed within 14 days after the issuance of a certificate of occupancy;

3. Directional signs entirely on the premises where the sign is located. Directional signs under this provision shall not exceed 5 square feet in area;

4. Corporate flags or emblems limited to a maximum of 1 per premises;

5. Flags of any nation or political subdivision with a maximum number of one flag type per premises, per street frontage;

6. Traffic control devices and other similar signs placed by the city or state, directional signs placed by the city, state or authorized by the city or state and signs authorized by the city’s Traffic Engineer pursuant to the authority granted to him or her by the city code;

7. Signs located within the interior of any building, or within any enclosed lobby or court of any building, or signs located within the inner or outer lobby, court or entrance of any theater, or within any sports field, stadium; or ice rink; provided such signs are not intended or designed to be viewed from any public property or to other adjacent property. Determination of intent and design shall be based upon the size, location, orientation and legibility of such signs, and whether they are reasonably suited to convey a message to patrons of the property upon which they are located, rather than to persons viewing the sign from any public property or from adjoining property, and the extent to which reasonable measures have been taken to limit the conveying of a message to persons viewing the sign from any public property or from adjoining property. Specifically, design and intent shall be determined by a good faith standard and with an intent that this exemption shall not be used as a subterfuge to allow off-premises advertising under a pretext of conveying a message to patrons of the premises upon which such sign is located. Nothing herein shall be construed as exempting the signs from any other provision of this code or any other ordinance, law, rule or regulation;

8. “No trespassing” or “no dumping” signs;

9. Plaques or name plate signs, not more than 2 square feet in area, which are fastened directly to the building and which do not contain an advertising message;

10. Window signs covering up to 25% of the area per window;

11. Temporary political signs are allowed so long as they are not located within the public right of way, a required sight triangle or a required parking stall or parking area. Temporary political signs are limited to 32 total square feet and a maximum height of 8 feet;

12. Identifying logos on municipally owned water storage reservoirs, when directed by the City Council;

13. Real estate signs, subject to the following restrictions:

1. Application for a sign permit shall be made in writing upon forms furnished by the Building Official. The following information shall be provided:

2. The fees for sign building permits shall be based on the most recent building code fee tables adopted by the City Council by resolution. The permit fee for electrical signs or outline lighting shall be identical to the fees established in the State Wiring Bulletin, as adopted by the City Council by resolution.

3. All signs and sign structures shall be subject to inspection by the Building Official for compliance with the city code.

1. Supports for signs and sign structures shall be built to conform to the requirements of the current building codes as adopted by the city for wind loads, seismic loads, and other combined loads.

2. Signs shall be constructed to a minimum standard of quality as specified by the city municipal code for non-combustibility, steel, smoke density, ignition properties, and classification of plastics.

3. The Building Official may require an applicant for a sign permit to submit a stamped set of engineered drawings for any sign in accordance with the adopted building codes.

1. Electrical signs shall be constructed in accordance with the provisions of the Administrative Rules of South Dakota (ARSD) 20:44:22, the National Electrical Code and the city's Municipal Code. Signs constructed in a UL shop must be energized by a licensed electrician. If a sign is constructed in a shop that is not UL, then wiring of the sign and energizing of the sign must be done by a licensed electrician.

2. Electrical permits are required for electrical installations serving outdoor signs. Electrical wiring requiring a permit shall be installed by a licensed electrical contractor. The minimum permit fee shall be identical to the fees established by the State Wiring Bulletin, as adopted by the City Council by resolution. Electrical signs and outline lighting shall be listed and labeled in accordance with ARSD 10:44:22:02, 20:44:22:03 and 20:44:22:04 and the National Electrical Code 600-3.

3. Electrical signs and outline lighting shall be marked with the manufacturer’s name, voltage input, and current rating. The marking required by this section and the label of a recognized testing lab, shall be located in a visible location and readable from both grade and the sign’s electrical disconnect.

4. All metal parts of electrical signs and outline lighting shall be grounded in accordance with the National Electrical Code.

5. Each electrical sign or outline lighting system shall have an externally operable disconnect means located within sight of the sign or outline lighting transformer.

6. Electrical signs may be illuminated internally or externally so long as all lighting is directed away from the public right-of-way and adjacent residential areas. In addition, off premise signs must comply with the requirements of § 17.50.080N.

1. Any sign that is internally illuminated, or which displays electronic variable messages through light emitting diodes, liquid crystal display, plasma image display, or any other light emitting mechanism must be equipped with automatic dimming technology that automatically adjusts the display’s brightness based upon ambient light conditions. The brightness level for signs shall not exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area, measured as follows:

2. For signs with an area in square feet other than those specifically listed in the table (i.e., 12 square feet, 400 square feet, etc.), the measurement distance may be calculated with the following formula: The square root of the product of the sign area and 100.

Example using a 12-square-foot sign:

Measurement Distance = (12 sq. ft. × 100) = 34.6

3. The brightness measurement shall be performed as follows:

1. Purpose. The purpose of this section is to create historic sign districts. The boundaries of the historic sign districts shall correspond to the same boundaries as any historic district or property listed and regulated by the National Register of Historic Places, including the environs.

2. Historic Sign Review Committee. The Historic Sign Review Committee, as previously established, is hereby continued. The Committee shall consist of 5 persons.

3. Length of term. Members appointed by the Mayor and approved by the Common Council shall serve terms of 3 years. The member and alternate chosen by the Historic Preservation Commission shall serve for a term of 1 year. The Committee shall elect a Chairperson from its membership to serve for a term of 1 year.

4. Meetings. Meetings of the Committee shall be held at the call of the Chairperson or the Building Official. All meetings of the Committee shall be open to the public. The Committee shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact. A majority of the voting members of the Committee shall constitute a quorum.

5. Committee approval. Approval for any sign located within a historic sign district shall be granted by the Historic Sign Review Committee. The Committee may delegate some approvals to the Community Development Director or his or her designee in conjunction with guidelines further described in § 17.50.080Q.6. Decisions of the Community Development Director or his or her designee may be appealed to the Committee. Appeal requests must be made in writing within 14 days of a decision.

6. Criteria for approval. In considering sign permits within historic districts, the Historic Sign Review Committee shall consider the following criteria: size and position, projection, color, message, texture, materials, illumination and lettering style for the historic era for which the building or structure was constructed. The Committee may adopt guidelines administrable by the Community Development Director or his or her designee. Any such guidelines shall further describe the criteria in this section and identify conditions under which signs located within a historic sign district may be administratively approved. In order to adequately review these factors, the applicant for a sign permit must, in addition to the requirements of § 17.50.080I., submit the following: a photograph of the property and structure, a photograph or scaled drawing of the property or structure with the proposed sign sketched on it, color chips or color samples of the same colors that are to be used for the sign, and a scaled drawing of the proposed sign depicting the sign fonts and other attributes as they will actually appear on the sign.

7. Rules. The Historic Sign Review Committee may adopt bylaws and rules in accordance with the authority granted by this section.

8. Permit issuance. If the Historic Sign Review Committee approved an application for a sign which meets the criteria established by this section, then a sign permit may be issued. In order to ensure compliance with the provisions of this section, the Committee may approve applications with stipulations that must be met before a sign permit may be issued by the city. If the Historic Sign Review Committee denies an application for a sign which does not meet the criteria established by this section, the applicant shall be notified in writing as to the reasons for denial. Decisions of the Historic Sign Review Committee may be appealed to the City Council.

9. Register of Historic Signs. The Committee may create a Register of Historic Signs. The Committee may add signs to the Register that are lettered or symbolic messages

1. The provisions of this section apply to shopping center entrance signs. A shopping center entrance sign is a sign placed at the entrance of a community shopping center that is part of a Planned Development Overlay District or Planned Unit Development of at least 25 acres. For the purposes of this section, a community shopping center must consist of a grouping of retail shops and stores planned and designed as an integrated unit which provide goods and services for people within a 30-minute drive.

2. Shopping center entrance signage may be on-premises or off-premises so long as it is located within 2,500 feet of the exterior boundaries of the development it is part of.

3. Shopping center entrance signage can only identify the shopping center and/or the businesses and shopping center tenants that are located within the development.

4. Shopping center entrance signs shall be ground mounted, monument style signs. Signs that are raised off of the ground or are mounted on poles or pylons are not allowed.

5. Shopping center entrance signs shall not exceed 15 feet in height and 200 total square feet in area per sign.

6. The location and design of any shopping center entrance sign must be reviewed and approved as part of a Planned Development Overlay District or Planned Unit Development. Specific attention should be paid to the location of the proposed shopping center entrance sign in relation to other off-premises and on-premises signs in the vicinity. Any alteration of the sign other than the changing of names located on the sign shall follow the planned development overlay amendment process § 17.50.060G. or planned unit development amendment process amendment process § 17.50.060F. and G.

7. Shopping center entrance signs shall not be located within any clear sight triangle as set forth in the Rapid City Municipal Code.

8. Shopping center entrance signs are exempt from the following provisions of the Rapid City Municipal Code:

1. A permit may be issued to a business, public entity, or a civic, charitable or fraternal organization for a temporary banner, pennant, sandwich board sign or air gas filled figure. A temporary sign shall not exceed 15 feet in height. A permit may be issued up to twice a year to the same business or organization and shall be issued for a maximum duration of 30 days. The permit may authorize temporary signage at multiple locations throughout the city. The fee for this permit will be calculated in the same manner as the permit fee for on on-premises sign permit.

2. The City Council may authorize the placement of banners on public light poles and structures which promote the city, any educational institutions within the city, or which promote community events, activities and celebrations. Such banners may not convey a commercial message, but may identify sponsors. The City Council may impose conditions upon which its authorization to mount banners under this section has been given, including the length of time the banner(s) may be located in the authorized location. The City Council may also establish rules and administrative procedures for the mounting of banners under this section and may further enter into agreements with public or private groups to mount and maintain banners on light poles or other public structures within the city.

3. Public or private institutions, school, nonprofit membership organizations, and philanthropic institutions that are educational, cultural, religious or recreational in nature and located in a zoning district that does not otherwise provide for on-premises signage may display on-premises signs. However, such sign or part thereof shall not contain a commercial advertising message. The signs shall comply with the following:

4. For home businesses or occupations located in residential zoning districts, the total area of wall signs or ground signs is 1 square foot for each dwelling unit. Wall signs or ground signs for all residential entities on the premises must also meet the following:

5. Wall signs or ground signs for a commercial use in a residential district or a home occupation may be 1 square foot in size per commercial use or home occupation.

6. Miscellaneous signs shall not be located within any clear sight triangle as set forth by city’s Municipal Code.

7. In addition to any applicable requirements of § 17.50.080N., the light from any light source intended to illuminate a miscellaneous sign, or emanating from an internally illuminated miscellaneous sign, shall be so shaded, shielded, directed or of such an intensity that the brightness shall not adversely affect surrounding or facing premises, nor adversely affect safe vision of pedestrians or operators of vehicles moving on public or private streets, driveways or parking areas. If a miscellaneous sign is located in a residential zoning district, any illumination will be turned off from 10:00 p.m. to 6:00 a.m.

1. A JOINT IDENTIFICATION SIGN is defined as a sign designed to identify multiple business located in a specific area that has been designated as a development complex by the Director or their designee regardless of whether said establishments occupy separate structures or are under separate ownership.

2. A DEVELOPMENT COMPLEX is defined as a shopping center or 3 or more businesses in close proximity to each other that are part of a common development where joint identification signs will be allowed. The factors to consider in determining if a shopping center or 3 or more businesses in close proximity to each other are part of a common development are the layout of the site, the ownership of the land and whether or not the businesses share access, customer parking areas or other common areas. It is not required that the lots within a development complex be under common ownership if other factors which support the finding that a shopping center or grouping of 3 or more businesses are part of a common development are present. If the area being designated as a development complex for purposes of allowing a joint identification sign contains lots that are under separate ownership, all the lot owners must consent to the designation.

3. In addition to a sign permit, an applicant requesting to designate an area as a development complex must submit information relating to the factors described in § 17.50.080T.2. The Director or their designee will review the information submitted and in addition to determining whether or not the proposed joint identification sign is in compliance with the requirements of the code pertaining to joint identification signs, will determine whether or not to designate the requested area as a development complex. Any person or group aggrieved by the decision of the Director or their designee to designate an area as a development complex may appeal such decision to the City Council. The time for appealing this determination shall be limited to 7 days. The Building Official cannot issue a sign permit until the time for appeal has expired.

4. Joint identification signs will be treated as on-premises signs for all businesses located within the development complex whether or not they are located on the same legally described parcel as the sign. Joint identification signs can only identify those businesses or activities that are located within the development complex.

5. Each development complex shall be permitted 1 monument sign per public street frontage. For purposes of this section, a MONUMENT SIGN is defined as a freestanding sign not erected on 1 or more poles or other similar supports but erected to rest on the ground or on a base designed as an architectural unit with the sign. Individual on-premises ground signs will not be allowed for business located within the development complex. There shall be a minimum distance of 100 feet between joint identification signs. Each business will be allowed to have on-premises wall signs as allowed under this code.

6. Joint identification signs will be allowed to have a maximum area of 100 square feet or 1 square foot of sign for each 2 linear feet of street frontage of the development complex, whichever is greater. Provided that the total area of all signs on each frontage shall not exceed 200 square feet.

7. The maximum height of a joint identification sign shall be 15 feet.

8. Joint identification signs must be located on property that has been designated as part of the development complex. No joint identification sign can be located closer than 10 feet from any external boundary of the development complex.

1. Prior to removal, the governmental unit proposing to relocate the off-premise sign shall make an application to the Building Official for permission to relocate an off-premise sign. The governmental unit applying for permission to relocate an off-premise sign shall provide on its application its certification that the sign is being removed pursuant to its eminent domain authority for the purpose of undertaking the construction of a publicly funded construction project, the location, size, and a description of the existing off-premise sign, and all information required for applications for new off-premise signs for the proposed location of the new sign. The governmental unit is not required to supply off-premise sign credits to make the application under this section.

2. Upon receipt of the application from a governmental unit, the Building Official shall review the application for completeness. The Building Official shall have the request placed upon the next available Public Works agenda.

3. Prior to the next available Public Works agenda, the Building Official shall make an on-site inspection of the off-premise sign. If the Building Official determines that the off-premise sign that is the subject of the application for relocation is an illegal sign, he or she shall proceed in accordance with the provisions of this section regarding the removal of illegal signs. No illegal sign may be relocated. If the Building Official determines that the sign is not an illegal sign, he or she shall report that fact to the Public Works Committee.

4. Upon receipt of the application for relocation of the off-premise sign and the report of the Building Official, the Public Works Committee shall recommend to the Council whether to authorize the relocation of the off-premise sign.

5. Upon receipt of the recommendation of the Public Works Committee, the Council may authorize the removal and relocation of the off-premise sign. The decision of the Council is final.

6. Any off-premise sign relocated under the authority of this section shall be constructed in such a manner as to comply with the requirements of this section pertaining to the size, height, and all structural requirements of this section and all other provisions of the Rapid City Municipal Code regulating the construction of structures.

7. Upon the approval of the application for relocation, the governmental unit or the owner of the relocated sign may apply for a conditional use permit as required by Title 17 of the Rapid City Municipal Code. No sign authorized to be relocated under the provisions of this section shall be constructed until all the requirements of Title 17 are met.

1. Off-premises signs, where permitted, shall be regulated by the requirements of this section and § 17.50.080 of the Rapid City Municipal Code, as well as any other applicable requirements found in the Rapid City Municipal Code.

2. The owner of an off-premises sign is required to obtain a sign building permit pursuant to § 17.50.080 prior to building a new off-premises sign or making structural alterations to an existing off-premises sign.

3. If any zoning district requires a conditional use permit for an off-premises sign, prior to a sign building permit being issued pursuant to § 17.50.080, approval of the conditional use permit must be obtained. A conditional use permit is required for any new off-premises sign. A conditional use permit is not required for any work to an existing or approved off-premises sign, including converting to a digital sign. A major amendment to a conditional use permit is not required for work to an existing or approved off-premises sign if that work is in compliance with the requirements of this title.

4. Approval of a conditional use permit is required for the conversion of an on-premises sign to an off-premises sign as defined by this section and § 17.50.090F. and prior to a sign permit being issued pursuant to § 17.50.080.

1. Off-premises signs shall be ground signs only. Off-premises wall or roof signs are prohibited. Off-premises ground signs shall have no more than 1 structural support or pole. Off-premises sign structures shall be earth tone.

2. Off-premises signs shall have no more than 2 faces. Each face of an off-premises sign may have a maximum area of 250 square feet, except as provided in subsection B.4. The faces on an off-premises sign may be mounted parallel to each other, or may be angled to each other up to a maximum angle of 20 degrees.

3. The maximum height of an off-premises sign is 30 feet, except as provided in subsection B.4. Off-premises signs with a minimum clearance of less than 10 feet from grade shall be setback at least 10 feet from all public rights or way and property lines. Off-premises ground signs with a minimum clearance of 10 feet or more from grade may be setback 0 feet from all public rights of way or property lines. The lowest point of an off-premises sign which extends over an area intended for pedestrian use shall not be less than 8 feet above the finished grade below it. The lowest point of an off-premises sign which extends over an area intended for vehicular use shall not be less than 14 feet above the finished grade below it.

4. For off-premises signs which are located within 100 feet of the right of way for Interstate 90 and which advertise to traffic on Interstate 90, an off-premises sign may have a maximum area of 672 square feet and may have a maximum height of 40 feet.

5. Electrical service to all off-premises signs shall be provided by an underground service lateral. In no case shall overhead wires be attached in any manner to an off-premise sign.

6. New off-premises signs shall not be located less than 1,000 feet from any other off-premises sign. The distance between off-premises signs shall be measured from the base of the sign in all directions (radial feet). No off-premises sign shall be located nearer than 1,500 feet from the nearest off-premises signs as measured by the distance over a public road between a line that extends from the base of each sign to the nearest mid-point of any public road from which the sign is intended to be viewed.

7. All off-premises signs shall be at least 50 feet from any on-premises sign. This subsection B.7. shall not prevent the construction of an on-premises sign within 50 feet of a previously existing off-premises sign.

8. Off-premises signs shall be identified by a label, nameplate, or trademark identifying the owner of the sign, except those signs which are exempt under § 17.50.080H. of this code.

9. Off-premises signs shall not be placed in any railroad right-of-way.

10. Off-premises signs shall not be located within any clear sight triangle as set forth by the city's Municipal Code, Design Criteria Manuals or standard specifications.

11. Off-premises signs shall not be placed on any property without written consent of the property owner or the owner’s authorized agent. Applicants for an off-premises sign building permit shall provide the city with a copy of an easement or other legally binding document before receiving a permit. The city is not responsible for verifying the legality of the document, but will maintain a copy for its files.

1. Off-premise sign credit system. After March 22, 2013, off-premises sign credits shall be issued by the city’s Building Official to those owners of off-premises signs who have completely removed a previously existing, lawfully erected off-premise sign and all associated structures. Any outstanding sign credits issued by the city prior to adoption of this section will remain valid and can be used in an identical manner to sign credits that are issued under this section. All sign credits, including those previously issued are subject to the provisions of this section, §§ 17.50.080 and 17.50.090 of this code.

2. Requirements prior to issuance of credit. The process for issuance of off-premise sign credits is as follows:

3. Off-premise sign credit basis. The number of off-premises sign credits that may be issued for removal of an existing off-premises sign is determined as follows:

4. Transferability of sign credits; notice of transfer required. Off-premise sign credits are freely transferable through legal means; however, a transferee shall provide written notice of the transfer to the city by registered mail, return receipt requested, within 90 days following the transfer of the credit(s) or the sign credit(s) shall be void.

5. Usage. Off premise sign credits may only be used to erect a new off-premise sign if the proposed new sign is in full compliance with all requirements of the Rapid City Municipal Code and all applicable federal, state or local laws and regulations. The city has no obligation to guarantee that a sign credit may be utilized within the city during the life of the credit.

6. Sunset date for sign credit. An off-premises sign credit shall not exist in perpetuity. An off-premises sign credit shall terminate 2 decades after it has been issued unless utilized within 20 years from the date of issuance by the Building Official or unless the same has become void by operation of the provisions of this section. This section shall not apply to sign credits issued prior to June 9, 2011.

7. The city shall maintain a list of all unused off-premises sign credits and their expiration dates.

1. Notwithstanding any other provision of this code, any legal non-conforming off-premise sign may be reconstructed by the current permit holder in the same location as it currently exists so long as the alterations or reconstruction of the sign bring it into compliance with all of the provisions of the City Code with the exception of any spacing requirements between signs. A sign building permit is required to make the alterations allowed by this subsection E.1.

2. Whenever any off-premise sign is structurally altered, the current permit holder of the sign shall be eligible for off-premise sign credits as follows:

1. Submittal requirements. In addition to the requirements set forth in §§ 17.50.080, 17.50.100, and 17.54.030 of this code, all applications for conditional uses for off-premises signage shall include the following:

2. Criteria for review. The following criteria shall be considered in considering applications for conditional uses for off-premises advertising:

1. Unless it is otherwise exempt, the owner of an on-premises sign is required to obtain a sign building permit before constructing a new on-premises sign or before making structural alterations to an existing on-premises sign.

2. The owner of an on-premises sign may not sell advertising on such sign or otherwise enter into contracts which allow the sale of advertising on the sign.

3. A property where an on-premises sign is permitted may have both on-premises ground and on-premises wall signs.

4. No on-premises sign may be converted to an off-premises sign except as provided in § 17.50.090G. of this code.

5. Any on-premises sign which is illegally converted to an off-premises sign is declared unlawful and subject to removal pursuant to § 17.50.080C. of this code.

1. The maximum size of all on-premises ground signs for a single premises is 2 square feet in size for every lineal foot of lot frontage on a public street, except for premises which are located in the central business district and urban commercial district which shall be limited to 1.5 square feet in size for the first 25 feet of lot frontage on a public street and .5 square feet for the remaining lot frontage on a public street.

2. The maximum height of an on-premises ground sign is 45 feet.

3. On-premises ground signs with a minimum clearance of less than 10 feet from grade, or monument type ground signs, shall be setback at least 10 feet from all public rights of way and property lines. On-premises ground signs with a minimum clearance of 10 feet or more from grade may be setback 0 feet from all public rights of way or property lines.

4. There shall be a minimum separation distance of 100 feet from all on-premises ground signs located on the same premises.

1. The maximum size of all on-premises wall signs for a single premises is 2 square feet in size for every lineal foot of lot frontage on a public street, except for premises which are located in the central business district and urban commercial district which shall be limited to 1.5 square feet in size for the first 25 feet of lot frontage on a public street and .5 square feet for the remaining lot frontage on a public street. A premises with 16 feet or less of frontage on a public street may have an on-premises wall sign with a maximum area of 32 square feet in size, except for a premises located in the central business district and urban commercial district which shall be limited to an area of 24 square feet in size.

2. On-premises wall signs may be displayed on any side of a building or structure on the premises.

3. The face of an on-premises wall sign shall be parallel to the plane of the wall it is mounted on. An on-premises wall sign shall not project above or beyond the plane of the wall it is mounted on. In the area of the central business district and urban commercial district, each separate business entity may display 1 pedestrian-oriented sign for each wall of the building that faces a public street. These signs are limited to 5-foot projection, 8 square feet, 9-inch letters and 8-foot clearance.

1. Only the name or logo of the primary occupant of the building may be displayed on a roof sign.

2. The square footage of the new or structurally altered roof sign may not be greater than the existing roof sign.

3. If an existing roof sign is removed, it must be replaced within 180 days to be subject to this exception.

1. On-premises electronic message centers, reader boards and other signs that allow for the display of varying messages through either manual means, or by the use of a digital, plasma, or LCD display, or other similar technology are allowed.

2. The maximum area of an on-premises sign authorized by this section is 60 square feet.

3. Notwithstanding any other provisions of this code, on-premises signs utilizing a digital display or other similar technology authorized by this section may incorporate graphic, animated or scrolling messages, but may not incorporate full motion video.

1. The sign that is being converted must be a legal, pre-existing, on-premises sign.

2. The conversion of the sign from an on-premises sign to an off-premises must be the result of the subdivision of an existing platted parcel of land.

3. The Rapid City Common Council determines, based on the totality of the circumstances taking into consideration the size, location, height and design of the current sign, and the location and topography of the parcel being served by the sign, that allowing the existing sign to remain will not be contrary to the public interest and will be in the best interests of justice.

4. The process for getting approval to convert a legal on-premises sign to an off-premises sign under this exception is as follows:

5. Additional regulations that apply to converted signs:

1. Cannabis Products. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

2. Church. A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.

3. MEDICAL CANNABIS CULTIVATION FACILITY or CULTIVATION FACILITY. An enterprise, whether for profit or not, that carries on any activity involving the planting, growing, cultivation, harvesting, drying, curing, grading, or trimming of cannabis for the purpose of sale to others.

4. MEDICAL CANNABIS DISPENSARY or DISPENSARY. Means an enterprise, whether for profit or not, that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies.

5. MEDICAL CANNABIS ESTABLISHMENT. A business enterprise registered by the State of South Dakota Department of Health as a medical cannabis cultivation facility, a medical cannabis dispensary, a medical cannabis manufacturing facility, or a medical cannabis testing facility.

6. MEDICAL CANNABIS PRODUCT MANUFACTURING FACILITY or MANUFACTURING FACILITY. An enterprise, whether for profit or not, that carries on any activity involving the compounding, blending, extracting, infusing, or otherwise making or preparing of a cannabis product.

7. MEDICAL CANNABIS TESTING FACILITY or TESTING FACILITY. An enterprise, whether for profit or not, that undertakes any analysis to examine or determine the potency or safety of cannabis or cannabis products.

8. PUBLIC OR PRIVATE SCHOOL. Any kindergarten, elementary school, primary school, middle school, junior high school, high school, or alternative or other secondary school, whether public, private, or parochial.

9. PUBLIC PARK. A green space or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, swimming pool, athletic field, basketball or tennis courts, or other similar public land which is under the control, operation, or management of Rapid City park and recreation authorities.

10. RESIDENTIAL DISTRICT. LDR-1, LDR-2, MDR, HDR, MHR, and PF zoning districts, and any other district created after the effective date of Ordinance 6500 that may have residential uses as the primary intended purpose of the district. It shall also include properties zoned OC when developed as a residential use.

Any term not specifically defined herein shall have the meaning ascribed to it by Chapter 17.04 or applicable state law.

1. A medical cannabis establishment shall not be permitted to operate within 1,000 feet of a public or private school.

2. Cultivation and manufacturing facilities shall not be permitted to operate within 500 feet of a child care center, church, public park, or property zoned as a residential district.

3. A dispensary may be permitted to operate within 500 feet of a child care center, church, public park, or a property zoned as a residential district only by obtaining a conditional use permit pursuant to § 17.54.030, and division D. below.

4. All measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a medical cannabis establishment to the nearest property line of the premises of those facilities or boundaries outlined above.

1. All establishments must be wholly contained within an enclosed structure.

2. All applicants shall submit an operational plan detailing compliance with all applicable laws, regulations, administrative rules, and ordinances. The plan shall include an identification of the type of establishment, scaled drawings of the site and floorplan, operating hours, safety plans, security plans, and any other plans or information required by the Department of Health for registration as a medical cannabis establishment.

3. Applicants shall submit a waste management plan detailing waste handling and security. Wastewater pretreatment processes shall also be submitted if the medical cannabis establishment qualifies as an industrial user.

4. Applicants shall submit an odor control plan that shows all ventilation, odor abatement, and any other measures taken to prevent nuisances. The premises of an establishment shall be properly ventilated and the exhaust air filtered or treated to neutralize the odor from cannabis so that the odor cannot be detected by a person with a normal sense of smell at the property line of the premises or on any adjoining property. No operable windows or exhaust vents shall be located on the building façade that abuts a residential use or zone. Exhaust vents on rooftops shall direct exhaust away from residential uses or zones.

5. Applicant shall submit a survey stamped by a professional licensed surveyor, if required by the Director, to show distances to schools, churches, parks, or residential zoned property. The survey may be required by the Director if the distances required above are within 5% of the requirement as shown by the city's GIS Division's mapping application.

6. Registration with the South Dakota Department of Health shall be required for operation of any medical cannabis establishment. Failure to obtain a registration certificate, or revocation of a registration certificate, shall disqualify the establishment as a permitted use in all zoning districts and shall be sufficient cause for revocation of a conditional use permit.

1. The following property development standards shall apply for all manufactured home parks established after the adoption date of this title; however, no manufactured home park presently existing shall be expanded except in conformity with this section.

2. The manufactured home park shall be subject to the density provisions of the district in which it is located; provided, however, there shall be not less than 3,000 square feet of lot area for each space provided on the site. This space ratio shall include access roads, automobile parking, accessory building space and recreational area. Height of manufactured homes shall not exceed 30 feet, and height of accessory structures shall be as regulated by the applicable zoning district per Title 17.

3. There shall be established and maintained within each park 2 parking spaces per manufactured home for the use of residents plus a minimum of 1 parking space per 4 manufactured homes for use by guests.

4. Manufactured home spaces must abut upon an unobstructed interior park road of not less than 20 feet in width. Vehicular access shall be provided from a public street. All dead-end interior park roads in excess of 150 feet in length shall include an approved emergency vehicle turning area.

5. Each manufactured home space shall be provided with a water connection and a connection to the city's sanitary sewer lines.

6. Each manufactured home park shall be provided with a management office. Service buildings shall be provided as necessary.

7. Manufactured homes shall not be used for commercial, industrial, or other nonresidential uses within manufactured home parks.

8. Clearances for all structures within a manufactured home park shall comply with Chapter 15.48 of this code.

9. Setbacks from all exterior property boundaries shall comply with the provisions of the applicable zoning district.

1. In reviewing requests for a conditional use for child care centers, the Council may, in addition to the criteria included in § 17.54.030E. consider the following:

2. The Council, in reviewing requests for a conditional use for child care centers in commercial and light industrial zoning districts, may consider, in addition to the preceding considerations, the following:

1. Play space of not less than 35 square feet per child shall be provided. Play space shall not include floor space used for permanent and stationary equipment, storage, halls, bathrooms, offices and kitchens. No more than half of the space occupied by cribs shall be used in determining total square feet of play space.

2. A fenced-in play area of not less than 50 square feet per child shall be provided. The play area shall not be closer than 25 feet to any property line which abuts the right-of-way of a public street. The fence shall have a minimum height of 4 feet. If an outdoor play area is not provided, play space provided shall not be less than 70 square feet per child. Any outdoor area in which children are permitted to play shall be fenced. The height and location of existing fences for child care centers currently operating under an approved conditional use as of the effective date of the ordinance codified in this section are deemed to meet the requirements of this section.

3. A fenced outdoor play area shall not be required if a child care center exclusively provides a structured preschool instruction program to a particular child for not more than 4 hours per day, and children are not permitted to play outside. Such a center shall provide the required play space as defined in subdivision 2. of this subsection if children are permitted to play outside.

1. Schedule of center operation;

2. Number of children served by the center;

3. Location of parking and unloading facilities relative to the structure and its entrances; and

4. Proximity of the center to major streets.

1. The number of vehicular access driveways permitted on any single street frontage should be limited to:

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

1. Lot area. There shall be a lot area of not less than 10,000 square feet.

2. Front yard.

3. Side yard.

4. Rear yard. Each lot shall have a rear yard of not less than 10 feet.

5. Lot width. Each lot shall have a width at the front building line of not less than 75 feet.

6. Maximum lot coverage. The maximum lot area which may be covered by any principal and accessory building shall not exceed 40%.

7. Off-street parking. As regulated in § 17.50.270.

8. Height restrictions. No principal building or structure shall exceed 2 stories or 35 feet in height except as provided in § 17.50.260.

1. ADULT ENTERTAINMENT CENTER. An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility, or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which contains 1 or more coinoperated mechanisms which when activated permit a customer to view 1 or more live persons unclothed or in such attire, costume or clothing as to expose to view any portion of the areola of the female breast, or any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva or genitals.

2. ADULTS-ONLY BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein.

3. ADULTS-ONLY MOTION PICTURE THEATER. An enclosed building used regularly and routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for observation by patrons therein.

4. NUDITY. The showing of the human male or female genitals, pubic area or buttocks, or areola of the female breast with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state.

5. SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

6. SEXUAL CONDUCT. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals, pubic area, buttocks or, if such person be a female, her breast.

7. SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

8. SEXUALLY ORIENTED BUSINESS. An adult entertainment center, adults-only bookstore, adult novelty store, adult video store, or adults-only motion picture theater whose inventory, merchandise, or performances are characterized by a preponderance of nudity, sexual conduct, sadomasochistic abuse, and/or sexual excitement.

9. RESIDENTIAL DISTRICT. Any land within the city limits of Rapid City zoned as LDR-l , LDR-2, MDR, HDR. MHR. and PF.

1. Adults-only bookstores, adult novelty stores, and adult video stores;

2. Adults-only motion picture theaters;

3. Adult entertainment centers.

1. A sexually oriented business shall not be permitted to operate within 1,000 feet of:

2. A sexually oriented business shall not be permitted to operate within 1,000 feet of another sexually oriented business.

3. For the purposes of paragraph 1., measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of those facilities or boundaries outlined in paragraph 1.

4. For the purposes of paragraph 2. of this section, the distance between any 2 sexually oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

1. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from persons walking or driving by the premises;

2. Window areas shall be covered and opaque.

1. Shelter to house domestic animal pets, but not exceeding 2 shelters per dwelling;

2. Children's playhouse and playground equipment;

3. Incinerator, incidental to the principal use only;

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

5. Private garage or carport;

6. Private swimming pool and bathhouse;

7. Shed for the storage of maintenance or recreation equipment used on the premises; and

8. Accessory dwelling units as regulated by § 17.50.219.

1. Parish house, or residence for the clergymen of the congregation; and

2. Religious education building.

1. Convent or lay teacher's quarters;

2. Dormitories;

3. Power or heating plants;

4. Stadiums, gymnasiums, fieldhouses, game courts or fields; and

5. Fallout or civil defense shelters of the type and construction meeting the Department of Civil Defense Specifications.

1. Dwelling for caretaker;

2. Maintenance equipment storage shed;

3. Pro shop; and

4. Lounge and dining area.

1. Staff quarters;

2. Laundry, incidental to the principal use only;

3. Medical and nursing instruction; and

4. Chapel.

1. Offices;

2. Restaurants or cafeterias;

3. First-aid clinics or dispensaries;

4. Watchmen's quarters; and

5. Research or pilot structures.

1. All mobile food vendors must abide by all federal, state, and local laws, rules, and regulations. Mobile food vendors must operate in compliance with all state laws and regulations and must maintain continuous licensure with the South Dakota Department of Health.

2. Mobile food vendors may vend only on private or public property with the consent of the property owner and may not encroach into any right-of-way adjoining the property with the mobile food vending establishment or any accessory items such as trash cans, tables, chairs, etc. If requested by the city, a mobile food vendor shall promptly provide proof of a property owner's consent to operate on the property.

3. Mobile food vending is allowed as an accessory use in the following situations:

4. The vendor shall not conduct any vending in a way that causes congestion or blocking of vehicle or pedestrian traffic or fire lanes. Each vendor has an affirmative and independent duty to determine the safety and suitability of any particular location of operation and to operate in a manner reasonably calculated to avoid and prevent harm to people and to other vehicles.

5. All areas within and surrounding a mobile food service establishment must be maintained in a clean, neat, and sanitary condition. A mobile food vendor shall provide 1 private trash bin and 1 private recycling bin for public use with capacity of no less than 13 gallons each. Trash bins shall be anchored or otherwise secured upright. A mobile food vendor shall remove all litter generated by its operation at the vendor’s expense. The mobile food vendor shall not place trash or litter from the mobile food vending establishment in any unauthorized private or city receptacle.

6. Umbrellas and canopies must be designed to be secure during windy conditions. Umbrellas and canopies must be at least 7 feet above the ground when open and may not protrude into the right-of-way.

7. All mobile food vendors must ensure that individuals with disabilities have comparable access to mobile food vending establishment. If existing designs cannot be modified to be accessible to people with disabilities, the method of providing service must be modified to become accessible.

8. A mobile food vending establishment cannot be permanently located on any property and cannot function as a permanent structure.

9. Mobile food vendors may not vend alcohol unless they comply with all applicable city and state regulations, including compliance with Chapter 5.12 and with this title.

1. Vend in the public right-of-way, including on any public street, alley, sidewalk, or in any on-street parking space, except in the following situations:

2. Operate a mobile food establishment within 300 feet of any event held in the Central Business District without obtaining written permission from the event sponsor;

3. Operate within a city park without receiving permission or obtaining a vendor permit, as applicable, from the Parks and Recreation Department;

4. Place any object that blocks any pedestrian pathway or ADA access;

5. Utilize any signage other than signage that is affixed to the exterior of the mobile food vending establishment or other than 2 additional banners or signs located within 100 feet of the establishment; or

6. Project audible amplified music or sound or make any unreasonably loud noise for the purpose of advertising or attracting attention to the mobile food vending establishment.

1. The construction of a 6-foot tall chain link fence with locking gate around the tower;

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

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

1. An applicant for a building permit for a wind energy conversion system shall submit plans and specifications stamped by a registered engineer.

2. Lightning Protection. Any wind energy conversion system 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.

1. Any wind energy conversion system which has not been used for a period of 6 months or more shall be declared abandoned. Upon 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 the following criteria apply:

2. 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.

1. The construction of a 6-foot tall chain link fence with locking gate around the tower;

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

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

1. An applicant for a building permit for a vertical axis wind turbine shall submit plans and specifications stamped by a registered engineer.

2. Lightning protection. Any vertical axis wind turbine 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.

1. Any vertical axis wind turbine which has not been used for a period of 6 months or more shall be declared abandoned. Upon 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 vertical axis wind turbine has not been used if the following criteria apply:

2. If deemed appropriate, the city may stipulate through the conditional use that the vertical axis wind turbine shall be removed at the owner’s expense, upon the rezoning of the subject property to a zoning district classification in which the vertical axis wind turbines are not allowed as either a permitted use or conditional use.

1. Within or attached to a single-family residential building; or

2. Within a detached accessory structure associated with a single-family dwelling that is smaller than the primary structure, on a permanent foundation, and is not a recreational vehicle.

1. Detached accessory dwelling units may not be located in the front yard.

2. Lot coverage shall not exceed the maximum lot coverage allowed in the underlying zoning district. A detached accessory dwelling unit shall not cover more than 10% of the lot area.

3. A detached accessory dwelling unit shall be smaller than the footprint of the primary dwelling unit. The footprint of the primary dwelling unit does not include any attached garage.

4. Accessory dwelling units on lots with a lot area of less than 6,500 square feet shall be located within the main structure only and shall not be located in a detached accessory unit.

1. Submit a fee set by resolution of the Common Council with a completed registration form including a site plan that shows property lines and dimensions, existing buildings and building entrances, proposed buildings or additions, dimensions from buildings or additions to property lines, parking stalls, garbage collection points, utility meters, and utilities (public and private), including water and wastewater services from mains to the building(s) being served;

2. Include floor plans with labels on rooms indicating uses or proposed uses and points of access;

3. Pay building permit fees, if applicable, for the construction of a new dwelling, or the remodeling of an existing dwelling, in accordance with the established fees and charges set by resolution of the Common Council;

4. For existing accessory dwelling units, demonstrate compliance with subsection O. For accessory dwelling units constructed after the adoption of this section, demonstrate compliance with all applicable city ordinances for accessory dwelling units; and

5. Provide additional information as requested by the Director of Community Development.

1. Temporary overnight recreational vehicle parking facilities are allowed as a conditional use or as part of a planned commercial development in the general commercial shopping center I and shopping center II zoning districts as an accessory use to an existing legal use.

2. Temporary overnight recreational vehicle parking facilities are only allowed in parking lots with more than 100 off-street parking spaces in accordance with all provisions of Chapter 17.50 of the Rapid City zoning ordinance.

3. Not more than 10% of the off-street parking spaces may be designated and utilized for temporary overnight recreational vehicle parking facilities.

4. All off-street parking spaces designated for use as temporary overnight recreational vehicle parking facilities shall be located a minimum of 600 feet from any property utilized for residential purposes and 300 feet from any property utilized for commercial purposes.

1. A recreational vehicle may be parked in the temporary overnight recreational vehicle parking facilities on a property for not more than 24 hours and shall be removed from the site for a minimum of 5 days following. In no case shall a recreational vehicle utilize the temporary overnight recreational vehicle parking facilities on a site for more than 7 days in any calendar year.

2. All recreational vehicles shall fully be contained. No connections to electric, wastewater or water facilities shall be allowed. No generators shall be utilized on this site.

3. No dumping of wastewater or gray water shall be allowed on the site.

4. The temporary overnight recreational vehicle parking facilities shall continually be maintained in a litter-free condition.

1. In any nonresidential or general agricultural district, a temporary use permit may be issued for a period not to exceed 30 days for a temporary trailer park or campground provided such use is required to serve a special event and the following requirements are met:

2. For purposes of this subsection, a special event shall be defined as any event occurring within the city, county or a neighboring county which the Common Council recognizes as such by resolution.

3. A permit shall be required whenever a gathering of 15 or more persons for a period exceeding 36 hours is proposed. The permit fee shall equal $75.

4. A campsite shall contain a maximum of 10 persons.

1. Temporary structures may not exceed 200 square feet in floor area nor exceed 15 feet in height.

2. All temporary businesses or structures must provide proof that the requirements of the Rapid City Municipal Code, South Dakota Department of Revenue, South Dakota Department of Health, South Dakota Electrical Code and the South Dakota State Plumbing Code for licensing, plumbing and electrical are being met.

3. An individual temporary use may occupy a property for not more than 14 days and shall vacate the property for a period of 180 days.

4. The fee for a temporary use permit shall be $50. In the case of an event, only 1 temporary use permit shall be required notwithstanding the number of businesses or vendors.

5. All temporary structures shall contain approved toilet facilities or shall have contracted with the owners of permanent toilet facilities within 300 feet for employee access to the facilities. Operations that include prepared foods or beverages shall provide or have contracted for access to approved toilet facilities by customers of the business.

6. All temporary structures and displays shall be located outside of clear sight triangles at streets, alleys and driveways.

7. All temporary structures and displays shall be located outside of the front yard setbacks.

8. All temporary business operators shall provide a minimum of 2 off-street parking spaces. Additional parking may be required upon review by the Director in accordance with § 17.50.270E. of this code. Access to and circulation upon the site shall be subject to review. The temporary use or parking may not occupy an area required for parking for another use.

9. Each temporary business may display 1 sign to advertise the business. The sign shall be in compliance with the Rapid City sign code, except that the sign may be no larger than 8 square feet.

1. Seasonal retail structures may not exceed 200 square feet in floor area nor exceed 15 feet in height.

2. All seasonal retail businesses or structures must provide proof that the requirements of the Rapid City Municipal Code, South Dakota Department of Revenue, South Dakota Department of Health, South Dakota Electrical Code and the South Dakota State Plumbing Code for licensing, plumbing and electrical are being met.

3. An individual seasonal retail business shall occupy a property for not more than 120 days and shall vacate the property for a period of 120 days.

4. The fee for an individual seasonal retail business or structure permit shall be $150.

5. All seasonal retail businesses or structures shall contain approved toilet facilities or shall have contracted with the owners of permanent toilet facilities within 300 feet for employee access to the facilities. Operations that include prepared food or beverages shall provide or have contracted for access to approved toilet facilities by customers of the business.

6. All seasonal retail structures and displays shall be located outside of clear sight triangles at streets, alleys and driveways.

7. All seasonal retail structures and displays shall be located outside of the front yard setbacks.

8. All seasonal retail business or structure operators shall provide a minimum of 2 off- street parking spaces. Additional parking may be required upon review by the Director in accordance with § 17.50.270E. of this code. Access to and circulation upon the site shall be subject to review. The seasonal retail business or structure or parking may not occupy an area required for parking for another use.

9. Each seasonal retail business or structure may display 1 sign to advertise the business. The sign shall be in compliance with the Rapid City sign code, except that the sign may be no larger than 8 square feet.

1. Structures may not exceed 200 square feet in floor area nor exceed 15 feet in height.

2. All continuous retail businesses or structures must provide proof that the requirements of the South Dakota Department of Revenue, South Dakota Department of Health, South Dakota Electrical Code and the South Dakota State Plumbing Code for licensing, plumbing and electrical are being met.

3. The fee for a continuous retail business or structure permit shall be $250.

4. All continuous retail businesses or structures shall contain approved toilet facilities or shall have contracted with the owners of permanent toilet facilities within 300 feet for employee access to the facilities. Operations that include prepared food or beverages shall provide or have contracted for access to approved toilet facilities by customers of the business.

5. All continuous retail structures and displays shall be located outside of clear sight triangles at streets, alleys and driveways.

6. All continuous retail businesses shall be located outside of the front yard setback.

7. All continuous retail structures shall be anchored to safeguard against movement from high winds or floodwaters in accordance with plans prepared by a professional engineer and approved by the city building official.

8. All continuous retail business or structure operators shall provide a minimum of 2 off-street parking spaces. Additional parking may be required upon review by the Director in accordance with § 17.50.270E. of this code. Access to and circulation upon the site shall be subject to review. The continuous retail business or structure or parking may not occupy an area required for parking for another use.

9. Each continuous retail business or structure may display 1 sign to advertise the business. The sign shall be in compliance with the Rapid City sign code, except that the sign may be no larger than 8 square feet.

10. A continuous retail business shall be valid for a period of 2 years. At the conclusion of the second year of operation the continuous retail business shall either come into full compliance with the current building codes adopted by the City of Rapid City or cease operation and vacate the property.

1. Awnings and canopies, as provided for in the current building codes adopted by the City of Rapid City;

2. Bay windows and chimneys, not to exceed 2 feet;

3. Driveways, curbs, sidewalks and steps, provided, however, steps or stairs to a dwelling, non-enclosed, not to exceed 6 feet;

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

5. Flagpoles;

6. Garbage disposal equipment, nonpermanent;

7. Landscape features, planting boxes and recreational equipment;

8. Overhanging roof, eave, gutter, cornice or other architectural feature, not to exceed 3 feet. Open fire escapes may extend into any required yard not more than 6 feet;

9. Parking space subject to the regulations set forth in § 17.50.270;

10. Signs, subject to the regulations set forth in §§ 17.50.080 through 17.50.100;

11. Terraces (open) and porches (nonenclosed) not to exceed 6 feet;

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

1. No object may intrude into the sight triangle as provided in § 17.50.335.

2. In any required front yard, except as provided in subsection B.1. of this section, no fence, wall, hedge or yard ornament shall be permitted which materially impedes vision across such yard above the height of 3½ feet.

1. Residential districts. In residential districts, if 25% or more of the lots on 1 side of the street between 2 intersecting streets are improved with buildings all of which have observed an average setback line of greater than 25 feet, and no building varies more than 5 feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but, this regulation shall not require a front yard of a greater depth than 50 feet.

2. Frontage on more than 1 street. Lots having frontage on more than 1 street shall provide the required front yards along those streets.

3. Division of a lot. No recorded lot shall be divided into 2 or more lots unless such division results in the creation of lots each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this title shall be permitted.

4. Dwellings on small lots. Where there are existing recorded lots which do not meet the minimum lot area requirement, single-family dwellings may be constructed as long as a side yard shall be not less than 4 feet and the sum of the side yards shall be not less than 12 feet and as long as all other requirements, except lot size, are met.

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

6. Dwelling not abutting. No dwelling shall be erected on a lot which does not abut on at least 1 street for at least 25 feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.

7. Garages. An attached garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line. A detached private garage which faces on a street shall not be located closer than 35 feet to the street right-of-way line.

8. Accessory buildings. Accessory buildings shall not be located closer than 35 feet from the street right-of-way line.

9. Provisions for wheelchair ramps. The Director may authorize an exception to allow a wheelchair ramp within a required setback in compliance with the following criteria:

1. Agricultural buildings: barn, silo, windmill, but not including dwellings;

2. Chimneys, smokestacks, penthouse, spires, flagpoles, ventilators, skylights, derricks, conveyors, and cooling towers;

3. Radio and television antennas and towers, observation towers, power transmission towers and cellular communication towers;

4. Water tanks and standpipes; and

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

1. It is the duty of the owner or occupant of any real property outside the central business district (CBD), jointly and severally, to provide off-street parking in accordance with the standards established by this chapter. However, any parking that is optionally provided in the central business district must comply with subsection H., Parking for Persons with Disabilities, of this section. In the urban commercial zoning district, parking shall be provided pursuant to § 17.66.060. The regulations in this chapter shall apply to parking in the urban commercial district only when not in conflict with § 17.66.060.

2. Every building, or portion of building hereafter erected, and every initiation or expansion of use involving an existing building, shall be provided with permanently maintained parking space as provided in this chapter.

3. Prior to the issuance of a building permit for a multilevel parking facility, a planned commercial development (PCD) or planned light industrial development (PLID) shall be approved. As a part of the planned development review, pursuant to §§ 17.50.100 and 17.50.105 of this code, the Rapid City Planning Commission or Rapid City Common Council may impose specific design or compatibility standards.

1. A use is initiated when:

2. A use is expanded when:

1. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Director. Such determination shall be based upon Parking Generation published by the Institute of Transportation Engineers (ITE).

2. Where new construction is proposed in a commercial or industrial district, but no definite use is specified, parking requirements shall be calculated as follows:

3. When a use is to be initiated or changed in any vacant or occupied building or portion thereof the parking required for the combined uses shall be reviewed by the Department, based upon this title and Parking Generation published by the Institute of Transportation Engineers (ITE). The determination of the Department shall establish the total number of parking spaces required.

1. Size and access. Each off-street parking space shall be rectangular, and not less than 9 feet in width and 18 feet in length regardless of the angle of parking. Each commercial or multiple-family parking space shall be served by an aisle which meets or exceeds the standards set forth in these regulations. When curbs or curb stops are employed, up to 2 feet of the stall length may overhang the curb. Stalls may overhang sidewalks provided 4-foot wide usable sidewalks are retained and public rights-of-way are not encroached upon.

2. Aisle length. Parking lot aisles of over 150 feet in length shall have either an approved method of emergency vehicle egress deemed acceptable by the Rapid City Fire Marshal or a turnaround which will accommodate a 30-foot vehicle with a 42-foot turning radius.

3. Locations.

4. Clear sight triangles. Parking spaces and areas shall not be allowed which would obstruct the required sight triangle as provided in § 17.50.335 when such parking space or area is being occupied.

5. Mixed occupancies in a building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for 1 use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for shared use.

6. Shared parking facilities.

1. Entrances and exits.

2. Circulation. Circulation within a parking area shall be such that a vehicle entering the parking area need not enter a public right-of-way to reach another aisle and that a vehicle need not enter a public right-of-way backwards. This provision shall not apply to off-street parking required for 1- or 2-family dwelling units.

3. Surfacing. Off-street parking areas shall be paved and maintained so as to eliminate dust or mud. Paved parking facilities shall comply with standards established in Ordinance 1976, as approved by the Common Council on October 9, 1980, as administered by the City Engineer, and on file in the Finance Office.

4. Dust palliative. All commercial, light industrial and heavy industrial uses which involve outdoor storage shall apply a dust palliative approved by the City Engineer to all unpaved areas utilized for storage. An approved dust palliative shall be applied annually or as directed by the Engineering Division. Vehicle or equipment maneuvering areas and approaches to permanent loading docks shall be paved as set forth in Minimum Standards for Construction of Parking Lots, June 16, 1980.

5. Drainage. Off-street parking areas shall be graded and drained as to dispose of all surface water with drainage directed toward curb cuts when possible. Parking facilities may be designed to function as metered stormwater detention facilities, when in connection with a master drainage plan and as approved by the City Engineering Division.

6. Markings. Except for 1- and 2-family uses, all parking facilities shall be marked with striping paint as shown on the approved building permit. Aisles, approach lanes, stalls, handicapped stalls and designated no parking areas shall be clearly marked with direction arrows, lines and symbols to assure the safe and efficient movement of vehicles. CLEARLY MARKED is defined as displaying a visibly-defined edge. Whenever parking lots are re-striped, any parking facility which does not meet the standards set forth in subsections H.4. through H.6. of this section shall be made to comply with subsections H.4. through H.6. of this section involving parking for persons with disabilities.

7. Border, barricades, screening and landscaping. Off-street parking areas shall conform to the regulations set forth in the landscape ordinance, § 17.50.300. Tree planting in the right-of-way is permitted as provided in § 12.32.080 of this code, landscape requirements.

8. Lighting. All parking areas except single-family residential shall be provided with lighting when evening usage is anticipated. The lighting shall be arranged so as to provide security and to reflect light toward the parking area.

9. Bond for completion. When the required off-street parking area cannot be paved at the time of issuance of the certificate of occupancy, the Chief Building Official shall require a surety in an amount equal to the estimated cost of paving and improvements which will provide for and secure through an improvements agreement the paving completion within 1 paving season. All bonds and other methods of guarantee shall be approved by the City Attorney.

1. Provision of parking. In addition to the general requirements for parking provided for under subsection G. of this section, accessible parking facilities for persons with disabilities shall be provided in accordance with this subsection. Accessible parking for a particular building must be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. If there are multiple accessible entrances to the building, the accessible spaces must be dispersed and located closest to the accessible entrances. For parking facilities which do not serve a specific use or building, the accessible parking shall be located on the shortest accessible route to the nearest accessible pedestrian entrance to the parking facility. Accessible spaces may be provided off-site in accordance with this chapter as long as accessibility is not jeopardized.

2. Accessible route. A minimum of 1 accessible route meeting the requirements of this section must be provided between the building’s accessible entrance and the accessible parking spaces, passenger loading zones, and public streets or sidewalks. An accessible route shall meet the following requirements:

3. Ramps. The least possible slope shall be used for any ramp. The maximum rise for any run shall be 30 inches. The maximum slope for any new ramp shall be 1:12 unless otherwise allowed by this code. Curb ramps and other exterior ramps constructed in areas where space limitations prevent a 1:12 slope may have slopes and rises as follows: (a) a slope between 1:10 and 1:12 is allowed for a maximum rise of 6 inches; (b) a slope between 1:8 and 1:10 is allowed for a maximum rise of 3 inches. No slope steeper than 1:8 is allowed. The minimum clear width of a ramp shall be 36 inches. Ramps shall have level landings at the top and bottom of each ramp and each ramp run. These landings shall: (a) be twice as wide as the ramp run leading to it; (b) landing length shall be at least 60 inches clear; (c) if ramps change directions then the landing size shall be 60 by 60 inches; (d) if a doorway is located at a landing, the area in front of the doorway shall comply with 4.15.6 of ADA. Handrails shall be provided in compliance with 4.8.5 of ADA if a ramp run has a rise greater than 6 inches or a horizontal projection greater than 72 inches.

4. Spaces required.

5. Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility (see Figure H.5-1 of the technical drawings on file in the Department). Van accessible parking shall include this symbol of accessibility sign plus an additional van-accessible sign mounted below the symbol of accessibility sign. (see Figure H.5-2 of the technical drawings on file in the Department). Such signs must be located so they cannot be obscured by a vehicle parked in the space and so they are visible from the driver’s seat of the vehicle parked in the space. Such signs must be located on a permanent supporting post or on an adjacent wall.

6. Parking spaces.

7. Protruding objects. Objects projecting from walls, with their leading edges between 27 inches and 80 inches above the finished floor, shall protrude no more than 4 inches into walks, passageways or aisles (see Figure H.7-1 of the technical drawings on file in the Department). Objects mounted with their leading edges at or below 27 inches above the finished floor may protrude any amount (see Figures H.2d-1 and H.7-1 of the technical drawings on file in the Department). Freestanding objects mounted on posts or pylons may overhang a maximum of 12 inches, from 27 inches to 80 inches above the ground or finished floor. Protruding objects shall not reduce the clear width of an accessible route or maneuvering space (see Figure H.7-2 of the technical drawings on file in the Department).

8. Passenger loading zones. Passenger loading zones shall provide an access aisle at least 60 inches wide and 20 feet long, adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with subsection H.3. of this section shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes, not exceeding 1:50 (2%) in all directions. Any loading zone must maintain a minimum of 114 inches of vertical headroom. This 114-inch clearance is also required along at least 1 vehicle route from the passenger loading zone to the site entrance and exit. For purposes of this chapter, valet parking areas shall meet the same requirements as passenger loading zones.

9. Addition of accessible parking in existing parking lot. Whenever a parking facility, which does not meet the requirements of subsections H.4., H.5. or H.6. of this section, is re-striped, or when existing parking markings are to be repainted, such parking markings shall be altered to conform to the requirements of subsections H.4., H.5. or H.6. of this section. If the entity providing the parking facility is required to eliminate 1 or more parking spaces to comply with this provision, such elimination shall be permitted without requiring a variance to the parking requirements.

1. Unless the vehicle or trailer is parked or stored in a fully enclosed garage, it is unlawful for any person to store or park a vehicle or trailer on any lot in a residential zoning district or in any right-of-way in a residential zoning district that exceeds any of the following:

2. The restrictions in subsection B. shall not apply to recreational vehicles. For purposes of this section, a RECREATIONAL VEHICLE is defined as a motor vehicle or trailer, including a motorhome, campervan, travel trailer, camper trailer, popup camper, or truck camper, designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use.

3. For the purposes of the measurement of vehicle or trailer dimensions, the height of a vehicle or trailer shall be the vertical distance between the lowest part of the tires of the measured vehicle or trailer to the top of the highest part of the vehicle or trailer. The length of a vehicle or trailer shall be the horizontal distance between the front edge of the vehicle or trailer to the rear edge of the vehicle or trailer. For purposes of these measurements, accessories, attachments and materials fixed or carried upon such vehicle or trailer, including boats, shall be considered part of the vehicle or trailer, with the exception of aerial antennas and wakeboard towers. For purposes of this section, a WAKEBOARD TOWER is defined as a tower designed to elevate the pulling position of an attached rope, allowing a rider utilizing the rope to launch and stay in the air longer reducing the pull downwards. A wakeboard tower includes accessories, such as racks, speakers, lights, and mirrors, attached to the tower.

1. Up to five vehicles and/or trailers may be temporarily parked in a residential zoning district in conjunction with provision of service to a lot in a residential zoning district pursuant to one of the following situations:

2. If no more than five vehicles and/or trailers are temporarily parked in a residential zoning district in conjunction with provision of service to a lot in a residential zoning district pursuant to one of the situations in subsections D.1.a. through D.1.g., then the provisions in subsections A. through C. of § 17.50.280 are not applicable to those vehicles and/or trailers that are temporarily parked.

1. The minimum size of loading spaces shall be 12 feet in width, 40 feet in length and 14 feet in vertical clearance.

2. All permanent off-street loading, unloading and maneuvering areas shall be paved per the Minimum Standards for Construction of Parking Lots approved June 16, 1980.

3. Off-street dock areas shall be located so that trucks using the docks do not encroach upon any public right-of-way, street or alley, and entrances and exits shall be located to minimize traffic congestion.

4. An off-street loading or unloading area for commercial and industrial vehicles shall be large enough to meet minimum turning radii of the outside wheel paths listed in the following table:

1. The objective of these regulations is to establish requirements for the installation and maintenance of landscape elements:

2. See general requirements, subsection F of this section, to determine minimum specifications for all plant material for which credit will be given in complying with the requirements of these regulations.

1. ACCESSWAY. A paved area intended to provide ingress and egress of vehicular traffic from a public right-of-way to an off-street parking area or loading area.

2. BERM. A mound of dirt used for screening or landscaping purposes which is planted with low-lying shrubs or groundcover so as to prevent erosion.

3. BUFFER. A visual screen, composed of masonry, wood or plantings, or a combination thereof, which will be a minimum of 80% opaque.

4. DEVELOPED AREA. That portion of a plot or parcel upon which a building, structure, pavement or other improvements have been placed which does not meet the definition of “undeveloped area.”

5. FRONTAGE. Lineal distance measured along each street right-of-way.

6. GROUNDCOVER. Low-growing plants planted in such a manner as to form a continuous cover over the ground.

7. LANDSCAPE DEVELOPMENT. Trees, shrubs, groundcover, vines, grasses or earthen berms installed in planting areas for the purpose of fulfilling the requirements of these regulations. (This shall not include rock nor artificial plant materials.)

8. PAVED GROUND SURFACE AREA. Any paved ground surface area (excepting public right-of-way) used for the purpose of driving, parking, storing or displaying of vehicles, boats, trailers and mobile homes, including new and used care lots and other open lot uses.

9. PLANTING AREA. Any area designed for landscape planting having a minimum of 25 square feet of actual plantable area.

10. RECONSTRUCTION. Rehabilitation or replacement of a structure or structures on property which either have been damaged, altered or removed.

11. SHRUB. A woody plant that usually remains low (minimum 2 feet in height) and produces shoots or trunks from the base. It is not usually treelike nor single stemmed.

12. SPREAD. The diameter of tree foliage measured at the broadest point of the tree.

13. TREE. Any self-supporting woody plant which usually produces 1 main trunk and which normally grows to a minimum of 15 feet in height.

14. UNDEVELOPED AREA. That portion of a plot or parcel not occupied by a building, structure, pavement or other improvements and which spans the entire length or width of the property and which is at least 75 feet deep. All undeveloped areas must have a sufficient cover of hardy native plant materials or grass.

15. XERISCAPING. The planting and maintenance of materials which are appropriate for the local conditions requiring little or no irrigation or maintenance.

1. Landscape requirements.

2. Determining required amount of landscape material.

1. Applicability new development. The requirements and standards for the installation and maintenance of landscape elements and site improvements as set forth herein shall apply to all developing commercial, industrial and multifamily areas within the city as per the zoning ordinance. All new development or construction which involves the creation of a building or a parking area or the paving of a parking area shall be in full compliance with the provisions of these regulations.

2. Existing development areas– nonconformance–compliance required. All property with existing development on the effective date of these regulations which is not in compliance with the provisions of these regulations shall be considered nonconforming and allowed to continue until such time as a building permit is granted to enlarge by 20% or more a structure or parking lot on the property or increase the occupant load by 20% or more. Compliance with these regulations for existing development in the urban commercial district is required pursuant to § 17.66.060. A plan showing existing and new development, and the existing and proposed landscaping shall be submitted in accordance with subsection G of this section.

1. Installation. All landscaping shall be installed in a sound workmanship-like manner according to accepted good planting and xeriscaping procedures and according to the approved plan. If at the time of final inspection all the requirements of these regulations have not been completed in a satisfactory manner, a certificate of occupancy shall not be issued unless the builder or owner has provided a monetary security guarantee (see subsection J. of this section, security guarantee). All required landscaping shall be installed as per plans submitted.

2. Sight distance for landscaping. Landscaping may not obstruct the required sight triangles as provided in § 17.50.335, except as follows: Trees may be allowed in the required site triangle if the tree is located more than 30 feet from the intersection of the curb lines and the trees shall have a minimum of 40-foot spacing between trees; provided that the canopy of the tree is 10 feet or more above grade.

3. Maintenance. The owner of the building or property shall be responsible for the maintenance of all landscape areas. The areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free from refuse and debris. Maintenance shall include the replacement of all dead plant materials.

4. Planting criteria.

1. Preparation of plan. It is recommended that the plan be prepared by a landscape architect, architect, landscaper or person of related profession.

2. Plans required. Two copies of the plans showing proposed landscape development and maintenance procedures, including figures to show compliance with these regulations shall be submitted to the Building Inspection Department at the time a building permit is requested. The Building Inspection Department shall route the proposed plans to the Planning Department for their approval. The plans shall consist of:

1. That the hardships or difficulties of meeting the requirements of these regulations are peculiar to that property, and not general in character;

2. Financial hardship due to meeting the requirements of these regulations is not sufficient to show unnecessary hardship, unless the financial difficulties amount to confiscation of property.

1. If at the time of final inspection all the requirements of the landscape regulations are not completed in a satisfactory manner and approved by the Building Official or his or her designee, a certificate of occupancy shall not be issued unless the builder or owner has entered into an agreement with the city for improvements and provided a monetary security guarantee in an amount equal to the estimated cost of installation and establishment of the required improvements whereby the improvements will be made and installed without cost to the city in the event of default of the owner.

2. If a security guarantee is being used, the required improvements shall be installed within 9 months from the date of issuance of an occupancy permit. All required landscaping shall be installed as per plans submitted. All bonds and other methods of guarantee shall be approved by the City Attorney.

1. The pool is intended and is to be used solely for the enjoyment of the occupants of the property on which it is located and their guests;

2. No swimming pool or part thereof, excluding aprons, walks and equipment rooms, shall protrude into any required front or side yard;

3. The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties or the private swimming pool shall be equipped with an ASTM International (American Society for Testing and Materials) tested lockable cover. The fence or wall shall be not less than 4 feet in height and maintained in good condition.

1. The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;

2. The pool and accessory structures thereto, including the areas used by the bathers, shall be not closer than 50 feet to any property line of the property on which located; and

3. The swimming pool and all of the area used by the bathers shall be so walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall be not less than 5 feet in height and maintained in good condition. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees, and maintained in good condition.