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Rapid City City Zoning Code

17.62 Fifth

Street Overlay Zoning District

17.62.010 General description.

The Fifth Street Overlay Zoning District is added as an overlay district to the existing zoning for this area. All provisions of the underlying district zoning are applicable. If the Fifth Street Overlay Zoning District imposes a greater restriction than the underlying zoning district regulations, the Fifth Street Overlay Zoning District shall control. This district is intended to preserve and enhance the unique character of the area the district encompasses by establishing special standards that address access, site development, screening, landscaping and parking.

(Ord. 5216, 2007)

17.62.020 Boundaries.

The Fifth Street Overlay District is generally described as being located south of the middle of South Street north of Fairmont Boulevard between Third Street and Sixth Street and is legally described as:

A. The following described property located in Section 1, T1 N, R7E, BHM, Rapid City, Pennington County, South Dakota:

1. Lots A, B, C, D and Lots 1, 2 and 3 of Lot E all of Subdivision of Lots 1-8, Block 25, Boulevard Addition; and,

2. Lots 1-4 of Tract P and Lots A-C of Tract N of Hillcrest Addition No. 2; and,

3. Lots A-C of subdivision of Tract M and Lots D and E of Hillcrest Addition No. 4; and,

4. Block 1, vacated alley in Block 1, Blocks 2, 3 and 4, Block 7, vacated alley in Block 7, Block 12, vacated Fairview Street abutting Lot 1 of Block 12, Block 13, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 13, Block 18, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 18, Blocks 19, 22 and 23, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 23, Block 28, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 28, Blocks 29, 32 and 33, Lot A of Block 34, Block 36 and Tract X; all located in Flormann Addition; all located in Section 1, T1 N, R7E, BHM, Rapid City, Pennington County, South Dakota; and,

B. The following described property located in Section 12, T1 N, R7E, BHM, Rapid City, Pennington County, South Dakota:

1. Blocks 2 and 3, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 3, Block 8, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 8, Blocks 9, 12, and 13, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 13, Block 18, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 18, Block 19, vacated alley in Block 19, Blocks 22 and 23, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 23, Block 28, 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 28, Blocks 29, 32 and 33, and 10 foot vacated Sixth Street adjacent to Lots 18 and 19 of Block 33; all located in South Boulevard Addition; and,

2. Balance of Lot 2 of the NW1/4 SW1/4; and,

3. Tracts A, B and C of Perpetual Help Subdivision; all located in Section 12, T1 N, R7E, BHM, Rapid City, Pennington County, South Dakota.

(Ord. 5216, 2007)

17.62.030 Area setback regulations.

All buildings shall be set back from street right-of-way lines and lot lines as follows:

A. Low density residential districts:

1. Front yard: Dwellings and detached garages shall be set back not less than 25 feet from the front property line.

2. Side yard: For a single-story dwelling, located on interior lots, side yards shall be not less than 8 feet in width. For dwellings of 2 stories or more, there shall be a side yard requirement of not less than 12 feet. A 1-story portion of a 2-story dwelling may have an 8-foot side yard setback as long as the 2-story portion of the dwelling is 20 feet from the side lot line. Lots having frontage on more than 1 street shall provide the required front yards along those streets.

3. Rear yard: For main buildings, there shall be a rear yard of not less than 25 feet.

B. Medium density residential districts:

1. Front yard: Single or double-family dwellings shall have the same front yard regulations as Low Density Residential Districts. For multi-family structures of 3 or more units, the front yard setback shall be set back not less than 25 feet from the front property line.

2. Side yard: Single or duplex-family dwellings shall have the same side yard regulations as Low Density Residential Districts. For a single-story multi-family structure of 3 or more units, there shall be a side yard setback of not less than 8 feet. For multi-family dwellings of 3 or more units of 2 stories, there shall be a side yard requirement of not less than 15 feet. For multi-family structures of 3 or more units with more than a 2-story building, the side yard setback shall be the mandatory setback for a 2-story building plus 1 extra foot of setback per extra 3 feet in building height.

3. Rear yard: Single or duplex-family dwellings shall have the same rear yard regulations as Low Density Residential Districts. For multi-family dwellings of 3 or more units, the rear yard setback shall be not less than 25 feet.

C. Public district:

1. Front yard: All buildings shall be set back a minimum of 25 feet from the front property line.

2. Side yard: No building shall be located closer than 25 feet to the side lot line.

3. Rear yard: No building shall be located closer than 25 feet to the rear lot line.

D. Neighborhood commercial district:

1. Front yard: All buildings shall be set back from the street right-of-way lines not less than 25 feet.

2. Side yard: On the side of a lot adjoining a residential district there shall be a side yard of not less than 25 feet. There shall be a side yard setback from an intersection street of not less than 25 feet.

3. Rear yard: There shall be a rear yard, alley, service court or combination thereof, of not less than 30 feet in depth, and all of the service areas of all buildings shall be completely screened from public view with permanent ornamental screening materials.

E. Office commercial district:

1. Front yard: All buildings shall be set back a minimum of 25 feet from the front property line.

2. Side yard: No building shall be located closer than 25 feet to a side property line, except when the side lot line abuts a commercial district.

3. Rear yard: No building shall be located closer than 25 feet to the rear lot line, except when the rear lot line abuts a commercial district.

F. General commercial district:

1. Front yard: All buildings shall be set back a minimum of 25 feet from the front property line.

2. Side yard: No side yard is required except that the width of a side yard, which abuts a residential district shall not be less than 25 feet.

3. Rear yard: Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than 30 feet in depth. The depth of a rear yard, which abuts a residential district shall be not less than 15 feet.

(Ord. 6616, 2024; Ord. 5216, 2007)

17.62.040 Landscaping.

A. For single-family and 2-family structures, no landscaping is required.

B. For multi-family structures of 3 or more units located adjacent to single-family/duplex/ townhouse dwellings, landscaping shall be provided as per Section 17.50.300 of this code. Landscaping shall be maintained in a live vegetative state.

C. For any multi-family structures of 3 or more units, a streetscape-landscaping buffer of 10 feet in the front yard setback shall be required to include a minimum of 10% of the required landscaping points.

D. All other structures shall meet the landscaping required in the respective zoning districts.

(Ord. 5216, 2007)

17.62.050 Screening.

A. For any multi-family dwelling of 3 or more units, a 6-foot screening fence shall be placed along the side and rear yards located adjacent to single family/duplex/townhouse dwellings. The finished side shall face the adjacent single-family/duplex/townhouse property. The screening fence shall be maintained in good condition and shall consist of an opaque fence not to include chain link fencing with slats. The 6-foot screening fence shall not be located in the front yard or street side setback.

B. For any multi-family structure of 3 or more units, heating and cooling systems are to be screened if adjacent to single-family dwellings. Screening may consist of shrubs, berms, fences or other appropriate materials.

(Ord. 5216, 2007)

17.62.060 Density.

For multiple-family structures of 3 or more units, there shall be a lot area of not less than 5,000 square feet plus an additional 2,000 square feet for each multiple-family unit or assisted living suite or room.

(Ord. 5636, 2010; Ord. 5216, 2007)

17.62.070 Lighting.

A. All outdoor lighting shall be reflected within the property boundaries to not shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind.

B. There shall be no lit signage for residential uses and no internally lit signs for all other uses.

(Ord. 5216, 2007)

17.62.080 Parking.

All multi-family dwelling units shall provide a minimum of 2 off street parking spaces per dwelling unit. For multi-family dwelling units of 4 and above, there shall be additional spaces for guest parking as provided in the following chart:

Dwelling units

Guest Parking Spaces

4-7

1

8-11

2

12-15

3

16-19

4

20-23

5

24-27

6

28 +

1 additional space per dwelling unit.

(Ord. 5216, 2007)

17.62.090 Streets.

For any multi-family dwelling of 3 or more units, the street providing access to the project shall comply with the Street Design Criteria Manual.

(Ord. 5216, 2007)

17.62.100 Snow removal areas.

For any multi-family dwelling of 3 or more units, a snow removal area shall be designated that will not interfere with the normal requirements for parking, sight triangles or landscaping.

(Ord. 5216, 2007)

17.62.110 Garbage collection areas.

For any multi-family dwelling of 3 or more units, a garbage collection area shall be designated. The designated garbage area must be screened. Screening shall be in accordance with Section 17.60.050(B).

(Ord. 5216, 2007)

17.62.120 Planned development.

A planned development shall be submitted for review and approval in accordance with Section 17.50.050 for any multi-family dwelling structure of 3 or more units.

(Ord. 6612, 2024; Ord. 6595, 2024; Ord. 5216, 2007)

17.62.130 Planned commercial development.

Repealed by Ord. 6595.

(Ord. 5216, 2007)