1. Expansion. The area regulations and development standards within this chapter shall apply to cumulative expansion greater than 40% of the square foot gross floor area of a building as March 5, 2018. In this district, § 12.08.050 of the Rapid City Municipal Code, sidewalks, shall apply to building expansion greater than 40% of the building square footage as of March 5, 2018.

2. Change in use. Within this district a change in use of an existing structure does not require conformance with the area regulations and development standards of this chapter with the following exception; in this district, a change in use from commercial to residential use requires conformance with the parking requirements in § 17.66.060B.

3. Façade alterations. Where a building permit is required to alter a street-facing facade, removal or change in material of 40% or more of the square footage of a street-facing façade requires compliance with § 17.66.060A.1. through 4. for all street-facing facades. Alterations that are limited to replacing siding material only are exempt from this section.

1. Buildings not located on pedestrian oriented streets. Graduated height setbacks are required for new buildings greater than 3 stories. Above the third story, the setback shall be 20 feet from the property line.

2. Buildings located on pedestrian oriented streets. Graduated height setbacks are required for new buildings greater than 5 stories. Above the fifth story, the setback shall be 20 feet from the property line.

1. Ground floor windows. Blank walls on the ground level of buildings are limited in the district in order to connect activities occurring within a structure to the adjacent sidewalk area, encourage surveillance of the street, and avoid a monotonous pedestrian environment. Street-facing facades on the ground level of buildings shall meet the following standards:

2. Building face variation. The setback and/or materials of street-facing building facade shall vary substantially every 50 feet. Change in material color is not considered a substantial change. The same material used in a different pattern is not considered a substantial change. Columns, pilasters, or other building articulation constituting a substantial change shall be greater than 12 inches in depth to be considered a substantial change.

3. Location of the main entrance. The main entrance shall face the street lot line. Where there is more than 1 street lot line, the entrance may face either street lot line or the corner.

4. Lighting. Four or more fixtures of downtown, pedestrian-scale lighting shall be provided on the primary building frontage or front yard per each 50 feet of building frontage. On a corner lot, all yards that abut a street may be used to meet this standard. Fixtures shall be adequately spaced to create even light distribution.

5. Other pedestrian elements. Two of the following additional pedestrian elements shall be provided on the parcel on the primary building frontage or front yard. On a corner lot, all yards that abut a street may be used to meet these standards:

1. Off-street parking. The following off-street parking requirements in the urban commercial district shall apply:

2. Surface parking lot design. When surface parking is provided on site the following development standards shall apply:

3. Parking garage design.

1. The required amount of landscaping shall be in accordance with § 17.50.300 with the following deviations:

1. Outdoor storage shall be allowed as an accessory use only, and shall be limited to a maximum of 10% of the lot area.

2. In order to support the intent of this district related to pedestrian oriented development, indoor storage facing pedestrian oriented streets shall not obstruct or be located adjacent to the transparency requirements as identified in § 17.66.060A.1.

3. Outdoor storage shall be located to the rear of the building.

4. Outdoor storage areas shall be paved and shall be enclosed by a minimum 6-foot high opaque fence or wall. Stored items shall not be stacked above the height of the fence or wall. Non- stacked items that exceed the fence height (such as vehicles, equipment, or large components) are allowed.

1. Proximity to an arterial street;

2. Proximity to recreation facilities;

3. Traffic generated by the center;

4. Hours of operation of the center;

5. Existing or potential levels of air and noise pollution in the area;

6. Access from the center to adjacent areas which are used for commercial and industrial purposes;

7. Appropriateness of outdoor recreation areas. If outdoor recreational areas are permitted, fencing shall not be less than 4 feet in height; and

8. Type of vehicular traffic common to the area.

1. No permanent outside storage or display of merchandise is allowed; and

2. Any non-permanent display of merchandise is allowed on sidewalks that are at least 15 feet wide. The display items shall leave a 5-foot pedestrian clearance zone.

1. In addition to the distiller’s license required by SDCL 35-13-2 the distiller shall obtain the appropriate city-issued retail liquor license if it intends to sell its product directly to the public; and

2. Accessory uses to a distillery specifically include, but are not necessarily limited to, the selling of food, operation of a restaurant, and/or selling of products associated with the distillery or manufacture of alcoholic beverages.

1. A lot area of not less than 5,000 square feet plus an additional 1,500 square feet for each assisted living suite or room. For those structures which provide all required off street parking within the main structure, the lot area required may be reduced to 280 square feet per unit; and

2. There shall be usable open space provided for each suite/room of not less than 170 square feet. Open space does not include drives, parking, and service areas. Not more than 50% of the open space requirement shall be met with common interior spaces limited to community rooms, central dining areas, and craft rooms.

1. Auto sales are prohibited;

2. All body and/or mechanical work shall be completed within an enclosed area;

3. All inoperable vehicles shall be stored within a building or within a side rear yard which is screened with an opaque fence at least 6 feet height;

4. The number of inoperable vehicles stored within a screened yard shall not exceed 1 per 400 square feet of building floor area used for vehicle repair;

5. Building form that is compatible with the district; and

6. Appropriate landscaping and screening is provided.

1. Any toxic, explosive, flammable, corrosive, etiologic, radioactive or other restricted material shall be stored, used and disposed of in accordance with all applicable building, fire, and safety codes; and

2. The programming shall not generate any offensive noise, odor, vibration, smoke, dust, blast, or heat noticeable beyond the premises.

1. Such uses may not produce noise, odor, vibration, smoke, dust, blast, heat, or traffic that would be incompatible with the intent of the district.

1. Adequate egress and ingress;

2. Appropriate landscaping and screening; and

3. Appropriate drainage plan.

1. Multifamily dwelling units located along pedestrian oriented streets shall be designed to enhance both the pedestrian experience and the livability of dwellings. They shall deliver active ground floor uses and encourage interaction at the street edge through means such as:

1. All drive through stations shall be located behind the structure; and

2. Curb cuts over pedestrian streets will be minimized.

1. Building form that is compatible with the district;

2. Appropriate landscaping and screening; and

3. Traffic circulation that balances the needs of vehicles and pedestrians.

1. Provide a detailed program and services plan at time of application;

2. Shall meet fire, building, and health requirements;

3. The Council may or may not wish to add the following conditions:

1. No permanent outside storage or display of merchandise is allowed; and

2. Any non-permanent display of merchandise is allowed on sidewalks that are at least 15 feet wide. The display items shall leave a 5-foot pedestrian clearance zone.

1. Innovation center facilities are compatible with a mixed use, pedestrian-oriented environment and are no greater than 50,000 square feet in size.

2. Any toxic explosive, flammable, corrosive, etiologic, radioactive or other restricted material is stored, used and disposed of in accordance with all applicable building fire, and safety codes and is conducted within an enclosed structure.

3. The effects of noise, odor, smoke, dust, vibration, heat, and air and water pollution are controlled through the use of clarifiers, screening, setbacks, orientation or other mitigation techniques as approved by the Director.

4. Adequate loading/unloading zones are provided as per the parking requirements of this section.

1. Wholesale or production uses are accompanied with retail trade or other public interaction/activity such as gallery and display areas, classes, etc. that support district activity.

2. Any toxic explosive, flammable, corrosive, etiologic, radioactive or other restricted material is stored, used and disposed of in accordance with all applicable building fire, and safety codes.

3. The effects of noise, odor, smoke, dust, vibration, heat, and air and water pollution are controlled through the use of clarifiers, screening, setbacks, orientation or other mitigation technique as approved by the Director.

4. Facility size is no greater than 15,000 square feet.

5. Adequate loading/unloading zones are provided as per the parking requirements of this section.

1. In addition to the malt beverage manufacturer’s license required by SDCL 35-4-2(14), the operator of a microbrewery shall obtain the appropriate city-issued retail liquor license if it intends to sell its product directly to the public; and

2. Accessory uses to a microbrewery specifically include, but are not necessarily limited to, the selling of food operation of a restaurant, and/or selling of products associated with the microbrewery or manufacture of beer.

1. Shall provide a detailed program and services plan at time of application including but not limited to hours of operation, and type and extent of supervision;

2. Shall meet fire, building, and health requirements;

3. Any significant modification in the program and services plan shall require a new application; and

4. Outdoor firewood storage and sales are permitted only as an accessory use once authorized by the City Council.

1. The pet store shall be located within a soundproof, climate controlled building;

2. Veterinary care shall be provided pursuant to local and state requirements;

3. Boarding shall not be allowed unless approved by the Planning Commission;

4. A waste disposal plan shall be provided for review and approval; and

5. A kenneling license shall be obtained.

1. The use shall not produce noise, odor, dust, vibration, blast, or traffic that would be incompatible with the intent of the district.

1. All outdoor storage shall be screened by a 6-foot high opaque fence.

1. All animals shall be kept inside a soundproof, air-conditioned building.

1. Wineries shall operate in accordance with SDCL Chapter 35-12 concerning farm wineries;

2. If the operator of a farm winery intends to sell or serve alcoholic beverages other than the wine produced, the operator must obtain the appropriate city issued retail liquor license;

3. Accessory uses to a farm winery specifically include, but are not necessarily limited to, the serving of food and/or operation of a restaurant, the selling of glassware, wine literature and accessories and/or food products.

1. The property shall not be located within 1,000 feet of a public or private school;

2. The property shall not be located within 500 feet of a child care center, church, public park, or property zoned as a residential district.

3. The dispensary is operated completely within an enclosed structure.

4. The dispensary submits the following plans demonstrating compliance with all applicable laws, regulations, administrative rules, and ordinances, including but not limited to § 17.50.105:

5. The dispensary complies with all requirements of the Fire Code adopted as Chapter 8.24 of the Rapid City Municipal Code.