These regulations shall be referred to as the Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls.

(1992 Code, App. C, § 1.01) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003; Ord. 94-17, passed 9-26-2017)

   These regulations have been based upon the Sioux Falls, Comprehensive Plan adopted by the board of county commissioners on March 28, 2017, and the city council on October 11, 2016, amended by the city council on April 18, 2017, and are in conformance with SDCL chapters 11-2, 11-4 and 11-6. These regulations shall establish a common working relationship between the city and Minnehaha County to carry out the goals and objectives of the plan as adopted by the city and county, but especially to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration or scattering of population; and to encourage a distribution of population or mode of land utilization that will facilitate the economical and adequate provisions of transportation, roads, water supply, drainage, sanitation, education, recreation or other public requirements. The regulations are intended to preserve and protect existing property uses and values against adverse or unharmonious adjacent uses by zoning land outside the corporate boundaries of the city but not to exceed three miles from the city limits.

(1992 Code, App. C, § 1.02) (Ord. 20-02, passed 3-18-2002; Ord. 94-17, passed 9-26-2017)

   (a)   The land within the joint zoning jurisdiction shall be contained within the following boundaries:

   Beginning along the south boarder of Section 32 (T101N R50W) approximately 1,090 feet east of the SW corner of Section 32-T101N-R50W, thence west to the SW corner of Section 31, thence north to the NW corner of the S1/2 of the N1/2 of Section 18, thence east to the NE corner of the S1/2 of the NW1/4 of Section 17, thence north to the NW corner of the NE1/4 of Section 29 (T102N R50W), thence east to the NE corner of the NW1/4 of Section 28, thence north to the NW corner of the S1/2 of the SE1/4 of Section 21, thence east to the NE corner of the S1/2 of the SE1/4 of Section 21, thence north to the SW corner of the NW1/4 of Section 22, thence east to the SE corner of the NW1/4 of Section 22, thence north to the NE corner of the NW1/4 of Section 22, thence east to the NE corner of the NW1/4 of Section 23, thence north to the NW corner of the SE1/4 of Section 14, thence east to the NE corner of the SE1/4 of Section 14, thence north to the NW corner of Section 13, thence east to approximately 821 feet east of NE corner of the Section 17 (T102N R49W), thence south to the S1/2 section line of Section 16, thence east to the NE corner of the S1/2 of Section 15, thence north to the NE corner of Section 15, thence east to the NE corner of Section 18 (T102N R48W), thence south to the SW corner of Section 8 (T101N R48W), thence east along the centerline of Madison Street to the intersection with SD Highway 11, thence south to the SE corner of Section 33, thence west along the county line to the point of beginning.

   (b)   Before any territory may come under the jurisdiction of these regulations, the boundary of the joint jurisdiction shall be amended by ordinance adopted by the county commission and city council in compliance with South Dakota Compiled Laws.

(1992 Code, App. C, § 2.01) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003; Ord. 26-05, passed 3-14-2005; Ord. 94-17, passed 9-26-2017)

   (a)   In order to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of a lot that may be occupied; the size of the yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, industry, residence or other purposes; the joint zoning jurisdiction is hereby divided into the following districts:

 

 

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

 

 

(1992 Code, App. C, § 2.02) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003)

   The following are hereby adopted and incorporated by reference.

   (a)   The flood insurance rate map is hereby adopted by reference and declared to be a part of these regulations. Areas shown as Zone A, AO or A1--A30 on the FIRM but which are zoned A-1 agricultural on the zoning map, shall be governed by the provisions of the RC recreation/conservation district; and

   (b)   The approved plans submitted in conjunction with any planned development are hereby adopted by reference and declared to be a part of these regulations.

(1992 Code, App. C, § 2.03) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003; Ord. 26-05, passed 3-14-2005)

   The boundaries of the districts are shown upon the maps which have been made a part hereof by reference. That part of the maps designating the different districts and their boundaries and that part of the legend designating the symbols for each district shall have the same force and effect as if they were all fully set forth herein. Other notations and references thereon are for information only.

(1992 Code, App. C, § 2.04) (Ord. 20-02, passed 3-18-2002)

   Where uncertainty exists with respect to the boundaries of the various districts shown on the district map accompanying and made a part of these regulations by reference, the following rules apply.

   (a)   The district boundaries are roads unless otherwise shown, and where the districts are bounded approximately by roads, the road shall be construed to be the boundary of the district.

   (b)   Where the property has been or may hereafter be divided into blocks and platted lots, the district boundary shall be construed to coincide with the nearest platted lot lines; and where the districts are bounded approximately by platted lot lines, the platted lot lines shall be construed be the boundary of the district, unless the boundaries are otherwise indicated on the maps by legal description.

   (c)   In unplatted property, the district boundary lines shall be determined by use of the scale appearing on the map, unless the boundaries are otherwise indicated on the maps by legal description.

(1992 Code, App. C, § 2.05) (Ord. 20-02, passed 3-18-2002)

   Whenever any street, road or other public way is vacated, the zoning district adjoining each side of the street, road or other public way is extended to the center of the vacation; and all area included in the vacation shall then an henceforth be subject to the appropriate regulations of the extended districts.

(1992 Code, App. C, § 2.06) (Ord. 20-02, passed 3-18-2002)

   In all territories which may hereafter come within the joint zoning jurisdiction, the zoning districts as they exist in the zoning ordinance for Minnehaha County shall be continued unless otherwise changed by ordinance.

(1992 Code, App. C, § 2.07) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003)

   It shall be the intent of this district to provide for a vigorous agricultural industry by preserving for agricultural production those prime agricultural lands beyond the area of planned urban development. It is recognized that because of the nature of both agricultural activities and residential subdivisions, that these two uses are generally poor neighbors and therefore the concentration of housing in the A-1 agricultural district shall be discouraged.

(1992 Code, App. C, § 3.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the A-1 agricultural district:

   (a)   Agriculture. A building for the storage of agricultural equipment or products shall be allowed provided the following conditions have been met:

      (1)   The parcel(s) consists of not less than 40 acres of unplatted land; and

      (2)   The property’s principal use is devoted to agriculture.

   (b)   A single-family dwelling if the following provisions for building eligibility are met. Each quarter-quarter section shall have one building eligibility when all the following conditions are met:

      (1)   There are no other dwellings on the quarter-quarter section;

      (2)   The building site shall be a minimum of one acre;

      (3)   Approval has been granted by the appropriate governing entity for access onto a public road; and

      (4)   The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.

   (c)   Historical sites;

   (d)   Church;

   (e)   Neighborhood utilities; and

   (f)   Antenna support structure.

(1992 Code, App. C, § 3.02) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 134-06, passed 10-16-2006)

   A building or premises may be used for the following purposes in the A-1 agricultural district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   A building eligibility may be used within a farmstead provided:

      (1)   The building eligibility exists on property contiguous to and under the same ownership as the farmstead;

      (2)   There will be no more than two dwellings within the farmstead; and

      (3)   The residential structure may be a single-family dwelling, manufactured home or mobile home.

   (b)   Cemetery, subject to, the cemetery shall contain an area of 20 acres or more or be an expansion of an existing cemetery;

   (c)   Pet cemetery, subject to, a minimum area of two acres;

   (d)   Wind energy conversion system in conformance with § 159.287;

   (e)   Off-premises signs in conformance with §§ 159.350 through 159.355;

   (f)   Greenhouses and nurseries provided there is no retail sale of products conducted on the premises;

   (g)   A single-family dwelling located on a lot of record in accordance with the following:

      (1)   A lot of record consisting of less than 80 acres and containing no other dwellings shall have one building eligibility;

      (2)   A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:

         A.   The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent building eligibility; and

         B.   If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use permit.

      (3)   Approval must be granted by the appropriate governing entity for access onto the public road; and

      (4)   Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.

   (h)   Telecommunications tower, subject to:

      (1)   A minimum distance of 300 feet from the telecommunications tower to any residential zoning district, existing residential use except a farmstead, or future residential area designated on the adopted land use plan, measured from the base of the telecommunications tower to the property line;

      (2)   A minimum distance of one-half mile between telecommunications towers measured from the base of one telecommunications tower to the base of another; and

      (3)   Stealth design approved by the county planning director.

(1992 Code, App. C, § 3.03) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004)

   A building or premises may be used for the following purposes in the A-1 agricultural district if a conditional use permit has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Rock, sand and gravel extraction in conformance with § 159.297;

   (b)   Mineral exploration in conformance with § 159.289;

   (c)   Airport/heliport;

   (d)   A single-family dwelling on a parcel which is not a lot of record provided:

      (1)   The deed to the land or the agreement to convey the parcel was recorded with the register of deeds prior to September 27, 1988;

      (2)   There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:

         A.   The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility; and

         B.   Each building site shall consist of a minimum of one acre.

      (3)   The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development;

      (4)   The soil conditions are acceptable for a building site; and

      (5)   Approval has been granted by the appropriate governing entity for access onto a public road.

   (e)   Group day care;

   (f)   Private campground;

   (g)   Garden center;

   (h)   Kennel;

   (i)   Stable;

   (j)   Produce stand exceeding 400 square feet in area;

   (k)   Fireworks sales provided the length of sales does not exceed nine days;

   (l)   Golf course, golf driving range;

   (m)   Recreation facility;

   (n)   Trap shoot, rifle range, pistol range;

   (o)   Sanitary landfill, solid waste transfer station, rubble dump, commercial compost site;

   (p)   Livestock sales barn;

   (q)   Concentrated animal feeding operation;

   (r)   Electrical substation;

   (s)   Public utility facility;

   (t)   Agriculturally related operations involving the handling, storage and shipping of farm products;

   (u)   The transfer of building eligibility from one parcel to another parcel when all the following conditions are met:

      (1)   The transfer of a building eligibility may only occur between contiguous parcels.

      (2)   Suitability as a building site based on the following factors:

         A.   Agricultural productivity of the soil;

         B.   Soil limitations; and

         C.   Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.

      (3)   The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant;

      (4)   The parcel from which the eligibility is transferred shall continue as agricultural land or remain in its present use;

      (5)   Approval has been granted by the appropriate governing entity for access onto a public road; and

      (6)   When a transfer is proposed between contiguous parcels, the transferring property owner and recipient property owner must both sign the conditional use permit application for transfer of a building eligibility.

   (v)   Public facility owned and operated by a governmental entity;

   (w)   Bed and breakfast establishment;

   (x)   Broadcast tower;

   (y)   Farmer’s market;

   (z)   Solar energy conversion system;

   (aa)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (bb)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 3.04) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 76-09, passed 8-17-2009; Ord. 37-14, passed 6-24-2014; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025; Ord. 19-25, passed 4-22-2025)

   Accessory uses and buildings permitted in the A-1 agricultural district are buildings and uses customarily incident to any permitted use in the district.

(1992 Code, App. C, § 3.05) (Ord. 20-02, passed 3-18-2002)

   All parking within the A-1 agricultural district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 3.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the A-1 agricultural district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 3.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the A-1 agricultural district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street of a double frontage lot.

   (c)   If a lot of record has less area or width than herein required and its boundary lines along the entire length abutted lands under other ownership on March 27, 1970, and have not since been changed, the parcel of land may be used for any use permitted in this district.

   (d)   Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 3.08) (Ord. 20-02, passed 3-18-2002)

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

(1992 Code, App. C, § 4.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the RR rural residential district:

   (a)   Single-family dwelling;

   (b)   Public facility owned or operated by a governmental agency; and

   (c)   Neighborhood utilities.

(1992 Code, App. C, § 4.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RR rural residential district in conformance with the conditions prescribed therein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Church, subject to, the building being adjacent to an arterial street or section line road.

   (b)   Elementary and high school, subject to:

      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and

      (2)   The main building shall be set back 25 feet from the side lot line.

   (c)   Private park, playground or swimming pool; and

   (d)   Antenna support structure, subject to, stealth design approved by the county planning director.

(1992 Code, App. C, § 4.03) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RR rural residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Mobile home/manufactured home subdivision in conformance with § 159.290;

   (b)   Mobile home/manufactured home park in conformance with § 159.290;

   (c)   Group day care;

   (d)   Group home;

   (e)   Nursing home;

   (f)   Cemetery;

   (g)   Kennel;

   (h)   Stabling of horses provided they are owned by the resident of the property and not used as a commercial operation on the property;

   (i)   Golf course, except miniature course and driving range;

   (j)   Wind energy conversion system in conformance with the requirements of § 159.287;

   (k)   Electrical substation;

   (l)   Public utility facility;

   (m)   Day care center;

   (n)   Keeping fowl, provided the maximum number not exceed six fowl with no roosters;

   (o)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (p)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 4.04) (Ord. 20-02, passed 3-18-2002; Ord. 12-14, passed 1-28-14; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025)

   Accessory uses and buildings permitted in the RR rural residential district are buildings and uses customarily incident to any of the permitted uses in the district.

(1992 Code, App. C, § 4.05) (Ord. 20-02, passed 3-18-2002)

   All parking within the RR rural residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 4.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the RR rural residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 4.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the RR rural residential district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street of a double frontage lot.

   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 4.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for areas of residential use with a gross density of generally five dwelling units per acre or less. The district permits single-family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as, or planned for, single-family neighborhoods. A central sanitary sewer system must be available to serve these developments.

(1992 Code, App. C, § 5.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the RS-1 residential district:

   (a)   Single-family dwelling; and

   (b)   Neighborhood utilities.

(1992 Code, App. C, § 5.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RS-1 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Churches:

      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and

      (2)   The main building shall be set back 25 feet from the side lot line.

   (b)   Elementary and high schools:

      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and

      (2)   The main building shall be set back 25 feet from the side lot line.

   (c)   Antenna support structure, subject to, stealth design approved by the county planning director.

(1992 Code, App. C, § 5.03) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RS-1 residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Group day care;

   (b)   Private lake;

   (c)   Group home;

   (d)   Nursing home;

   (e)   Convent and monastery;

   (f)   Electrical substation;

   (g)   Public utility facility;

   (h)   Day care center;

   (i)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (j)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 5.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025)

   Accessory uses and buildings permitted in the RS-1 residential district are buildings and uses customarily incident to any of the permitted uses in the district.

(1992 Code, App. C, § 5.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the RS-1 residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 5.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the RS-1 residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 5.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the RS-1 residential district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street of a double frontage lot.

   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 5.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for areas of residential use with a gross density of generally five to seven dwelling units per acre. The district permits single-family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as or planned for single-family neighborhoods. Central sanitary sewer system must be available to serve these developments.

(1992 Code, App. C, § 6.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the RS-2 residential district:

   (a)   Single-family dwelling; and

   (b)   Neighborhood utilities.

(1992 Code, App. C, § 6.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RS-2 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Churches:

      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and

      (2)   The main building line shall be set back 25 feet from the side lot lines.

   (b)   Elementary and high schools:

      (1)   One of the principle frontages of the premises shall abut upon an arterial or collector street; and

      (2)   The main building shall be set back 25 feet from the side lot lines.

   (c)   Antenna support structure, subject to, stealth design approved by the county planning director.

(1992 Code, App. C, § 6.03) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RS-2 residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Group day care;

   (b)   Private lake;

   (c)   Two-family dwelling;

   (d)   Group home;

   (e)   Nursing home;

   (f)   Convent and monastery;

   (g)   Electrical substation;

   (h)   Public utility facility;

   (i)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (j)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 6.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025)

   Accessory uses and buildings permitted in the RS-2 residential district are buildings and uses customarily incident to any of the permitted uses in the district.

(1992 Code, App. C, § 6.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the RS-2 residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 6.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the RS-2 residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 6.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the RS-2 residential district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street of a double frontage lot.

   (c)   Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 6.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for both developing and redeveloping areas of moderate residential density between six and 14 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses, plus support facilities such as schools, parks, community buildings and churches. A central sanitary sewer system must be available to serve these developments.

(1992 Code, App. C, § 7.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the RD residential district:

   (a)   Single-family dwelling;

   (b)   Two-family dwelling; and

   (c)   Neighborhood utilities.

(1992 Code, App. C, § 7.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RD residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Churches:

      (1)   One of the principle frontages of the premises shall abut on an arterial or collector street; and

      (2)   The main building shall be set back 25 feet from the side lot lines.

   (b)   Elementary and high schools:

      (1)   One of the principle frontages of the premises shall abut on an arterial or collector street; and

      (2)   The main building shall be set back 25 feet from the side lot lines.

   (c)   Antenna support structure, subject to, stealth design approved by the county planning director.

(1992 Code, App. C, § 7.03) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RD residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Three- and four-family dwellings;

   (b)   Up to and including four single-family attached units in any one structure;

   (c)   Nursing home;

   (d)   Group day care;

   (e)   Group home;

   (f)   Convent and monastery;

   (g)   Private lake;

   (h)   Electrical substation;

   (i)   Public utility facility;

   (j)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (k)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 7.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025)

   Accessory uses and buildings permitted in the RD residential district are buildings and uses customarily incident to any permitted use in the district.

(1992 Code, App. C, § 7.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the RD residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 7.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the RD residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 7.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the RD residential district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street of a double frontage lot.

   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 7.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for areas of moderate residential density between ten and 17 dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses plus support facilities such as schools, parks, community buildings and churches. A central sanitary sewer system must be available to serve these developments.

(1992 Code, App. C, § 8.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the RA-1 residential district:

   (a)   Single-family dwelling;

   (b)   Two-family dwelling;

   (c)   Up to and including six single-family attached units in any one structure;

   (d)   Multiple dwelling;

   (e)   Elementary and high school;

   (f)   Nursing home;

   (g)   Church; and

   (h)   Neighborhood utilities.

(1992 Code, App. C, § 8.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RA-1 residential district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399.

   (a)   Churches, the main building shall be set back 15 feet from the side lot lines;

   (b)   Group home subject to:

      (1)   The distance between the proposed use and any existing group home measured from lot line to lot line is not less than 1,000 feet; and

      (2)   The use shall be permitted only so long as the facility continues to be licensed by the state.

   (c)   Nursing home, subject to, the use shall be permitted only so long as the facility continues to be licensed by the state;

   (d)   Group day care subject to:

      (1)   A four-foot-high fence shall be constructed between the play area and the street when the play area is adjacent to any arterial or collector street; and

      (2)   A safe pick up and drop off area must be provided for the children.

   (e)   Antenna support structure, subject to, stealth design approved by the county planning director.

(1992 Code, App. C, § 8.03) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the RA-1 residential district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Private lake;

   (b)   Boarding or rooming house;

   (c)   Convent and monastery;

   (d)   Day care center;

   (e)   Park for mobile homes and manufactured homes in conformance with § 159.290;

   (f)   Electrical substation;

   (g)   Public utility facility;

   (h)   Telecommunications tower;

   (i)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (j)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 8.04) (Ord. 20-02, passed 3-18-2002; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025)

   Accessory uses and buildings permitted in the RA-1 residential district are accessory buildings and uses customarily incident to any permitted uses in the district.

(1992 Code, App. C, § 8.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the RA-1 residential district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 8.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the RA-1 residential district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 8.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the RA-1 residential district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street side of a double frontage lot.

   (c)   Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that the additions will be erected no closer to the lot line than the existing building.

(1992 Code, App. C, § 8.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for a wide variety of commercial uses generally located at major intersections and along major roads. This district will include general commercial uses requiring large land areas, extensive retail operations and outdoor display.

(1992 Code, App. C, § 9.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the C commercial district:

   (a)   Office;

   (b)   Bank or financial institution;

   (c)   Group day care, day care center, group home;

   (d)   Mortuary;

   (e)   Indoor recreational facility;

   (f)   Nursery or greenhouse;

   (g)   Church; and

   (h)   Personal services.

(1992 Code, App. C, § 9.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the C commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for those uses in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Retail and wholesale trade or service, provided:

      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;

      (2)   There is no storage of a regulated substance; and

      (3)   The building contains 10,000 square feet of area or less.

   (b)   Veterinarian clinic provided there is no outside kenneling of dogs;

   (c)   Frozen food locker provided there is no slaughtering of animals on the premises; and

   (d)   Antenna support structure, subject to, stealth design approved by the county planning director.

      (1)   The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.

      (2)   The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.

      (3)   The facility shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a single-family dwelling, church, elementary, middle, or high school licensed by the state, day care, public use facility, park, or other medical cannabis dispensaries.

      (4)   The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.

      (5)   The facility shall be limited to hours of operation not earlier than 8:00 a.m. and not later than 10:00 p.m.

      (6)   There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.

      (7)   No one under the age of 18 shall be permitted in the facility.

      (8)   No use of medical cannabis shall be permitted on the premises of the facility.

      (9)   The facility shall submit a disposal plan to, and obtain approval from the planning director or his or her designee. Medical cannabis remnants and byproducts shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

      (10)   The facility shall submit a security and fire protection plan to and obtain approval from the planning director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.

      (11)   The facility shall submit a site plan for approval by the planning director or his or her designee and a floor plan for approval by the planning director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(1992 Code, App. C, § 9.03) (Ord. 20-02, passed 3-18-2002; Ord. 114-21, passed 9-28-2021)

   A building or premises may be used for the following purposes in the C commercial district if a conditional use permit for that use has been obtained in conformance with the requirements in §§ 159.390 through 159.399:

   (a)   Drive-in theater;

   (b)   Warehouse/mini-warehouse;

   (c)   Bar, lounge or adult use;

   (d)   Equipment sales, display and repair;

   (e)   Motor vehicle sales, display, service and rental;

   (f)   Auto body shop;

   (g)   Transportation, including gasoline service station, truck stop and terminal;

   (h)   Recycling facility;

   (i)   Fireworks sales provided sales are conducted from a permanent building when business operations exceed nine days;

   (j)   Uses which store or handle a regulated substance;

   (k)   Lumberyard;

   (l)   Contractor’s shop and storage yard;

   (m)   Car wash;

   (n)   Airport/heliport;

   (o)   Hospital;

   (p)   Hotel or motel;

   (q)   Motor vehicle repair shop;

   (r)   Public utility facility;

   (s)   Campground;

   (t)   Commercial recreation facility;

   (u)   Wind energy conversion system in conformance with § 159.287;

   (v)   Broadcast tower;

   (w)   Electrical substation;

   (x)   Telecommunications tower;

   (y)   Off-premises signs in conformance with §§ 159.350 through 159.355; and

   (z)   Solar energy conversion system.

(1992 Code, App. C, § 9.04) (Ord. 20-02, passed 3-18-2002; Ord. 37-14, passed 6-24-2014)

   Accessory uses permitted in the C commercial district are accessory buildings and uses customarily incident to any permitted uses in this district.

(1992 Code, App. C, § 9.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the C commercial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 9.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the C commercial district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 9.07) (Ord. 20-02, passed 3-18-2002)

   A maximum height and minimum lot requirements within the C commercial district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street side of double frontage lots.

   (c)   There shall be a required front yard on each street side of a corner lot.

   (d)   Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.

(1992 Code, App. C, § 9.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for a number of light manufacturing, wholesale, warehousing and service uses in an attractive industrial park like setting. These uses do not depend on frequent personal visits from customers or clients and do not include residences, apartments or commercial uses which are primarily retail in nature. It is the intention of this district to provide high amenity industrial development along the major roads and adjacent to residential areas, while allowing for slightly heavier development in the interior of the industrial areas.

(1992 Code, App. C, § 11.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the I-1 light industrial district:

   (a)   Public utility facility, electrical substation;

   (b)   Antenna support structure; and

   (c)   Any permissive use except personal services listed in the C commercial district.

(1992 Code, App. C, § 11.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the I-1 light industrial district in conformance with the conditions prescribed herein

or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Warehousing, repair services, wholesale trade, light manufacturing provided:

      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;

      (2)   There is no storage of a regulated substance on the premises; and

      (3)   The building contains 20,000 square feet of area or less.

   (b)   Veterinarian clinic provided there is no outside kenneling of animals;

   (c)   Frozen food locker provided there is no slaughtering of animals on the premises;

   (d)   Off-premises signs in conformance with §§ 159.350 through 159.355;

   (e)   Telecommunications tower, subject to:

      (1)   A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line;

      (2)   A minimum distance of one-half mile between telecommunications towers measured from the base of one telecommunications tower to the base of another; and

      (3)   Stealth design approved by the county planning director.

   (f)   Retailing or personal service as an accessory use when in conjunction with a primary use of wholesaling or manufacturing.

   (g)    Medical cannabis dispensary.

      (1)   The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval and shall at all times maintain a valid, accurate, and up-to-date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.

      (2)   The facility shall at all times operate in compliance will all South Dakota Department of Health regulations pertaining to such facilities.

      (3)   The facility shall not be operated or maintained on a parcel within 1,000 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a single-family dwelling, church, elementary, middle or high school licensed by the state, day care, public use facility, park, or other medical cannabis dispensaries.

      (4)   The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.

      (5)   The facility shall be limited to hours of operation not earlier than 8:00 a.m. and not later than 10:00 p.m.

      (6)   There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.

      (7)   No one under the age of 18 shall be permitted in the facility.

      (8)   No use of medical cannabis shall be permitted on the premises of the facility.

      (9)   The facility shall submit a disposal plan to, and obtain approval from the planning director or his or her designee. Medical cannabis remnants and byproducts shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

      (10)   The facility shall submit a security and fire protection plan to, and obtain approval from the planning director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.

      (11)   The facility shall submit a site plan for approval by the planning director or his or her designee and a floor plan for approval by the planning director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(1992 Code, App. C, §11.03) (Ord. 20-02, passed 3-18-2002; Ord. 114-21, passed 9-28-2021)

   A building or premises may be used for the following purposes in the I-1 light industrial district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Asphalt mixing plant, ready-mix concrete plant;

   (b)   Extraction of rock, sand and gravel in conformance with § 159.297;

   (c)   Airport/heliport;

   (d)   Any conditional use listed in the C commercial district;

   (e)   Broadcast tower;

   (f)   Salvage operation in accordance with § 159.292;

   (g)   Recycling processing facility; and

   (h)   Solar energy conversion system.

(1992 Code, App. C, § 11.04) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009; Ord. 37-14, passed 6-24-2014)

   Accessory uses and buildings permitted in the I-1 light industrial district are accessory buildings and uses customarily incident to any permitted uses in this district.

(1992 Code, App. C, § 11.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the I-1 light industrial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 11.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the I-1 light industrial district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 11.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the I-1 light industrial district shall be as follows.

   (a)   General requirements.

 

   (b)   There shall be a required front yard on each street side of a double frontage lot.

   (c)   There shall be a required front yard on each street side of a corner lot.

(1992 Code, App. C, § 11.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to provide for heavy industrial uses which may create some nuisance and which are not properly associated with, nor compatible with residential, office, institutional or planned or neighborhood commercial establishments. All uses in this district shall comply with any state regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable.

(1992 Code, App. C, § 12.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the I-2 general industrial district: any permissive use listed in the I-1 light industrial district.

(1992 Code, App. C, § 12.02) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the I-2 general industrial district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Warehousing, wholesale trade, repair services, light manufacturing provided:

      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;

      (2)   There is no storage of a regulated substance on the premises; and

      (3)   The building contains 25,000 square feet of area or less.

   (b)   Off-premises signs in conformance with §§ 159.350 through 159.355;

   (c)   Telecommunications tower, subject to:

      (1)   A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line;

      (2)   A minimum distance of one-half mile between telecommunications towers measured from the base of one telecommunications tower to the base of another; and

      (3)   Stealth design approved by the county planning director.

   (d)   Retailing as an accessory use when in conjunction with a primary use of wholesaling or manufacturing.

(1992 Code, App. C, § 12.03) (Ord. 20-02, passed 3-18-2002)

   A building or premises may be used for the following purposes in the I-2 general industrial district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   General manufacturing;

   (b)   Stockyards/slaughtering of animals;

   (c)   Rendering;

   (d)   Distillation of products;

   (e)   Refining;

   (f)   Sanitary landfill, solid waste receiving station;

   (g)   Paper manufacturing;

   (h)   Tank farm; petroleum products terminal;

   (i)   Salvage operation in accordance with § 159.292;

   (j)   Airport/heliport;

   (k)   Any conditional use listed in the I-1 light industrial district;

   (l)   Mineral exploration and development in accordance with § 159.289;

   (m)   Any similar use not heretofore specified;

   (n)   Broadcast tower; and

   (o)   Solar energy conversion system.

(1992 Code, App. C, § 12.04) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009; Ord. 37-14, passed 6-24-2014)

   Accessory uses and buildings permitted in the I-2 general industrial district are accessory buildings and uses customarily incident to any permitted uses in this district.

(1992 Code, App. C, § 12.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the I-2 general industrial district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 12.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the I-2 general industrial district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 12.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the I-2 general industrial district shall be as follows; general requirements.

 

(1992 Code, App. C, § 12.08) (Ord. 20-02, passed 3-18-2002)

   This district is intended to protect natural drainage courses in their capacity to carry run-off water, to limit permanent structures and uses of land in areas subject to flooding, to prevent the pollution of underground water supplies (aquifers), to provide open space and natural areas for recreation, and add to the aesthetic quality of the area.

(1992 Code, App. C, § 13.01) (Ord. 20-02, passed 3-18-2002)

   A building or premises shall be permitted to be used for the following purposes in the RC recreation/conservation district:

   (a)   Agriculture. A building for the storage of agricultural equipment or products shall be allowed provided the following conditions have been met:

      (1)   The parcel(s) consists of not less than 40 acres of unplatted land; and

      (2)   The property’s principal use is devoted to agriculture.

   (b)   Public park; forest preserve;

   (c)   Public golf course;

   (d)   Historic sites; and

   (e)   (1)   A single-family dwelling if the following provisions for building eligibility are met:

      (2)   Each quarter-quarter section shall have one building eligibility when all the following conditions are met:

         A.   There are no other dwellings on the quarter-quarter section;

         B.   The building site is not in the 100-year floodplain as identified on flood insurance administration maps;

         C.   The building site shall be a minimum of one acre;

         D.   Approval has been granted by the appropriate governing entity for access onto a public road; and

         E.   The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.

(1992 Code, App. C, § 13.02) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 134-06, passed 10-16-2006)

   A building or premises may be used for the following purposes in the RC recreation/conservation district in conformance with the conditions prescribed herein, or by obtaining a conditional use permit for that use in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   A single-family dwelling located on a lot of record in accordance with the following:

      (1)   A lot of record consisting of less than 80 acres and containing no other dwellings shall have one eligible building site;

      (2)   The building site is not in the 100-year floodplain as identified on the flood insurance rate map;

      (3)   A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:

         A.   The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings shall represent building eligibility;

         B.   If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use permit; and

         C.   Each building site shall consist of a minimum of one acre.

      (4)   Approval has been granted by the appropriate governing entity for access onto the public road; and

      (5)   Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.

   (b)   A building eligibility may be used within a farmstead provided:

      (1)   The building eligibility exists on property contiguous to and under the same ownership as the farmstead;

      (2)   There will be no more than two dwellings within the farmstead;

      (3)   The farmstead is not in the 100-year floodplain as identified on flood insurance administration maps; and

      (4)   The residential structure may be a single-family dwelling, manufactured home or mobile home.

   (c)   Plant nursery or tree farm subject to:

      (1)   No retail sales allowed on the premises;

      (2)   No structures exceeding 500 square feet; and

      (3)   All structures meeting the requirements of § 159.292.

   (d)   Electric substations subject to:

      (1)   An opaque screen six feet in height must be erected on the side and rear lot lines and on the front yard setback line; and

      (2)   The required side yard shall be 25 feet.

   (e)   Antenna support structure, subject to, stealth design approved by the county planning director.

   (f)   Solar energy conversion system.

(1992 Code, App. C, § 13.03) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 37-14, passed 6-24-2014)

   A building or premises may be used for the following purposes in the RC recreation/conservation district if a conditional use permit for that use has been obtained in conformance with the requirements of §§ 159.390 through 159.399:

   (a)   Commercial recreation facility;

   (b)   Day or summer camp;

   (c)   Rifle and pistol range; trap shoot;

   (d)   Cemetery;

   (e)   Fairgrounds;

   (f)   Rock, sand and gravel extraction in conformance with § 159.297;

   (g)   A single-family dwelling on a parcel which is not a lot of record provided:

      (1)   The deed to the land or the agreement to convey the parcel was recorded with the Register of Deeds prior to September 27, 1988;

      (2)   The building site is not in the 100-year floodplain as identified on the Flood Insurance Rate Map;

      (3)   There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:

         A.   The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility; and

         B.   Each building site shall consist of a minimum of one acre.

      (4)   The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development;

      (5)   The soil conditions are acceptable for a building site; and

      (6)   Approval has been granted by the appropriate governing entity for access onto a public road.

   (h)   Broadcast tower;

   (i)   Telecommunications tower;

   (j)   The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met:

      (1)   The transfer of a building eligibility may only occur between contiguous parcels;

      (2)   Suitability as a building site based on the following factors:

         A.   Agricultural productivity of the soil;

         B.   Soil limitations; and

         C.   Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.

      (3)   The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant;

      (4)   The building site is not in the 100-year floodplain as identified on the flood insurance rate map;

      (5)   The parcel from which the building eligibility is transferred shall continue as agricultural land or remain in its present use;

      (6)   Approval has been granted by the appropriate governing entity for access onto a public road; and

      (7)   When a transfer is proposed between contiguous parcels, the transferring property owner and recipient property owner must both sign the conditional use permit application for transfer of a building eligibility.

   (k)   Produce stand exceeding 400 square feet in area;

   (l)   Recreation facility;

   (m)   Farmer’s market;

   (n)   Public utility facility;

   (o)   Vacation home rental/short-term rental in accordance with § 159.303; and

   (p)   Accessory dwelling unit (ADU) in accordance with § 159.305.

(1992 Code, App. C, § 13.04) (Ord. 20-02, passed 3-18-2002; Ord. 34-04, passed 3-15-2004; Ord. 76-09, passed 8-17-2009; Ord. 64-23, passed 7-25-2023; Ord. 98-23, passed 10-24-2023; Ord. 18-25, passed 4-22-2025; Ord. 19-25, passed 4-22-2025)

   Accessory uses permitted in the RC recreation/conservation district are accessory buildings and uses customarily incident to any permitted uses in this district.

(1992 Code, App. C, § 13.05) (Ord. 20-02, passed 3-18-2002)

   Parking within the RC recreation/conservation district shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

(1992 Code, App. C, § 13.06) (Ord. 20-02, passed 3-18-2002)

   Signs within the RC recreation/conservation district shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

(1992 Code, App. C, § 13.07) (Ord. 20-02, passed 3-18-2002)

   The maximum height and minimum lot requirements within the RC recreation/conservation district shall be as follows; general requirements.

 

(1992 Code, App. C, § 13.08) (Ord. 20-02, passed 3-18-2002)

   (a)   It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PD planned development district projects in order to:

      (1)   Encourage well planned, efficient development;

      (2)   Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures;

      (3)   Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets;

      (4)   Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as woodlands, wetlands, natural drainage systems and scenic areas;

      (5)   Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building;

      (6)   Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of those streets; and

      (7)   Improve communication and cooperation among the county, townships, land developers and interested residents in the development of agricultural land and redevelopment of existing areas.

   (b)   It is not the intent of the PD planned development district to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.

(1992 Code, App. C, § 14.01) (Ord. 20-02, passed 3-18-2002)

   (a)   Initial development plan.

      (1)   When a petitioner wants to request a rezoning to the planned development district, it shall be submitted to the Minnehaha County planning department, showing the information specified in § 159.237, a minimum of 30 days prior to the joint meeting of the county and city planning commissions at which consideration is desired. After the planned development request has been reviewed, the planning commissions shall make a recommendation to the board of county commissioners and city council on the requested rezoning. The board of county commissioners and city council shall then act to approve or deny the request.

      (2)   This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in §§ 159.410 through 159.414. No permit shall be issued within the development until the final development plan is approved and the plat is filed.

   (b)   Final development plan.

      (1)   Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in § 159.238, to the planning commissions, who shall have the sole authority to approve, deny or amend the plan.

      (2)   The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.

   (c)   Amendments.

      (1)   Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved as an amendment to the zoning regulations, requiring the planning commissions’ review and board of county commissioners and city council approval.

      (2)   Minor amendments. Minor amendments to the initial and/or final development plan shall be required to be approved by the planning commissions at a hearing. Notice of the hearing shall be given by the posting of a sign on the property. Minor amendments to the initial development plan may also be made by the submission and approval of a final development plan which is changed from the approved initial development plan. Any amendments shall be shown as a change from the initial development plan on the final development plan, and further these changes shall be made on the initial development plan.

      (3)   Minimal amendments. Minimal amendments to the final development plan shall be submitted to the planning director on a reproducible development plan showing the requested changes. The planning director may then approve the change in writing, if he or she deems it appropriate.

(1992 Code, App. C, § 14.02) (Ord. 20-02, passed 3-18-2002)

   Upon application for rezoning to the planned development district, the petitioner shall present an initial development plan to the planning commissions for review and to board of county commissioners and city council for their approval showing the following information:

   (a)   Project name and legal description;

   (b)   A preliminary subdivision plan; and

   (c)   The proposed development scheme showing the following information:

      (1)   The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings and their square footage;

      (2)   The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make those densities undesirable;

      (3)   The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make the setbacks undesirable;

      (4)   The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make the heights undesirable;

      (5)   Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and

      (6)   Anticipated subarea development sequence.

(1992 Code, App. C, § 14.03) (Ord. 20-02, passed 3-18-2002)

   (a)   Prior to construction on any lots in the Planned Development Zoning district, the petitioner shall present a final development plan to the planning commissions for their approval.

   (b)   The final development plan shall show the following information:

      (1)   The subdivision name, the legal description and the individual project name (if any);

      (2)   Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;

      (3)   A subdivision plat of the subarea or subareas submitted for approval;

      (4)   A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:

         A.   Size and location of proposed structures including height and number of units;

         B.   Calculated floor area for each structure and a generic listing of the uses within the structure;

         C.   Off-street parking lot arrangement designating all parking spaces, off-street loading spaces and any outdoor trash container spaces;

         D.   Any sidewalks, bikeways or other paths;

         E.   Landscaping plans showing the type and location of any walls or fences, the placement, size and species of any trees or shrubs, and berms in areas that will be sod or seeded;

         F.   All existing and proposed utilities, drainageways, watercourses and location of aboveground existing utilities on adjacent property;

         G.   Proposed final ground contours;

         H.   Existing and proposed uses adjacent to the area;

         I.   Documentation of the ownership and maintenance responsibility of any common open spaces, structures or facilities including private streets;

         J.   Any subareas proposed for multiple residential development will be required to provide an open area for recreation. The open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve;

         K.   Proposed parking and loading spaces which shall be in conformance with §§ 159.315 through 159.319, except where unique physical, environmental or design characteristics make these requirements undesirable; and

         L.   Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example: townhouses on Block X shall be developed in conformance with the requirements of the RD residential district.

(1992 Code, App. C, § 14.04) (Ord. 20-02, passed 3-18-2002)

   (a)   Major amendments. The following changes in an initial and/or final development plan are considered major amendments:

      (1)   Any change in the proposed land uses;

      (2)   Any major change in the street pattern; and

      (3)   An increase in density above that provided for in division (b)(5) below.

   (b)   Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:

      (1)   Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);

      (2)   Major decrease in density;

      (3)   Any decrease in the size of required open areas;

      (4)   A minor change in the street pattern.

      (5)   Any increase in density of a subarea:

         A.   Less than 25% for a subarea with less than eight units;

         B.   Less than 15% for a subarea with between nine and 20 units; and

         C.   Less than 8% for a subarea with 21 units or more.

      (6)   Any change in the number of parking spaces.

   (c)   Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:

      (1)   Any adjustment of a building within a previously established building envelope; and

      (2)   A minor reduction in density.

(1992 Code, App. C, § 14.05) (Ord. 20-02, passed 3-18-2002)

   Planned development districts shall be as enumerated below.

   (a)   (PD-1) Willow Run Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Willow Run Planned Development District:

      (1)   Subarea A.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: up to and including six single-family attached units in any one structure.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RA-1 zoning district.

         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RA-1 zoning district.

         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RA-1 zoning district.

         F.   Other regulations. Other regulations for Subarea A shall be: private roads shall provide access to the development.

      (2)   Subareas B through E.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: single-family dwelling

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RR zoning district.

         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RR zoning district.

         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RR zoning district.

         F.   Other regulations. Other regulations of Subareas B through E shall be:

            1.   A second road access is needed to serve Subarea C and the impact on the township road due to development of the subarea must be addressed;

            2.   Private roads shall provide access to the developments; and

            3.   The development of Subareas D and E shall include a road circulation plan that addresses access to abutting property.

      (3)   Subarea F.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: golf course.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319.

         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338.

         E.   Setback and height regulations. The setback and height requirements for all structures shall be as follows:

            1.   Fifty feet from all public rights-of-way and seven feet from all other property lines; and

            2.   Maximum height shall be 35 feet.

         F.   Other regulations. Other regulations for Subarea F shall be: none.

   (b)   (PD-2) Thomas Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Thomas Planned Development District.

      (1)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

         A.   Single-family dwelling; and

         B.   Agriculture limited to pasture and the production of crops.

      (2)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district and restricted as follows:

         A.   Accessory buildings limited to a total area of 2,500 square feet with each building not to exceed 1,250 square feet;

         B.   Livestock not to exceed a total of ten head;

         C.   Horses not to exceed one horse per family member; and

         D.   Dog kennel limited to ten adult dogs.

      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of the A-1 zoning district.

      (4)   Sign regulations. Signs shall be regulated in conformance with the provisions of the A-1 zoning district.

      (5)   Density, area, yard and height regulations. The same requirements shall apply as in the A-1 zoning district.

      (6)   Other regulations. Other regulations shall be: driveway access shall not enter onto County Highway 130.

   (c)   (PD-3) Willow Ridge Estates Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Willow Ridge Estates Planned Development District.

      (1)   Subarea A.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: single-family dwelling.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district. No accessory building shall exceed 1,200 square feet in area.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RR zoning district.

         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RR zoning district.

         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RR zoning district.

         F.   Other regulations. Other regulations for Subarea A shall be: subdivision roads shall be hard surfaced.

      (2)   Subarea B.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: single-family dwelling.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district. No accessory buildings shall exceed 1,200 square feet in area.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of the RR zoning district.

         D.   Sign regulations. Signs shall be regulated in conformance with the provisions of the RR zoning district.

         E.   Density, area, yard and height regulations. The same requirements shall apply as in the RR zoning district.

         F.   Other regulations. Other regulations for Subarea B shall be:

            1.   Subdivision roads shall be hard surfaced; and

            2.   Lots within the subarea shall not have driveway approaches directly onto Highway 38.

      (3)   Subarea C.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes: park and recreation facilities.

         B.   Sign regulations. There shall be no on-premises or off-premises signs permitted in the subarea.

         C.   Other regulations. Other regulations for Subarea C shall be: natural features in the subarea shall be retained to the greatest extent possible.

   (d)   (PD-4) Powder House Road Planned Development District.

      (1)   Generally. The regulations set forth herein or elsewhere in these regulations are the district regulations of the Powder House Road Planned Development District.

      (2)   Subarea A.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Convenience store with gas dispensing facilities;

            2.   Bank with drive-through;

            3.   Office; and

            4.   Personal and custom services such as barber shop, beauty salon, dry cleaning.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any use permitted in division (d)(2)A. above.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319, parking and loading regulations of the Comprehensive Joint Zoning Regulations for Minnehaha County and the city.

         D.   Sign regulations.

            1.   Signs shall be regulated in conformance with the provisions of §§ 160.570 et. seq. of this Code.

            2.   Exception: On-premises freestanding signage shall be monument style and be limited to one sign per frontage and a maximum sign area totaling 100 square feet, and six feet in height.

            3.   A detailed sign plan shall be submitted as part of the final development plan review.

         E.   Density, area, yard and height regulations. The maximum height and minimum lot requirements shall be as follows.

 

 

         F.   Other regulations. Other regulations for Subarea A shall be:

            1.   The developer shall agree to connect to the city water and sewer when available for the property;

            2.   Prior to building permit application, an access plan shall be approved by the county highway and city engineering departments and the state department of transportation;

            3.   Total building area not to exceed 7,500 square feet;

            4.   Surface water runoff from the parking and vehicle service areas shall remain on-site;

            5.   Prior to development of the gas dispensing use, an approved spill containment plan shall be approved by Minnehaha County and the city;

            6.   Shoebox style lighting shall be used when illuminating structures, including canopies and parking areas. All lighting systems shall be designed to reduce glare and light trespass on to adjacent land uses;

            7.   Outdoor product display or storage is prohibited;

            8.   Outdoor trash dumpster areas shall be screened;

            9.   Off-premises signs are prohibited;

            10.   A landscaping plan shall be submitted as a part of the final development plan;

            11.   All wastewater shall drain to holding tanks for disposal off-site. No on-site absorption fields shall be allowed;

            12.   The petitioner’s development guidelines, dated July 5, 1995, shall be adopted as part of the final development plan review process;

            13.   All driveways and parking areas shall be hard surfaced; and

            14.   A deceleration lane shall be provided for northbound traffic accessing the driveway onto Powder House Road.

   (e)   PD-5 Wheatstem Meadows Planned Development District. The regulations set forth herein or elsewhere in these regulations are the district regulations of the Wheatstem Meadows PD Planned Development District.

      (1)   Subarea A. This subarea is intended to provide for well designed commercial and general business office/technology, including research and development buildings, and light manufacturing uses accommodating management, research, design, marketing and production needs of enterprises in the planned development district. Uses shall generally be commercial and office, combined with the light manufacturing uses and warehousing of products or materials associated with the primary use. An emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangements.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Those uses allowed as permitted special and conditional uses in the C-4, planned commercial district, including on-sale alcohol establishment as an accessory use;

            2.   General business office/technology uses, including associated research and development buildings and light manufacturing uses, provided all storage is placed indoors; and

            3.   Except telecommunications towers are not allowed.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 160.550 through 160.556 of this Code.

         D.   Sign regulations. On-premises sign types shall be limited to ground mounted monument style, building identification signs and campus identification signs and be regulated in conformance with §§ 160.570 et seq. of this Code, on-premises sign regulations for the C-4, planned commercial district, and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control. A maximum of one campus identification sign, located along Sixtieth Street at Saffron Trail intersection may be allowed and be a maximum of 18 feet in height and 64 square feet in size.

         E.   Density, area, yard and height regulations.

 

 

         F.   Other regulations. Other regulations for Subarea A shall be:

            1.   Development shall be preceded by annexation and completion of proper municipal street, sanitary sewer, water and storm water drainage improvements;

            2.   Prior to development, a water and sanitary sewer service and systems improvement plan shall be designed for the entire property and approved by the city. The developer shall agree to connect to city water and sewer when available for the property.

            3.   Development shall be coordinated with traffic signalization plans and future street improvements on Kiwanis Avenue and Sixtieth Street North;

            4.   The right-of-way for Reuben Goertz Boulevard be 100-foot minimum width;

            5.   Curb cuts be limited to three on Kiwanis Avenue and three on Sixtieth Street North, as depicted on the initial development plan;

            6.   A 30-foot wide minimum landscape setback shall be established along Kiwanis Avenue, Sixtieth Street East and Reuben Goertz Boulevard; and

            7.   An avigation easement, acceptable to the city’s airport authority, shall be filed with the county register of deeds prior to any building development.

      (2)   Subarea B. This subarea is intended to provide for well designed business and technology buildings, accommodating management, research, design, marketing and production needs of enterprises in the planned development district. Uses shall generally be office, institutional and light manufacturing uses, combined with warehousing of products or materials associated with the primary use. An emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangements.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Those uses allowed as permissive, permitted special and conditional uses in the O Office and S institutional districts;

            2.   General business office/technology uses, including associated research and development buildings, and light manufacturing uses, provided all storage is placed indoors; and

            3.   Except telecommunications towers are not allowed.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 160.550 through 160.556 of this Code.

         D.   ign regulations. On-premises sign types shall be limited to ground mounted monument style, building identification signs and campus identification signs and be regulated in conformance with §§ 160.570 et seq. of this Code, on-premises sign regulations for the O office district, and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.

         E.   Density, area, yard and height regulations.

 

 

         F.   Other regulations. Other regulations for Subarea B shall be:

            1.   Development shall be preceded by annexation and completion of proper municipal street, sanitary sewer, water and storm water drainage improvements;

            2.   Prior to development, a water and sanitary sewer service and systems improvement plan shall be designed for the entire property and approved by the city. The developer shall agree to connect to city water and sewer when available for the property;

            3.   Development shall be coordinated with traffic signalization plans and future street improvements on Kiwanis Avenue and 60th Street North;

            4.   The right-of-way for Reuben Goertz Boulevard be 100-foot minimum width;

            5.   Curb cuts be limited to three Kiwanis Avenue, as depicted on the initial development plan. The proposed Saffron Trail and Kiwanis Avenue intersection, however, shall be aligned with the main roadway for the Redstone Village PD Planned Development District located to the west, across Kiwanis Avenue;

            6.   A 30-foot wide minimum landscape setback shall be established along Kiwanis Avenue and Reuben Goertz Boulevard; and

            7.   An avigation easement, acceptable to the city’s airport authority, shall be filed with the county register of deeds prior to any building development.

      (3)   Subarea C. This subarea is intended to provide for well designed business and technology buildings, accommodating management, research, design, marketing and production needs of enterprises in the planned development district. Uses shall generally be limited commercial, office, institutional and light manufacturing uses, combined with warehousing of products or materials associated with the primary use. An emphasis will be put on the quality of the development with regard to its landscaping, setbacks and site arrangements.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Those uses allowed as permissive, permitted special and conditional uses in the O Office and S institutional districts, except telecommunications towers are not allowed;

            2.   General business office/technology uses, including associated research and development buildings, and light manufacturing uses, provided all storage is placed indoors;

            3.   Hotel/motel, including on-sale alcohol establishment as an accessory use;

            4.   Light manufacturing, provided all manufacturing and storage takes place indoors;

            5.   Warehouse or mini warehouse, provided all storage must be indoors;

            6.   Wholesale trade or merchandising;

            7.   Antenna support structure, subject to stealth design approved by the director of planning and building services;

            8.   Farm/feed store; and

            9.   Wind energy conversion systems.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 160.550 through 160.556 of this Code.

         D.   Sign regulations. On-premises sign types shall be limited to ground mounted monument style, building identification signs and campus identification signs and be regulated in conformance with §§ 160.570 et seq. of this Code, on-premises sign regulations for the O office district, and the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control. A maximum of two campus identification signs, located along 60th Street at Reuben Goertz Boulevard and Thyme Drive intersections may be allowed and each campus id sign being a maximum of 18 feet in height and 64 square feet in size.

         E.   Density, area, yard and height regulations.

 

         F.   Other regulations. Other regulations for Subarea C shall be:

            1.   Development shall be preceded by annexation and completion of proper municipal street, sanitary sewer, water and storm water drainage improvements;

            2.   Prior to development, a water and sanitary sewer service and systems improvement plan shall be designed for the entire property and approved by the city. The developer shall agree to connect to city water and sewer when available for the property;

            3.   Development shall be coordinated with traffic signalization plans and future street improvements on Kiwanis Avenue and Sixtieth Street North;

            4.   The right-of-way for Reuben Goertz Boulevard be 100-foot minimum width;

            5.   Curb cuts be limited to three on Sixtieth Street North as depicted on the initial development plan;

            6.   A 30-foot wide minimum landscape setback shall be established along Sixtieth Street East and Reuben Goertz Boulevard; and

            7.   An avigation easement, acceptable to the city’s airport authority, shall be filed with the county register of deeds prior to any building development.

   (f)   PD-6 Resurrection Planned Development District. The regulations set forth herein or set forth elsewhere in these regulations are the district regulations of the Resurrection Planned Development District.

      (1)   Subarea A.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Mortuary/funeral home;

            2.   Crematory;

            3.   Mausoleum;

            4.   Columnbarium;

            5.   Private lake(s);

            6.   Parking lot;

            7.   Naturalized tree, prairie and wetland plantings;

            8.   Service building; and

            9.   Manager/caretaker residence.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the City of Sioux Falls.

         D.   Sign regulations.

            1.   Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the City of Sioux Falls.

            2.   Exception: On-premises freestanding signage shall be limited to one monument style building identification sign 48 square feet maximum in size and six feet maximum in height. Traffic signs shall be regulated in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.

            3.   Concurrent with the first final development plan submittal, a master signage plan for Subarea A shall be submitted for the planning commission’s review and approval. Directional and building identification wall signs shall be permitted in accordance with the master signage plan adopted as part of the Resurrection Planned Development District subarea regulations.

         E.   Density, area, yard and height regulations.

 

 

         F.   Other regulations. Other regulations for Subarea A shall be:

            1.   Prior to development, a water service, system improvement and fire protection plan shall be approved by Minnehaha County and the City of Sioux Falls. The developer shall agree to connect to city water when available for the property;

            2.   Prior to development, a sanitary sewer and systems improvement plan shall be approved by Minnehaha County and the City of Sioux Falls. An approved private septic system may be utilized on a temporary basis. Embalming fluids from the funeral home shall be kept in a holding tank and disposed of properly. The developer shall agree to connect to city sanitary sewer service when available for the property;

            3.   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond;

            4.   A final development plan shall not be required for the naturalized tree, prairie and wetland plantings;

            5.   A 50-foot wide landscape setback along 267th Street must be established during the initial construction phase. A site landscape improvement plan for Subarea A shall be submitted concurrent with the first final development plan and include wetlands, ponds and plant material selections and locations for trees, shrubs, hedges and fencing for county and city review and approval; and

            6.   An access control plan for 267th Street shall be submitted concurrent with the first final development plan for county and city review and approval. The funeral home may use a temporary approach from the highway until the permanent gated main entrance is developed during the first phase of cemetery construction. The main gated entrance road shall be hard-surfaced.

      (2)   Subarea B.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Cemetery;

            2.   Chapel;

            3.   Private lake(s);

            4.   Parking lot;

            5.   Mausoleum;

            6.   Columnbarium;

            7.   Music tower;

            8.   Naturalized tree, prairie and wetland plantings;

            9.   Service building; and

            10.   Manager/caretaker residence.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.

         D.   Sign regulations.

            1.   Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.

            2.   Exception: On-premises freestanding signage shall be limited to one monument style sign along each street frontage, measuring 48 square feet maximum in size and eight feet maximum in height. Traffic signs shall be regulated in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.

            3.   A master signage plan for Subarea B shall be submitted for the planning commission’s review and approval. Cemetery identification and cemetery directional signs shall be permitted in accordance with the master signage plan adopted as part of the Resurrection Planned Development District subarea regulations.

         E.   Density, area, yard and height regulations.

 

 

         F.   Other regulations. Other regulations for Subarea B shall be:

            1.   Prior to development, a water service, system improvement and fire protection plan shall be approved by Minnehaha County and the city. The developer shall agree to connect to city water when available for the property;

            2.   Prior to development, a sanitary sewer and systems improvement plan shall be approved by Minnehaha County and the city. The developer shall agree to connect to city sanitary sewer service when available for the property;

            3.   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond;

            4.   A final development plan shall not be required for the naturalized tree, prairie and wetland plantings;

            5.   A 50-foot wide landscape setback along 267th Street must be established during the initial construction phase. A site landscape improvement plan for Subarea B shall be submitted concurrent with the first phase of cemetery development and include wetlands, ponds and plant material selections and locations for trees, shrubs, hedges and fencing for county and city review and approval; and

            6.   An access control plan, including traffic control from 267th Street and 467th Avenue, shall be submitted for county and city review and approval. The main gated entrance road shall be hard-surfaced.

      (3)   Subarea C.

         A.   Uses permitted. A building or premises shall be permitted to be used for the following purposes:

            1.   Recreation center;

            2.   Educational facilities;

            3.   Retreat center;

            4.   Conference center;

            5.   Private lake(s);

            6.   Parking lot;

            7.   Tree farm/orchard;

            8.   Church;

            9.   Office;

            10.   Naturalized tree, prairie and wetland plantings;

            11.   Caretaker’s residence; and

            12.   Statue gardens/stations of the cross.

         B.   Accessory uses. Accessory uses and buildings permitted are those accessory uses and buildings customarily incident to any permitted use in this district.

         C.   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 159.315 through 159.319 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.

         D.   Sign regulations.

            1.   Signs shall be regulated in conformance with the provisions of §§ 159.330 through 159.338 of the Comprehensive Joint Zoning Regulation for Minnehaha County and the city.

            2.   Exception: On-premises freestanding signage shall be limited to one monument style sign along 467th Avenue frontage, measuring 32 square feet maximum in size and six feet maximum in height. Traffic signs shall be regulated in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) for traffic control.

            3.   A master signage plan for Subarea C shall be submitted for the planning commission’s review and approval. Cemetery identification, cemetery directional and building identification signs shall be permitted in accordance with the master signage plan adopted as part of the Resurrection Planned Development District subarea regulations.

         E.   Density, area, yard and height regulations.

 

 

         F.   Other regulations. Other regulations for Subarea C shall be:

            1.   Prior to development, a water service, system improvement and fire protection plan shall be approved by Minnehaha County and the city. The developer shall agree to connect to city water when available for the property;

            2.   Prior to development, a sanitary sewer and systems improvement plan shall be approved by the city. The developer shall agree to connect to city sanitary sewer service before development of this subarea;

            3.   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention ponds;

            4.   A final development plan shall not be required for the naturalized tree, prairie and wetland plantings and statue gardens/stations of the cross;

            5.   A site landscape improvement plan for Subarea C shall be submitted for county and city review and approval and include wetlands, ponds and plant material selections and locations for ponds, trees, shrubs, hedges and fencing; and

            6.   An access control plan, including traffic control from 467th Avenue, shall be submitted for county and city review and approval. The gated entrance road shall be hard-surfaced.

   (g)   Reserved.

   (h)   Reserved.

   A maximum of one (1) primary structure not to exceed 8,000 square feet. The following uses are permitted within the primary structure: weddings, hosting wedding receptions, prewedding events and dinners, photography office/business, events space rental, and law office.

            1.    Banquet/reception hall and events facility.

            1.   Subdivision roads shall be private and privately maintained.

            2.   A property association shall be created and include all property within the subarea to assure maintenance of the private roads and common areas.

            3.   That all connections onto the Mapleton Township road system must be approved by Mapleton Township.

            4.   The hours of operation shall be between 8 a.m. and midnight with the exception of New Year's Eve, which must be between 8 a.m. and 1 a.m.

            5.   No outdoor music shall be allowed after 10 p.m.

            6.   All outdoor lighting shall be of a full cutoff and fully shielded design to prevent direct spillage of light beyond the property boundaries.

            7.   Dust control shall be applied by the applicant from the approach west to the pavement on Slip Up Creek Road.

            1.   Prior to construction in Subarea A, a Final Development Plan shall be presented to the Planning Commissions for their approval.

      Those uses permitted in the A-1 Agricultural zoning district.

            1.   Subdivision roads shall be private and privately maintained.

            2.   A property association shall be created and include all property within the subarea to assure maintenance of the private roads and common areas.

            3.   That all connections onto the Mapleton Township road system must be approved by Mapleton Township.

            1.   Prior to construction in Subarea B, a Final Development Plan shall be presented to the Planning Commissions for their approval.

            Those uses permitted as permissive uses in the RC Recreational/Conservation zoning district, except for single-family dwelling.

            1.   Agriculture.

            2.   Single-family dwelling.

            3.   Park.

            4.   Historic site.

            5.   Greenhouse and nursery provided there is no retail sale of products conducted on the premises.

            1.   The residential density shall not exceed two dwelling units for the subarea. Location of the building sites shall be included in the final development plan and situated in such a manner to pose the least impact on access to the park in Subarea A.

            2.   No dwelling shall be located within the 100-year floodplain as shown on the county's flood insurance rate map.