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Sioux Falls City Zoning Code

OVERLAY DISTRICTS

§ 160.410 INTENT; SCOPE OF REGULATIONS.

   (a)   Intent. This district is intended to provide both developing and redeveloping areas with special standards to protect and enhance the unique features of the area. It is not intended that these regulations interfere with, abrogate or annul any other rules or regulations of this chapter; except that if the design review overlay district imposes a greater restriction than the underlying zoning district regulations, they shall control.
   (b)   Scope. The regulations set forth in this subchapter or set forth elsewhere in this chapter when referred to in this subchapter are the district regulations in the DR design review overlay district.
(1992 Code, App. B, § 15.43.010) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.411 BOUNDARIES OF DISTRICTS.

   The boundaries of each design review overlay district are shown upon a map which is made a part of each overlay district by reference. That part of each map designating the title and boundaries shall have the same force and effect as if they were all fully set forth herein.
(1992 Code, App. B, § 15.43.020) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.412 USES PERMITTED.

   A building or premises may be used for the purposes permitted in the underlying zoning district provided it is in conformity with the conditions required in the design review overlay district.
(1992 Code, App. B, § 15.43.030) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.413 ACCESSORY USES.

   Accessory uses and buildings permitted are accessory buildings and uses customarily incident to any of the permitted uses in the underlying zoning district which are not prohibited by the overlying design review overlay district.
(1992 Code, App. B, § 15.43.040) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.414 PARKING REGULATIONS.

   All parking, loading and stacking shall be regulated by the underlying zoning district and in conformance with the provisions of the overlying design review district.
(1992 Code, App. B, § 15.43.050) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.415 SIGN REGULATIONS.

   Signs shall be regulated in conformance with §§ 160.570 through 160.582 and any regulations imposed by the overlying design review overlay district.
(1992 Code, App. B, § 15.43.060) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)

§ 160.416 DENSITY, AREA, YARD AND HEIGHT REGULATIONS.

   The maximum height and minimum lot requirements shall be subject to the maximum height and minimum lot requirements of the underlying zoning district and any regulations imposed by the overlying design review overlay district.
(1992 Code, App. B, § 15.43.070) (Ord. 42-83, passed 6-27-1983; Ord. 9-13, passed 3-19-2013)
2014 S-12

§ 160.417 DESIGN REVIEW OVERLAY DISTRICTS ENUMERATED.

   Design review overlay districts adopted by the city shall be as enumerated below.
(1992 Code, App. B, § 15.43.080) (Ord. 42-83, passed 6-27-1983; Ord. 103-86, passed 12-1-1986; Ord. 53-87, passed 7-7-1987; Ord. 66-87, passed 8-3-1987; Ord. 121-88, passed 12-19-1988; Ord. 30-90, passed 4-20-1990; Ord. 39-90, passed 5-7-1990; Ord. 40-91, passed 5-6-1991; Ord. 64-92, passed 8-27-1992; Ord. 96-92, passed 11-2-1992; Ord. 93-96, passed 9-3-1996; Ord. 97-01, passed 11-5-2001; Ord. 109-01, passed 12-3-2001; Ord. 120-01, passed 12-10-2001; Ord. 27-07, passed 2-20-2007; Ord. 9-13, passed 3-19-2013)

§ 160.418 AIRPORT INFLUENCE OVERLAY DISTRICT.

   (a)   Boundaries.
      (1)   The airport influence overlay district is composed of lands located within an area affected by noise or safety hazards associated with aircraft operations at the Sioux Falls Regional Airport. The land use compatibility evaluation of the 2007 airport master plan was completed to determine the highest risks to properties and protect the community. The airport influence overlay district includes all or portions of the approach zone, transition zone, conical zone and airport noise exposure zone. The airport influence overlay district is identified as an overlay district.
      (2)   See map on file with the city zoning office.
   (b)   Intent. In order to secure safety, to promote health and general welfare of our community, and to avoid undue concentration of land where there are environmental constraints, an airport influence overlay district has been placed to address notification aspects of land use encroachment upon an operating airport. This shall ensure that the Sioux Falls Regional Airport is an integral part of the local economy and the national aviation system through the proactive enforcement of the surrounding land uses.
   (c)   Standards. Any zoning district change or zoning permit which lies within the airport influence overlay district shall conform to the following regulations and procedures:
      (1)   Zoning permits shall be consistent with the growth management plan and the zoning ordinances.
      (2)   Residentially platted lots as of June 28, 2007 (date of adoption of the airport ordinance) are allowed to apply for zoning permits to residential classification.
      (3)   With zoning permit for any school, hospital, or places of worship, property owners shall provide Noise Level Reduction (NLR) of at least ten dbl over standard construction practices (reducing to 55 dbl to 45 dbl).
      (4)   Zoning regulations.
Change of Zone
Regulations for Approval
Change of Zone
Regulations for Approval
Ag, REC, CN
A mitigation plan approved by the Sioux Falls Regional Airport Authority which addresses wildlife attractant(s) [Advisory Circular 150/5200-33B, Hazardous Wildlife Attractant, provides specific guidance].
C-1, C-2, C-3, C-4, I-1, I-2
Written documentation from the Sioux Falls Regional Airport Authority that occupancy standards meet FAA regulations. Local jurisdictions cannot waive federal regulations.
O, S-1, S-2, LW
With three conditions:
   (1)   The parcel contains three acres of land or less;
   (2)   The building contains 50,000 square feet of area or less; and
   (3)   Signed acknowledgment of the airport influence overlay district.
RS, RD-1, RD-2, RA-1, RA-2, RA-3
An avigation easement for noise and vibrations will be required; NLR* are recommended for future residents.
*   NLR-Noise Level Reduction-Outdoor to indoor reduction to be achieved through incorporation of noise attenuation into the design and construction of the structure(s).
 
   (d)   Plan review.
      (1)   Submittal. Items within division (c)(4) above must be submitted with the application for a zoning district change or zoning permit; they must be completed and filed by the effective date of the zoning district change or zoning permit. If regulations are not met by effective date, the zoning regulations will become a condition of plat approval.
      (2)   Approval of plans. Zoning district change or zoning permit of any property within the airport influence overlay district shall undergo a review by the planning commission if the regulations listed in division (c)(4) above are not in compliance.
(1992 Code, App. B, § 15.43.100) (Ord. 42-83, passed 6-27-1983; Ord. 76-07, passed 6-4-2007; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.419 APPROACH ZONE.

   (a)   Within the airspace above the approach zone to each end of a runway designed to be used for instrument landings, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to 50 (horizontal) (1:50) projected from a point 200 feet beyond the end of a runway for a distance of 10,000 feet, the plane to be in the shape of symmetrical trapezoid 1,000 feet in width at its lowest point and 4,000 feet in width at its highest point; combined with a second plane with a slope of one (vertical) to 40 (horizontal) (1:40) extending from the upper edge of the first plane for an additional distance of 40,000 feet, the plane to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point.
   (b)   Within the airspace above the approach zone to each end of a runway not designed to be used for instrument landings, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 40 (horizontal) (1:40) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, the plane to be a symmetrical trapezoid calculated by representatives of the Sioux Falls Regional Airport Authority.
(1992 Code, App. B, § 15.43.102) (Ord. 42-83, passed 6-27-1983; Ord. 76-07, passed 6-4-2007; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.420 TRANSITION ZONES.

   Within the established transition zones adjacent to each instrument and noninstrument runway and approach zone, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to seven (horizontal) (1:7). Transition zones extend outward and upward from a line (*) feet on either side of the centerline of noninstrument runways for the length of the runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and noninstrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intercept to the surfaces of the horizontal and conical zones.
*   The applicable distance in feet must be based on runway length as set forth in § 77.25 of part 77 of the Federal Aviation Regulations.
(1992 Code, App. B, § 15.43.104) (Ord. 42-83, passed 6-27-1983; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.421 CONICAL ZONE.

   (a)   Within (*) feet from the established airport reference point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zones.
   (b)   Within the conical zone, which commences at the periphery of the horizontal zone and extends outward there from a distance of (*) feet, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 20 (horizontal) (1:20).
   (c)   Exception: Nothing in this section shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to 20 feet above the surface of the land.
(*)   The applicable distance in feet must be based on runway length as set forth in § 77.25 Civil Airport Imaginary Surfaces of the Federal Aviation Regulations.
(1992 Code, App. B, § 15.43.106) (Ord. 42-83, passed 6-27-1983; Ord. 76-07, passed 6-4-2007; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.422 NOISE EXPOSURE ZONE.

   (a)   The noise exposure zone reflects the 65 DNL as regulated by the Federal Aviation Administration as shown within the June 28, 2007, adopted airport master plan, on file with the Sioux Falls Regional Airport Authority.
   (b)   An avigation easement shall be placed on property within the noise exposure zone when a building permit for substantial improvements to a habitable residential structure is being requested.
(1992 Code, App. B, § 15.43.108) (Ord. 42-83, passed 6-27-1983; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.423 AVIGATION EASEMENT.

   Within the airport influence overlay district, an avigation easement may be conveyed to the Sioux Falls Regional Airport Authority by property owners subdividing lands, initiating substantial construction of any habitable structure on already subdivided lands, or changing zones within the airport influence overlay district. The Sioux Falls Regional Airport Authority shall be the grantees of the avigation easement, and shall be able to facilitate an agreed upon easement between the two parties.
(1992 Code, App. B, § 15.43.110) (Ord. 42-83, passed 6-27-1983; Ord. 76-07, passed 6-4-2007; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.424 ACKNOWLEDGMENT OF AIRPORT INFLUENCE OVERLAY DISTRICT.

   Property owners within the airport influence overlay district may sign an acknowledgment notice and submit the notice to be filed with the city.
(1992 Code, App. B, § 15.43.120) (Ord. 42-83, passed 6-27-1983; Ord. 76-07, passed 6-4-2007; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)

§ 160.425 BILLBOARD/OFF-PREMISE SIGN OPPORTUNITY OVERLAY DISTRICT.

   The Billboard/Off-Premise Sign Opportunity Overlay District intent, boundary, and standards are established as part of this code.
(Ord. 88-15, passed 9-1-2015)