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Sioux Falls City Zoning Code

CHAPTER 154

PLANNING

§ 154.001 ORDINANCES SAVED FROM REPEAL.

   Nothing contained in this Code or in the ordinance adopting this Code shall be construed to repeal or otherwise affect in any manner:
   (a)   Any zoning ordinance of the city or amendment thereto;
   (b)   Any subdivision ordinance of the city or amendment thereto; or
   (c)   Any ordinance dedicating, accepting or vacating any plat or subdivision in the city or any part thereof.
(1957 Rev. Ords., § 16.407; 1992 Code, § 32-1)

§ 154.002 PLANNING AGENCY DESIGNATED.

   Pursuant to the Sioux Falls city charter, § 4.04, the city department of planning and building services is hereby designated as the planning agency.
(1992 Code, § 32-2) (Ord. 35-95, passed 3-6-1995)

§ 154.015 CREATED.

   There is hereby created a city planning commission for the city and for land within the joint jurisdictional area and not located within any other municipality.
(1957 Rev. Ords., § 2.901; 1992 Code, § 32-17) (Ord. 1992, passed 8-3-1959)

§ 154.016 COMPOSITION.

   The city planning commission shall consist of nine members, qualified by knowledge or experience to act in matters pertaining to the development administration of a comprehensive plan, and who shall not hold any elective office in the city government.
(1957 Rev. Ords., § 2.902; 1992 Code, § 32-18) (Ord. 1992, passed 8-3-1959; Ord. 26-99, passed 3-1-1999)

§ 154.017 APPOINTMENT.

   The members of the city planning commission shall be appointed by the mayor subject to the approval of the city council.
(1957 Rev. Ords., § 2.902; 1992 Code, § 32-19) (Ord. 1992, passed 8-3-1959)

§ 154.018 TERMS OF MEMBERS.

   The appointment of each member of the planning commission shall be for terms of five years so that there will be an overlapping of tenures.
(1957 Rev. Ords., § 2.903; 1992 Code, § 32-20) (Ord. 1992, passed 8-3-1959)

§ 154.019 VACANCIES.

   Any vacancy in the membership of the planning commission shall be filled for the unexpired term by the mayor in the same manner as for appointment.
(1957 Rev. Ords., § 2.904; 1992 Code, § 32-21) (Ord. 1992, passed 8-3-1959)

§ 154.020 REMOVAL FOR CAUSE.

   The mayor, with the confirmation of the city council, shall after public hearing have authority to remove any member of the planning commission for cause, which cause shall be stated in writing and made a part of the record of the hearing.
(1957 Rev. Ords., § 2.905; 1992 Code, § 32-22) (Ord. 1992, passed 8-3-1959)

§ 154.021 COMPENSATION; EXPENSES.

   All members of the planning commission shall serve as such without compensation, except for actual expenses, which shall be subject to approval of the city council.
(1957 Rev. Ords., § 2.906; 1992 Code, § 32-23) (Ord. 1992, passed 8-3-1959)

§ 154.022 ORGANIZATION.

   Upon appointment the planning commission shall be called together by the mayor and shall organize by electing a chairperson from among its members for a term of one year with eligibility for reelection, and may fill the other of its offices as it may create in a manner prescribed by the rules of the planning commission.
(1957 Rev. Ords., § 2.907; 1992 Code, § 32-24) (Ord. 1992, passed 8-3-1959)

§ 154.023 MEETINGS; RULES; RECORDS.

   The planning commission shall hold at least one regular meeting each month. Subject to the approval of the city council, it shall adopt those rules for transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations which shall be a public record.
(1957 Rev. Ords., § 2.908; 1992 Code, § 32-25) (Ord. 1992, passed 8-3-1959)

§ 154.024 ANNUAL REPORT.

   The planning commission shall each year distribute a report to the city council of its proceedings with a statement of its receipts and disbursements and the progress of its work during the preceding year.
(1957 Rev. Ords., § 2.909; 1992 Code, § 32-26) (Ord. 1992, passed 8-3-1959)

§ 154.025 EMPLOYMENT OF STAFF.

   Subject to the approval of the city council, the planning commission may employ technical, engineering, clerical and other assistance as may be deemed essential to carry on the work of the planning commission. Persons so employed shall not be under the civil service except as otherwise determined by the city council. The compensation of all employees shall be fixed by the city council.
(1957 Rev. Ords., § 2.910; 1992 Code, § 32-27) (Ord. 1992, passed 8-3-1959)

§ 154.026 CONTRACTS.

   All contracts and agreements relating to the work of the planning commission and for services or materials required by it shall be made by the city council in its discretion.
(1957 Rev. Ords., § 2.911; 1992 Code, § 32-28) (Ord. 1992, passed 8-3-1959)

§ 154.027 MISCELLANEOUS POWERS.

   (a)   The planning commission shall have all powers granted to zoning commissions and shall also be the zoning commission of the city.
   (b)   The planning commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. It may recommend to the executive or legislative officials of the city programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, available information as it may require for its work.
   (c)   The planning commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the planning commission shall have all powers as may be necessary to enable it to fulfill and perform its functions, promote city planning or carry out all the purposes of this chapter.
(1957 Rev. Ords., § 2.915; 1992 Code, § 32-29) (Ord. 1992, passed 8-3-1959)

§ 154.028 PREPARATION OF COMPREHENSIVE PLAN FOR CITY DEVELOPMENT; CONTENTS OF PLAN; CHANGES OR ADDITIONS.

   (a)   It shall be a function and duty of the planning commission to propose a plan for the physical development of the city, including any areas outside the boundary and within its planning jurisdiction which, in the planning commission’s judgment, bear relation to the planning of the city.
   (b)   The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission’s recommendations for the physical development and may include, among other things, the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterways and waterfront developments, playgrounds, airports and other public ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; a zoning ordinance for the regulation of the height, area, bulk, location and use of private and public structures and premises, and of population density as may be provided by law may be included as an adjunct to the comprehensive plan; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities or terminals; the general location, character, layout and extent of community centers and neighborhood units and the general character, extent and layout of the replanning of blighted districts and slum areas.
   (c)   The planning commission may from time to time propose amendments, extensions or additions to the comprehensive plan or carry any of the subject matter into greater detail. The planning director shall be responsible for preparing the master plan and amendments and extensions thereof and for submitting with recommendations the plans and modifications to the city planning commission for its consideration and adoption.
   (d)   Types of amendments.
      (1)   Comprehensive plan amendments. The planning director shall be responsible for preparing the master plan and amendments to the city planning commission for its consideration and adoption.
      (2)   Future land use plan [comprehensive plan] amendments. Property owners and/or the planning director may be responsible for preparing amendments to future land use map for city planning commission consideration and adoption.
   (e)   The public should be notified of proposed amendments and allowed an opportunity to be informed of the amendments and provide comment. The planning director and planning commission will consider neighborhood opinions in evaluating proposed amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide:
      (1)   Whether the proposed amendment is consistent with the goals, policies and overall intent of the text within the comprehensive plan;
      (2)   Whether the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property;
      (3)   Whether the proposed amendment achieves an arrangement of activities which promote harmonious interaction and minimizes land use conflicts surrounding the subject property;
      (4)   Whether the proposed amendment would adversely affect the environment, historic resources, natural resources, urban services, public facilities and transportation system;
      (5)   Whether the proposed amendment is warranted by an approved engineering analysis, including, but not limited to, adopted city-initiated master plans;
      (6)   Whether the proposed amendment would result in a logical and orderly development pattern;
      (7)   Whether the proposed amendment adversely affects any other part of the city, or creates any direct or indirect adverse effects; and
      (8)   In conclusion, whether the proposed amendment creates an undue impact on surrounding neighborhoods; whereas proposed developments should be consistent with the physical characteristics of the surrounding neighborhoods or improves their living environment and quality of life.
(1957 Rev. Ords., § 2.912; 1992 Code, § 32-30) (Ord. 1992, passed 8-3-1959; Ord. 06-06, passed 1-3-2006)

§ 154.029 GENERAL PURPOSES OF COMPREHENSIVE PLAN.

   In the preparation of the comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the city and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
(1957 Rev. Ords., § 2.913; 1992 Code, § 32-31) (Ord. 1992, passed 8-3-1959)

§ 154.030 ADOPTION OF COMPREHENSIVE PLAN.

   (a)   Plan proposed as a whole or in part. The planning commission shall propose to the city council the comprehensive plan as a whole by a single resolution, or, as the work of making the whole comprehensive plan progresses, may from time to time propose parts thereof, any part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.
   (b)   Public hearing required before recommendation of plan to city council; notice; submission. Before recommendation to the city council of the comprehensive plan or part thereof, the planning commission shall hold at least one public hearing, notice of the time and place of which shall be given at least 15 days in advance by publication in a newspaper having general circulation in the city. The planning commission shall submit the recommended comprehensive plan or part thereof to the city council.
   (c)   Vote required for adoption of plan; notice and hearing; reference to maps and descriptive matters; signature of mayor; ordinance subject to publication and protest provisions. The adoption by the city council of the plan or any part, amendment or additions shall, following the same type of notice and public hearing as required by division (b) above, be by resolution carried by the affirmative votes of not less than a majority of all the members of the city council. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the city council to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof, by the identifying signature of the mayor. If a zoning ordinance is included as an adjunct to the comprehensive plan, or any part, amendment or addition, that zoning ordinance shall be subject to the provisions of SDCL 11-4-5.
(1957 Rev. Ords., § 2.914; 1992 Code, § 32-32) (Ord. 1992, passed 8-3-1959)

§ 154.031 LEGAL STATUS OF COMPREHENSIVE PLAN.

   (a)   Whenever the city council shall have adopted the comprehensive plan of the city or any part thereof, no street, park or other public way, ground, place, space, no public building or structure, no public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof, shall be constructed or authorized in the city or within its subdivision jurisdiction as defined in § 154.033, until and unless the location and extent thereof shall have been submitted to and approved by the planning commission.
   (b)   In case of disapproval, the planning commission shall communicate its reasons to the city council, and the city council, by vote of not less than two-thirds of its entire membership, shall have the power to overrule the disapproval and, upon the overruling, the city council or the appropriate board or officer shall have the power to proceed.
   (c)   If the public way, ground, place, space, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing such, fall within the province of the city council or other body or official of the city, the submission to the planning commission shall be by the board or official having jurisdiction, and the planning commission’s disapproval may be overruled by the board by a vote of not less than two-thirds of its entire membership or by the official.
   (d)   The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for any street or other public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled.
   (e)   The failure of the planning commission to act within 65 days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by the city council or other submitting official.
(1957 Rev. Ords., § 2.916; 1992 Code, § 32-33) (Ord. 1992, passed 8-3-1959)

§ 154.032 RECOMMENDATION AND ADOPTION OF BUILDING AND SETBACK REGULATIONS; PUBLIC HEARING AND NOTICE REQUIRED.

   From and after the time when the city council shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of the making and adoption of a major street plan, the planning commission may recommend and the city council is hereby authorized and empowered by ordinance to establish, regulate and limit, and to change and amend, building or setback lines on the streets and to prohibit any new building being located within the building or setback lines. The regulations authorized by this section shall not be adopted, changed or amended until a public hearing has been held thereon, following the same notice as provided in § 154.030(b).
(1957 Rev. Ords., § 2.917; 1992 Code, § 32-34) (Ord. 1992, passed 8-3-1959)

§ 154.033 SUBDIVISION PLATS TO BE APPROVED AFTER MAJOR STREET PLAN ADOPTED; EXTRATERRITORIAL JURISDICTION OF CITY; REPORTS AND RECOMMENDATIONS BY PLANNING COMMISSION.

   From and after the time when the city council shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of making and adoption of a major street plan, and shall have filed a certified copy of the major street plan in the office of the register of deeds of the county, no plat of a subdivision of land lying within the city, or of land within the joint jurisdictional area and not located in any other municipality, shall be filed or recorded until it shall have been submitted to and a report and recommendations thereon made by the planning commission to the city council and the city council has approved the plat. This section shall be applicable to land within three miles of the city limits of the city and not located in any other municipality only if the comprehensive plan or major street plan includes that land. However, in the case of extra municipal land lying within three miles of more than one city, the jurisdiction of each municipality shall terminate at a boundary line equidistant from the respective corporate limits of the cities, unless otherwise agreed to by a majority vote of the governing body of each city. The plats shall, after report and recommendations of the planning commission are made and filed, be approved or disapproved by the city council. The planning commission shall make its recommendation to the city council within 60 days of submission.
(1957 Rev. Ords., § 2.918; 1992 Code, § 32-35) (Ord. 1992, passed 8-3-1959)
Cross-reference:
   Subdivisions, see ch. 157

§ 154.034 SUBDIVISION REGULATIONS; GENERALLY.

   In exercising the duties granted to it by this chapter, the planning commission shall recommend and the city council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in § 154.033. The regulations may provide for the harmonious development of the city and its environs; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the comprehensive plan of the city; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity. Before an adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-36) (Ord. 1992, passed 8-3-1959)

§ 154.035 SUBDIVISION REGULATIONS; SCOPE.

   (a)   Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer and other utility mains, piping, connections or other facilities shall be installed as a condition precedent to the approval of the subdivision. The regulations may provide for the tentative approval of the plat previous to the improvements and installation; but any tentative approval shall not be entered on the plat.
   (b)   The regulations may provide that, in lieu of the completion of the work and installations prior to the final approval of a plat, the city council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the city the actual construction and installation of the improvements and utilities within a period specified by the city council and expressed in the bond; and the city is hereby granted and has the power to enforce bonds by all appropriate legal and equitable remedies.
   (c)   The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the city is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-37) (Ord. 1992, passed 8-3-1959)
Cross-reference:
   Subdivisions, see ch. 157

§ 154.036 SUBDIVISION REGULATIONS; HEARING.

   Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the city council.
(1957 Rev. Ords., § 2.919; 1992 Code, § 32-38) (Ord. 1992, passed 8-3-1959)

§ 154.037 APPROVAL OF PLATS.

   (a)   The plat shall be approved or disapproved within 90 days after submission thereof; otherwise the plat shall be deemed to have been approved and a certificate to that effect shall be issued by the city council on demand, provided, however, that the applicant for the approval may waive this requirement and consent to the extension of the period. The ground of disapproval of any plat shall be stated upon the records of the city council.
   (b)   Any plat submitted for approval shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the city council without affording a hearing thereon, notice of the time and place of which shall be sent by mail to the address not less than five days before the date fixed therefor.
(1957 Rev. Ords., § 2.920; 1992 Code, § 32-39) (Ord. 1992, passed 8-3-1959)

§ 154.038 IMPROVEMENTS IN UNAPPROVED STREETS.

   (a)   Approved plat required for street or utility work after attachment of platting jurisdiction. From and after the time when the platting jurisdiction of the city shall have attached by virtue of the adoption of a major street plan as provided in § 154.033, the city or other public authority shall not, except as provided by division (b) below, accept, lay out, open, improve, grade, pave or light any street or lay or authorize the laying of water mains, sewers, connections or other facilities or utilities in any street within the city unless the street shall have been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to the adoption of a comprehensive plan, or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council.
   (b)   Street construction specifically authorized by ordinance; vote required to overrule planning commission. The city council, or, in the case of a street outside of the city, the governing body of the outside territory, may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the planning commission, be passed by not less than two-thirds of the entire membership of the city council or the governing body; and a street approval by the planning commission upon the submission, or constructed or accepted by two-thirds vote after disapproval by the planning commission, shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the city council or on a plat made by the planning commission and adopted by the city council.
(1957 Rev. Ords., § 2.921; 1992 Code, § 32-40) (Ord. 1992, passed 8-3-1959)
Cross-reference:
    Streets and sidewalks, see ch. 96

§ 154.039 BUILDINGS PROHIBITED ON UNAPPROVED STREETS; ACTION TO ENJOIN ERECTION OR REMOVE BUILDING.

   From and after the time when the platting jurisdiction of the city shall have attached by reason of the adoption of a major street plan as provided in § 154.033, no building permit shall be issued for or no building shall be erected on any lot within the territorial jurisdiction of the planning commission and the city council as provided in § 154.033, unless the street giving access to the lot upon which the building is proposed to be placed shall be accepted as opened as, or shall have otherwise received the legal status of, a public street prior to that time, or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council or with a street located or accepted by the city council, or, in the case of territory outside of the city, by the governing body thereof, after submission to the planning commission, and, in case of the planning commission’s disapproval, by the favorable vote required in § 154.038(b). Any building erected in violation of this section shall be deemed an unlawful structure, and the city or city council may bring action to enjoin the erection or cause it to be vacated or removed.
(1957 Rev. Ords., § 2.922; 1992 Code, § 32-41) (Ord. 1992, passed 8-3-1959)

§ 154.050 CREATED.

   An arts commission is hereby established.
(Ord. 82-23, passed 9-12-2023)

§ 154.051 COMPOSITION.

   The arts commission shall consist of no more than seven voting members appointed by the mayor with the advice and consent of the city council. Three ex officio non-voting members shall also serve, with two being city directors, or their designee, and one shall be a member of the city council. Appointed members shall be arts advocates that represent a diverse mixture of citizen representatives of the community, including one member representing arts organizations, one member with experience in architecture or design, one member with experience in community development, and one member with experience in finance and business. The remaining three members shall be appointed at large. Any member of the arts commission may serve without being a registered voter of the city.
(Ord. 82-23, passed 9-12-2023)

§ 154.052 TERM OF OFFICE.

   The board shall consist of seven appointed voting members who serve three-year terms for a maximum of two consecutive full terms, with two members to initially serve a two-year first term and one member to serve a one-year first term so that there will be an overlapping of terms as determined by the mayor. An appointed person may continue to serve on the commission for up to an additional four months after the expiration of the term of office until a replacement is appointed and approved. If any person is appointed to serve an unexpired term then that person would be eligible to serve an additional two consecutive full terms of office.
(Ord. 82-23, passed 9-12-2023)

§ 154.053 COMPENSATION; EXPENSE.

   All members of the arts commission shall serve as such without compensation, except for actual expenses, which shall be subject to approval by the mayor.
(Ord. 82-23, passed 9-12-2023)

§ 154.054 ORGANIZATION.

   Upon appointment, the arts commission shall be called together by the mayor and shall organize by electing a chair from any of its voting members for a term of one year with eligibility for reelection, and may fill such other of its offices as it may create.
(Ord. 82-23, passed 9-12-2023)

§ 154.055 MEETINGS; QUORUM, STAFF.

   The arts commission shall meet at least once each quarter. A majority of the voting members constitute a quorum. The director of planning and development services or designee shall act as staff to the commission.
(Ord. 82-23, passed 9-12-2023)

§ 154.056 COMMITTEES.

   The arts commission may create one or more committees to assist in fulfilling its purpose, duties, and responsibilities, including but not limited to a visual arts committee. Committees may make advisory recommendations to the arts commission. Committee members do not need to be members of the arts commission, but each committee shall include at least one voting member of the arts commission.
(Ord. 82-23, passed 9-12-2023)

§ 154.057 PURPOSE, DUTIES, AND RESPONSIBILITIES.

   The arts commission shall act as an advisory body to the mayor and city council on matters pertaining to the arts and the integration of art to activate public spaces and neighborhoods, and the utilization of arts to promote the city, its facilities, and activities.
   Its duties will include:
      (1)   Developing criteria based on recommendations from the arts committee on the public placement of art, including compatibility with general, social, and physical environment with which the art is to relate;
      (2)   Receive and review recommendations upon all works of art to be acquired by the city, either by purchase, gift, or otherwise;
      (3)   Developing criteria for review and awarding of projects funded through the city's arts promotion program;
      (4)   Collaborate with strategic partners for the development and implementation of the city's cultural plan to enhance quality of life and promote economic impact through arts and activation and support workforce development;
      (5)   Preparing an annual report to the mayor and city council on the status of the arts and its economic and community impact. The report shall include all financial and project information on the arts promotion program.
(Ord. 82-23, passed 9-12-2023)

§ 154.060 CREATED.

   An Active Transportation Board is hereby established.
(Ord. 141-22, passed 12-13-2022)

§ 154.061 COMPOSITION.

   The active transportation board shall consist of nine members with seven members appointed by the mayor with the advice and consent of the city council. The board shall be chaired by the Director of Planning and Development Services or their designee. One member shall be the Director of Public Works or their designee. The seven appointed members shall be a diverse mix of citizen representatives of the community including; three persons representing the bicycle subcommittee, the pedestrian subcommittee, and the PATH subcommittee. One member shall be appointed representing the development/real estate community. The remaining three members shall be appointed at-large and representing the values, needs, and concerns of all users of the city's roadways and transportation network system, including people who walk, ride bicycles, use transit, drive, and use other mobility devices.
(Ord. 141-22, passed 12-13-2022)

§ 154.062 TERM OF OFFICE.

   The board shall consist of no less than seven and no more than nine members who serve three year terms for a maximum of two consecutive full terms with two members to initially serve only a one-year first term and two members to serve only a two-year first term so that there will be an overlapping of terms as determined by the mayor. The Public Works and Planning and Development Services Director positions shall remain as permanent positions of the board. An appointed person may continue to serve the board for up to an additional four months after the expiration of the term of office until a replacement is appointed and approved. If any person is appointed to serve an unexpired term and serves less than one-half of that remaining unexpired term, then that person would be eligible to serve an additional two consecutive full terms of office. A board member may serve up to four months after the expiration of his/her term of office until a replacement is appointed and approved.
(Ord. 141-22, passed 12-13-2022)

§ 154.063 OPERATION.

   The board shall establish bylaws that include election of officers as needed, meetings, conflict of interests, and quorums. The bylaws shall be approved or amended by a two-thirds majority of all members of the board.
(Ord. 141-22, passed 12-13-2022)

§ 154.064 COMPENSATION; EXPENSE.

   All members of the active transportation board shall serve as such without compensation, except for actual expenses, which shall be subject to approval by the mayor.
(Ord. 141-22, passed 12-13-2022)

§ 154.065 ORGANIZATION.

   During its first meeting, the active transportation board shall adopt bylaws. The active transportation board may fill such other of its offices as it may create.
(Ord. 141-22, passed 12-13-2022)

§ 154.066 MEETINGS; QUORUM, STAFF.

   The active transportation board shall generally meet monthly. A majority of the members constitute a quorum. The planning and development services department shall staff the board.
(Ord. 141-22, passed 12-13-2022)

§ 154.067 MISSION OF ADVISORY BOARD.

   The mission of the active transportation board shall be to significantly reduce all transportation fatalities and severe injuries, while increasing safe, comfortable, healthy, and equitable mobility for all.
(Ord. 141-22, passed 12-13-2022)

§ 154.068 PURPOSE OF ADVISORY BOARD.

   The purpose of the Sioux Falls Active Transportation Board (ATB) is to advise the city council, city departments, and city boards regarding bicycle, pedestrian, and other active transportation and accessible pedestrian transportation modes.
(Ord. 141-22, passed 12-13-2022)

§ 154.069 SUBCOMMITTEES.

   ATB shall have three subcommittees to assist in working through details of active transportation plans, programs, design, implementation, and funding recommendations. The subcommittees include a bicycle subcommittee, a pedestrian subcommittee, and a school traffic safety advisory (PATH) subcommittee.
(Ord. 141-22, passed 12-13-2022)

§ 154.070 OFFICIAL BUSINESS DUTIES - RECOMMENDATIONS TO CITY COUNCIL.

   Recommendation of the active transportation board is required as a part of official business before city council approval on the following items and as detailed in the advisory board bylaws:
   (a)   Bicycle and pedestrian projects within the CIP and city operating budget.
   (b)   City's bicycle plan and pedestrian plan.
   (c)   City complete street policy.
   (d)   Ordinance changes related to bicycle, pedestrian, or any other transportation accessibility law.
   (e)   To prepare recommendations in matters related to the school traffic safety plans and programs.
(Ord. 141-22, passed 12-13-2022)

§ 154.071 OFFICIAL BUSINESS DUTIES - LETTER OF ADVOCACY.

   The active transportation board may provide letters of advocacy on the following matters pertaining to complete streets and active and accessible pedestrian transportation as detailed in the advisory board bylaws; to include, but not limited to the following:
   (a)   Bicycle and pedestrian corridor and connection plans.
   (b)   On-street bicycle route changes.
   (c)   Any complete street design review.
   (d)   Pedestrian and bicycle safety programs and education.
   (e)   Bicycle trail projects.
   (f)   Walk or bicycle on-site reviews.
   (g)   Traffic signal, intersection control, and crosswalk improvements.
   (h)   Bicycle parking.
   (i)   Sidewalk furnishing.
   (j)   School traffic and safe routes to school improvements.
   (k)   Other complete street, pedestrian, or bicycle issues that the board would like to provide an advocacy letter.
(Ord. 141-22, passed 12-13-2022)

§ 154.072 PUBLIC ENGAGEMENT.

   The active transportation board shall listen to citizen input and develop methods on improving conditions for active transportation users as detailed in the advisory board bylaws. The board shall encourage an informal and robust discussion during the public engagement portion of the meeting agenda allowing any and all members of the public to join the informational and discussion topics. A good portion of the meeting shall be devoted to public engagement.
(Ord. 141-22, passed 12-13-2022)

§ 154.073 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSIBLE PEDESTRIAN TRANSPORTATION. Any form of transportation that requires a personal assistive mobility device to complete pedestrian activities.
   ACCESSIBLE PEDESTRIAN TRANSPORTATION USERS. Any person with a disability who uses a mobility device to complete pedestrian activities and use the street and trail system of the city devices include, but are not limited to: wheelchairs, scooters, or any other electric personal assistive mobility device as defined by the Americans with Disability Act.
   ACTIVE TRANSPORTATION. Traveling on a street, sidewalk, or trail through human power.
   ACTIVE TRANSPORTATION USERS. Any person who uses the following forms of active transportation including, but not limited to bicycles, pedestrians, joggers, runners, wheelchair users, skateboarders, inline skaters, and other active forms of transportation. Active transportation users also include transit users because of the requirement to walk or wheel to a bus stop.
   COMPLETE STREETS. Streets that are designed to accommodate all potential users including all active and accessible pedestrian transportation users.
(Ord. 141-22, passed 12-13-2022)

§ 154.074 AUTHORITIES FOR ALL BOARDS, COMMISSIONS, AND AGENCIES.

   All ATB policies shall follow Chapter 30 of Code of Ordinances of Sioux Falls, SD, including:
   (a)   Section 30.025. Creation of agencies, authorities, committees, boards, commissions, and districts.
   (b)   Section 30.026. Rules for committees and commissions.
(Ord. 141-22, passed 12-13-2022)