Spearfish City Zoning Code

SUPPLEMENTARY REGULATIONS

§ 156.060 DEVELOPMENT STANDARDS.

In order to accomplish the general purpose of this chapter, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas and are potentially incompatible with existing development.

(A) Manufactured home parks/subdivisions. The following development standards shall apply for all manufactured home parks, which shall be approved as a development permitted on review.

(1) Minimum area of manufactured home parks.

(a) No park shall be allowed to open on less than two acres.

(b) Only manufactured homes shall be permitted, except for additions and accessory structures which may be constructed on-site.

(2) Minimum lot size. Five thousand square feet, exclusive of public street rights-of-way and private street easements.

(3) Street standards.

(a) Public streets shall meet minimum standards of the subdivision ordinance or, in the case of private streets, standards established by the City Council in the approval process.

(b) Cul-de-sac roads shall have a maximum length of 300 feet and a minimum turnaround of 40-foot radius.

(4) Street lighting. The developer shall furnish and install street lights in accordance with city standards. On private streets, lights shall be operated and maintained by the developer.

(5) Fencing and screening. The developer shall install screening, opaque fencing or plantings on the front, side and rear perimeters of the manufactured home park, according to site plans approved by the Planning Commission.

(6) Shade trees. The developer shall plant shade trees on the property. One tree with a minimum trunk diameter of not less than one inch shall be planted on each manufactured home lot. Trees shall be of varieties recommended by the City Parks and Recreation Department.

(7) Drainage and storm sewers. Per Ch. 154.

(8) Water/sewer facilities. Per Ch. 154.

(9) Utilities. Per Ch. 154.

(10) Recreation areas. A park and recreation area shall be provided having a minimum of 150 square feet for each manufactured home site, consolidated into usable space. This requirement may be waived by the Planning Commission if the manufactured home park has minimum lot sizes of 6,000 square feet.

(11) Accessory buildings. Accessory buildings shall meet minimum setbacks in division (A)(14)(d) below.

(12) Lot width. Minimum 50 feet.

(13) Perimeter setbacks.

(a) Twenty-five-foot perimeter setback from all public rights-of-way;

(b) Any perimeter yard abutting a residential district shall maintain a 15-foot setback; and

(14) Lot setbacks.

(a) Front yard: 15 feet from all road rights-of-way within the manufactured home park;

(b) Rear yard: ten feet;

(d) Accessory structures: five feet, side and rear.

(15) Off-street parking. There shall be a minimum of two paved, off-street parking spaces on each manufactured home lot, which may be located in the front or side yard.

(16) Storage space. The manufactured home park shall provide a paved storage area for boats, campers, RVs and the like for use only by tenants. The number of spaces within this area shall be equal to one space for every five manufactured homes sites. Each space shall be ten feet by 20 feet.

(17) Securing and skirting. All manufactured homes and accessory structures shall be securely anchored to the ground, at intervals approved by the Building Official. Manufactured homes, once in their permanent location upon the lot, shall be fully skirted within 60 days.

(18) Additions to manufactured homes. Building permits shall be required for all additions, which shall meet all setback requirements. No additions or structures erected shall have a height greater than the height of the manufactured home to which it is attached; and shall be supported by a foundation approved by the Building Official.

(19) Signs.

(a) The developer shall install, in accordance with standards of the city, all road and street name signs.

(b) Each manufactured home park shall be permitted to display, on each frontage, one identifying sign of maximum size of 25 square feet.

(20) Guarantees to include improvements. Guarantees may be required in an amount determined by the Planning Commission and approved by the City Council, to assure completion of all requirements within this section.

(21) General provisions.

(a) Sidewalks from the paved driveway to the main entry of the manufactured home shall be a minimum of 36 inches in width.

(b) Each manufactured home shall have an address of three-inch high letters mounted on the side fronting the street.

(d) Each manufactured home space shall be serviced by the public water and sewer system. Manufactured homes that cannot be connected to the public water and sewer system shall not be permitted.

(e) Manufactured homes shall not be used for commercial, industrial or other nonresidential uses, except home occupations as defined in § 156.004 and permitted as a use permitted on review.

(22) Application requirements. The application shall be accompanied by three copies of the plot plan drawn to scale and prepared by a licensed engineer or architect. The following information shall be shown:

(a) The location and legal description of the proposed manufactured home park;

(b) Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the manufactured home park;

(d) The location and size of all manufactured home spaces;

(e) The location of all points of ingress and egress and internal traffic circulation pattern;

(f) A landscaping plan;

(g) The location of all lighting standards to be provided;

(h) The location of all walls and fences, the indication of their height and the materials of their construction;

(i) The name and address of the applicant;

(j) Such other architectural and engineering data as may be required to permit the Zoning Administrator and City Council to determine if the provisions of this chapter are being complied with; and

(k) An estimated timetable for project development.

(B) Water and sewer systems and septic systems.

(1) Water systems. Each primary residential and commercial use within the city shall be connected with the municipal water system, according to Ch. 52. Property zoned Rural Large Lot Single-Family shall be exempt from this requirement and shall be permitted private individual or shared wells according to state statutes governing private wells.

(2) On-site water system. Any use involving a principal structure which is not served by the municipal water system, shall have an on-site water system. Approval of the on-site system shall be according to Ch. 52.

(3) Sewer systems and on-site sewage disposal alternatives. Each residential and commercial unit within the city shall be connected with a public sewer system according to § 53.006. Alternate plumbing fixtures for on-site disposal systems shall be governed by § 53.005.

(1) (a) Whenever property in one zoning category abuts property of a more restrictive zoning category and the property in the less restrictive category is being developed, the Zoning Administrator may require, as a condition of the building permit, such barriers be constructed by the developer as are deemed necessary and appropriate for the protection of the more restrictive area. Appeals of the Zoning Administrator’s requirements shall be per § 156.085.

(b) The zoning from most restrictive to least restrictive is as follows: AG, R-1, R-2, R-3, CC, C-1, C-2, ILR and IH.

(c) Such devices may include fences, hedges, traffic controls and patterns or any other device reasonably necessary to attain the goals sought.

(d) For purposes of definition, property of one zoning category shall be deemed to abut another zoning category whenever two properties directly abut.

(2) The foregoing provision shall not apply to the development of an R-2 property abutting an R-1 District.

(3) In commercial and industrial districts, outside storage of goods or materials shall be prohibited in any area on the street frontage of a building.

(D) Stormwater.

(1) Every owner of real property shall be responsible for the safe discharge of stormwater from the owner’s property. All building and development plans shall include a stormwater discharge and disposal plan which shall be approved by the City Engineer.

(2) If connection to an existing storm sewer is not available or if the existing storm sewer is not adequate as determined by city staff, every owner of commercial, industrial and multi-family zoned property shall be required to construct an on-site stormwater detention facility for all impervious surfaces. The facility shall be designed by a registered professional engineer.

(3) Every developer of a new subdivision shall submit plans for stormwater handling and discharge for approval by the City Engineer. If connection to existing storm drainage facilities is not available, new subdivisions of more than ten acres and having a minimum of 15 building lots shall construct an on-site stormwater detention facility designed by a registered professional engineer.

(4) The on-site detention facilities required herein shall meet the following minimum requirements.

(a) The post-development peak flow from the site shall be detained such that it shall not exceed the existing peak flow from the site for the ten-year frequency and 50-year frequency, 24-hour rainfall events.

(b) The existing and post-developed peak flows and runoff hydrographs shall be determined by watershed modeling using Technical Release 55 (TR-55), Urban Hydrology for Small Watersheds from the Natural Resources Conservation Service, formerly the Soil Conservation Service (SCS).

(c) Rainfall data shall be obtained from National Weather Service Technical Paper 40 (NWSTP-40) and the SCS Synthetic Rainfall 24-hour Distribution Type II shall be used to develop the rainfall curve.

(d) Stormwater detention volumes and release rates shall be determined by routing the runoff hydrographs using detailed routing computations based on the application of the continuity principle (i.e., level pool routing).

(Prior Code, App. A, Art. V, § 1) (Ord. 969, passed 8-18-2003; Ord. 986, passed 6-25-2004; Ord. 999, passed 2-7-2005; Ord. 1165, passed 11-19-2012)

§ 156.061 ADDITIONAL AREA REQUIREMENTS.

The following requirements are intended to provide exceptions or to qualify and supplement, as the case may be, the specific district regulations set forth in §§ 156.030 through 156.047.

(A) Exceptions and additional area requirements. No yard, open space or lot area required for a building or structure shall be occupied by any other building or structure except:

(1) Overhanging roofs, eaves, gutters, cornices, decks, carports or any other architectural features up to three feet from the side property line;

(2) Nonenclosed driveways and parking spaces, curbs, sidewalks, steps and terraces;

(3) Open porches and decks may encroach ten feet into the front yard setback and 16 feet into the rear yard setback;

(4) Fences, walls and hedges, subject to the regulations as set forth in this section;

(5) Flagpoles and light poles;

(6) Garbage disposal equipment, nonpermanent;

(7) Landscape features, planting boxes and recreational equipment;

(8) Parking spaces subject to the regulations set forth in § 156.062;

(9) Signs, subject to the regulations set forth in § 156.065;

(10) Trees, shrubs, flowers and other plants subject to the sight obstruction requirements in this section;

(11) Lots platted prior to April 1980 may be developed without a variance for minimum lot width at the front building line if all other requirements are met;

(12) Buildings existing at the adoption of this chapter may, without a variance, be extended along existing exterior lines so long as setback requirements in the direction of the extension are met; and

(13) Temporary, nonhabitable buildings for uses incidental to construction work, immediately adjacent to the work and which shall be removed upon completion or abandonment of the work. Motor homes or campers are not permitted.

(B) Allowance for average setbacks. In the case of an irregular lot, at the discretion of the Zoning Administrator, average setbacks may be permitted. (See the definition for setback in § 156.004.)

(C) Sight obstructions. The following regulations provide for the maximum safety of persons using sidewalks and streets, and for the maximum enjoyment of the use of property.

(1) On any corner lot, at an uncontrolled intersection, no wall, fence, sign, structure or any plant growth shall be placed or maintained:

(a) If the elevation of such object is between two and one-half feet and ten feet above the crown of the adjacent roadways; and

(b) If located within a triangle formed by the curbline intersection and two points 40 feet in each direction from the intersection along each curbline.

(2) (a) In any required front yard, except as provided in this section, no fence, wall, hedge or yard ornament shall be permitted which materially impedes vision across such yard above the height of four feet.

(b) Exception: Sound and safety barriers in the form of landscaping, opaque fences or walls may be installed along lot lines adjoining the rights-of-way of major or minor arterials with controlled intersections. Such barriers may only be installed along side and rear yards abutting the street.

(D) Lot division conditions. The purpose of this section is to clarify certain conditions pertaining to the division of existing platted lots.

(1) Unless approved by a variance or other zoning method, no platted lot shall be divided unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the district in which the property is located.

(2) For lots that are smaller than the minimum required by the zoning district, changing the direction of interior lot lines between two adjoining lots adjacent to the corner of two streets, is permitted if it does not result in a reduction of the square footage of either lot.

(Prior Code, App. A, Art. V, § 2) (Ord. 969, passed 8-18-2003; Ord. 999, passed 2-7-2005; Ord. 1165, passed 11-19-2012; Ord. 1287, passed 8-20-2018)

§ 156.062 MINIMUM OFF-STREET PARKING REQUIREMENTS.

(A) Generally.

(1) No land shall be used or occupied; no structure shall be erected, altered, used or occupied, and no use shall be operated unless off-street parking facilities, in at least the amount required, are provided or available, and maintained in the manner set forth. Uses existing on the effective date of this chapter shall not be reduced below the requirements of this section.

(2) Off-street parking facilities shall be provided and maintained as required in this section for any addition to or the extension or enlargement of a use of land or building which existed on the effective date of this chapter. The provisions and maintenance of the off-street parking facilities required shall be the joint and several responsibility of the operator and owner of the use and the operator or owner of the land on which, or the structure in which it is located.

(B) Minimum requirements.

(1) Standards.

(a) Each off-street parking space shall be an area of not less than 171 square feet, exclusive of access or maneuvering area, ramps and other appurtenances as per the following standards (for illustration, see Appendix 2):

Required Off-Street Parking Stall Dimensions
Parking	Stall Length	Stall Width	Aisle Width
30º	19 feet	9 feet	11 feet
45º	19 feet	9 feet	13.5 feet
60º	19 feet	9 feet	18.5 feet
90º	19 feet	9 feet	25 feet
Parallel	21 feet	9 feet	11 feet

(b) Off-street parking facilities shall be located on the site on which the use or structure for which they are provided is located except as otherwise permitted under a special plan for location or sharing of facilities, or for properties in the Original Town and having central core zoning. Multi-family development located in the Central Core Zoning District shall provide off-street parking.

(c) A minimum ten-foot wide landscape buffer strip is required between public sidewalks and off-street parking stalls, parking lots and parking lot access driveways that run parallel to a public sidewalk.

1. The landscape buffer shall be designed so that there is a mix of live plant material and rock, gravel and the like, with not more than ten feet in any direction without plant cover or tree canopy. The buffer shall be visually distinct from the adjacent sidewalk and discourage vehicles from driving over the sidewalk.

2. Areas within the public right-of-way may be included in the ten-foot dimension.

3. This requirement does not apply to the following:

a. A standard residential driveway that provides access to a garage, carport or uncovered parking space located on private property;

b. A driveway needed to cross the buffer strip to provide access from the street to parking stalls; or

c. Parking that is located within the public right-of-way boulevard.

(2) Maintenance. Off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:

(a) Drainage and surfacing. They shall be properly graded for drainage, surfaced with concrete or asphalt and maintained in good condition, free of weeds, dust, trash and debris;

(b) Protective barriers. They shall be provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or night, by the movement of vehicles;

(c) Outdoor lighting. When provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the safe use of adjacent streets.

(d) Entrances and exits. They shall be provided with designated entrances and exits so located as to minimize traffic congestion;

(e) Prohibition of other uses. They shall not be used for the sale, storage, repair or dismantling of any vehicles, equipment, materials or supplies.

(f) Permanent barriers. In the event they are designed such that the facility abuts a public sidewalk and vehicle parking is diagonal or perpendicular to the sidewalk, a permanent barrier shall be installed three feet from the interior edge of the sidewalk to prevent vehicle encroachment over the sidewalk. If the facility abuts and faces a street and there is no sidewalk, permanent barriers shall be installed seven feet from the curb to provide for a pedestrian way and to prevent vehicle encroachment.

(g) Commercial districts. In commercial districts, if the parking facility is located at the intersection of two streets and abuts the street curb, a 30-foot unobstructed sight triangle shall be required at the corner of the intersection, measured on the curbline. At accessways formed by the intersection of the accessway and the public right-of-way line, a ten-foot unobstructed sight triangle, measured on property lines, shall be required. Parking facilities shall be striped accordingly.

(h) Residential districts. In residential districts, parking spaces accessed by local roads and required by this chapter shall be located and designed with a minimum of 20 feet or sufficient depth from the back of the sidewalk so that there will be no vehicle encroachment over the public sidewalk.

(3) Minimum amounts of off-street parking facilities required. The following minimum amounts of off-street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses and if the classification is not readily determinable it shall be determined by the Planning Director. Such determination shall be based upon the current International Code Council requirement.

(a) Dwellings, one-family and two-family. Two spaces per dwelling unit.

(b) Dwellings, multi-family.

1. Studio, one bedroom, two bedroom: one and one-half spaces per dwelling unit;

2. Three bedroom: two spaces per dwelling unit;

3. Four bedroom: three spaces per dwelling unit; and

4. If garage parking is included in the minimum required parking, each garage parking stall counts as one-half a parking space toward the total parking required.

(d) Manufactured home parks. Two spaces per manufactured home.

(e) Nursing, long-term care facilities. One space per four beds.

(f) Theaters, auditoriums and gymnasiums. One space per three seats. Convention facilities: one space per 15 square feet of assembly area. Multiple-screen theater: one space per five seats.

(g) Churches. One space per four seats.

(h) Funeral homes. One space per four seats.

(i) Schools, elementary. Two spaces per classroom.

(j) Schools, secondary. Ten spaces per classroom.

(k) Restaurants, on-sale liquor establishments. One space per 100 square feet of gross floor area.

(l) Private and public utility substations, commercial storage units. No parking requirements except that all areas of ingress/ egress and loading/unloading/storage shall be hard surfaced.

(m) Health clinics. Single practitioner clinics: one space per 300 square feet of gross floor area; multiple practitioner clinics: one space per 200 square feet of gross floor area.

(n) Industrial and manufacturing establishments. One space per 400 square feet of gross floor area.

(o) Warehouses. Warehouses shall provide one parking space per 1,000 square feet of gross floor area plus one parking space per employee.

(p) Group care homes/assisted living and congregate care facilities. One space for each three residents, one handicapped space and one space for each employee on the most fully staffed shift.

(q) Office buildings for general business, commercial and personal service establishments. One space per 200 square feet of gross floor area.

(r) Buildings for retail trade. One space per 300 square feet of gross retail space.

(s) Drive-up windows. Driveways for drive-up service windows shall be of sufficient length to accommodate the stacking of three vehicles.

(t) Sports and recreation facilities.

1. Golf course: six spaces per hole;

2. Baseball/softball/soccer: 36 spaces per field;

3. Tennis court: four spaces per court;

4. Swimming pool/water park: as per a parking plan approved by the City Council; and

5. Bowling alley: four spaces per lane.

(u) Fire/ambulance facilities. Fire: four spaces per bay; ambulance: three spaces per bay.

(v) New and used vehicle and equipment sales. All areas used for storage and display shall be paved.

(w) Manufactured home sales. Based on standard requirements for permanent structures and sales offices.

(x) Airports. As regulated in the APZ Airport Zoning District.

(y) Hospitals. Two spaces per bed.

(4) Combined parking facilities. The off-street parking facilities required of two or more uses located on the same building site or an immediate proximity may be combined and used jointly under the following conditions:

(a) The peak parking demand for each use takes place at different times of the day;

(b) The parking provided is based on the use with the greatest parking requirement;

(c) A plan showing land uses, and parking required/provided shall be presented to City Council for action, upon recommendation of the Planning Commission; and

(d) If approved by City Council, a combined parking agreement signed by the owners of all affected parcels shall be recorded in the office of the County Register of Deeds.

(5) Maximum amounts of off-street parking facilities. For commercial uses, excluding new and used vehicle sales, minimum amounts of off-street parking facilities may be exceeded by only 20%. Parking in excess of this maximum may be approved by the Common Council upon justification of need.

(Prior Code, App. A, Art. V, § 3) (Ord. 969, passed 8-18-2003; Ord. 1041, passed 12-4-2006; Ord. 1313, passed 4-6-2020; Ord. 1335, passed 10-19-2020; Ord. 1339, passed 3-1-2021; Ord. 1340, passed 4-5-2021; Ord. 1380, passed 6-20-2023)

§ 156.063 STORAGE AND PARKING OF TRAILERS AND COMMERCIAL VEHICLES.

(A) The following regulations are established to allow flexibility for property owners in the parking of recreational and semi-tractor truck vehicles while achieving public safety goals.

(B) The parking and storage of recreational and semi-tractor truck vehicles shall be permitted within residential zoning districts according to the following table.

All Distances Listed Below Must Be Met1
Type of Vehicle	Permitted Location for Parking and Storage Year Round	Maximum Distance Extended From the Front Building Line	Minimum Distance From Back of Sidewalk	Minimum Distance From Back of Curb
Boat on a trailer	Side or rear yard	10 feet	5 feet	15 feet
Enclosed cargo trailer	Side or rear yard	10 feet	5 feet	15 feet
Fifth wheel camper	Side or rear yard	10 feet	5 feet	15 feet
Open trailer	Side or rear yard or driveway	No maximum	5 feet	15 feet
Pop-up camper when fully stowed	Side or rear yard or driveway	No maximum	5 feet	15 feet
Semi-tractor truck	Side or rear yard	10 feet	5 feet if parked with front bumper facing the street, or 15 feet if parked with front bumper facing the interior of the property	15 feet
Motorhome	Side or rear yard	10 feet		15 feet
Travel trailer	Side or rear yard	10 feet	5 feet	15 feet
1. On corner lots, distances apply to both street frontages

(Prior Code, App. A, Art. V, § 4) (Ord. 969, passed 8-18-2003; Ord. 1300, passed 5-20-2019)

§ 156.064 OFF-STREET LOADING AND UNLOADING REQUIREMENTS.

(A) In all districts, and on the same premises with every structure involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided adequate space for standing, loading and unloading in order to avoid undue interference with public use of the streets or alleys.

(B) Off-street loading and unloading spaces shall be provided as follows.

(1) One off-street loading and unloading space shall be provided for buildings up to and including 20,000 square feet of floor area, plus one additional off-street loading and unloading space for each additional 20,000 square feet of floor area up to and including 100,000 square feet.

(2) There shall be provided an additional off-street loading and unloading space for each additional 40,000 square feet of floor area in excess of over 100,000 square feet.

(3) Where trailer trucks are involved, such loading and unloading space shall be designed with appropriate means of truck access to a street or alley as well as adequate maneuvering area.

(4) All areas devoted to permanent off-street loading and unloading as required under this section shall be of asphalt or concrete construction.

(Prior Code, App. A, Art. V, § 5) (Ord. 969, passed 8-18-2003)

§ 156.065 SIGN REGULATIONS.

(A) General provisions and purpose. By virtue of its lush Black Hills Valley location and its largely uncluttered and unspoiled aesthetics, the purpose of this chapter allow signage that:

(1) Permits a balance between the need for identification of businesses and community activities and the need for preservation of the city’s scenic qualities;

(2) Regulates the time, place and manner which include the appropriate locations, sizes, quantity, construction and illumination methods of signs; and

(3) Protects the public from hazardous conditions that can result from commercial signs which are structurally unsafe, obscure the vision of motorists, create dangers to pedestrian traffic or which compete or conflict with necessary traffic signals and warning signs.

(B) Signs subject to this chapter. The requirements of the sign regulations apply to all signs installed within the city with the exception of:

(1) Changing the sign face or the copy or message on signs specifically designed for the use of replaceable copy;

(2) Painting, repainting, cleaning or minor maintenance of a sign provided that no structural alteration is made;

(3) Signs placed on the interior side of a building window;

(4) A flag, pennant or insignia of any nation, state, city or other political unit;

(5) Signs placed by a governmental agency on property owned or regulated by that agency;

(6) Commemorative plaques placed by recognized historical agencies and commissions; and

(7) Signs which can be viewed only from within the confines of a structure, or other clearly defined space or location where legibility of the sign is not possible from a public street.

(C) Temporary sign general regulations. Temporary signs are permitted according to Table 1, and the standards listed below.

(1) Signs posted in the public right-of-way require permission of the property owner that maintains the street frontage where the sign will be placed and must have a minimum spacing of 50 feet between temporary signs.

(2) Signs must be securely anchored or fastened so as not to be displaced into the street.

(3) Public sidewalks and streets must not be impeded by sign placement.

(4) Signs must be placed in a location that does not limit visibility of oncoming traffic at street intersections and at all site driveways onto a public street.

(5) Signs may not be attached to a utility box/cabinet or transformer, or a support pole for a traffic signal, traffic sign, street light or any overhead utility.

(6) Signs made of banner plastic or other flexible materials must be free of all rips and tears and without any folds or sagging.

(7) Signs must be legible, clean and free from deterioration.

(8) Signs that have a display on both sides are counted as one sign.

(9) Feather banners are permitted and must be posted on private property and must not overhang or encroach into a public street right-of-way or alley right-of-way.

(10) Signs may be displayed continuously beginning seven days before and ending ten days after the official start of the Sturgis motorcycle rally.

Table 1 – Temporary Signs
1	2	3	4
Location of Temporary Sign	Maximum square feet per sign	Maximum Number of Signs (per individual lot1, building tenant, or condominium unit displayed at times other than as described in column 4)	Maximum Number of Signs (per individual lot, building tenant, or condominium unit displayed 60 days before and 48 hours after an election)
Public rights-of-way: Allowed in any zoning district	6	1	2 (not permitted in areas zoned CC Central Core)
Private property zoned R-3, CC, C-1, C-2, C-3, I-LR, IH, APZ, DRD nonresidential and DRD multi-family residential2	32	1	2
	6	2	4
Private property zoned AG, RLS-1, R-1, R-2, DRD one and two family residential2	6	2	4
Footnotes to Table 1: 1. Three or more contiguous lots under the same ownership are considered one lot. 2. The size and number of temporary signs allowed in all locations can be combined. For example, a business may display at the same time: one 32 square foot sign and two 6 square foot signs, all three on private property and one 6 square foot sign in the public right-of-way.

(D) Permanent sign general regulations. Permanent signs are permitted according to Table 2, and the standards listed below.

(1) The method for calculating sign size or area is:

(a) The actual dimensions of the outer limits of the sign face material, excluding frames that physically hold the sign comprises the maximum sign area.

(b) In the case of individual lettering on an exterior wall, awning or other undefined structure or space, sign area is determined by calculating the area of a geometric object large enough to cover the words forming the sign message, around the whole of the lower case letters excluding ascenders/descenders. If necessary, a combination of geometric objects may be used.

1. Example below of using a simple rectangle to calculate sign area for individual letters (within outlined area):

2. Example below of using a simple rectangle or combination of geometric shapes to calculate sign area for individual letters and/or images on more than one line (within outlined area):

(2) For lots with more than one building, each building has its own sign allowance per Table 2.

(3) A freestanding support that displays more than one sign cabinet or sign board is counted as one sign for the purposes of maximum number of signs allowed.

(4) In addition to signs described in Table 2, the following are permitted on private property in nonresidential zoning districts. Three or more contiguous lots under the same ownership are considered one lot.

(a) Signs ten square feet or less may be placed at a driveway that connects to a public or private street or alley and a maximum of two signs per lot.

(b) Signs 20 square feet or less and a maximum of two per lot.

(c) Signs 30 square feet or less may be placed immediately above a building entryway and a maximum of two signs per building.

(5) Design and construction requirements of all permanent signs are as follows.

(a) All exterior mounting hardware, brackets and related supporting elements (except for freestanding support poles/posts) must not be visible. If concealment is not possible, supporting hardware must be painted a color to blend with the surrounding structure.

(b) A footing design must be submitted for freestanding signs that are taller than 15 feet measured from grade at the bottom of the support, to the highest part of the sign. The footing design may require a professional engineer’s design, at the discretion of the Building Official.

(c) No sign may be attached to a tree, utility pole or box, vending machine, benches, street fixtures/furnishings or other unapproved structure.

(d) Flexible material used for awning signs must be of canvas or other material that is designed, sewn/assembled and fitted specifically for use over an awning frame. Plastic sheeting, vinyl, banners and similar products not specifically designed for awning installation must not be permitted for use as an awning sign.

(e) Flexible material used as a permanent sign must be installed in the following manner:

1. Must be legible and without any sagging, folds or wrinkles;

2. Must be attached to an exterior building wall so that the banner is flush with the wall; and

3. If not attached to a building, must be attached to a fence or a freestanding pole or structure designed specifically to hold the banner.

(f) All electric design must be per the applicable code adopted by the state.

(6) Optional sign allowances for buildings 10,000 square feet and larger are as follows: as an alternative to the requirements in the Commercial and Industrial Zoning Districts, signage may be provided using the following standards which must also apply to existing signs.

(a) Buildings that have a footprint of 10,000 square feet and larger are permitted two square feet of signage for each lineal building foot on each frontage, which is the overall maximum sign area for the lot. The maximum of 150 square feet as described in the Table 2 pertaining to commercial and industrial districts do not apply.

(b) Only wall and monument signs are permitted.

(d) The design standards for monument signs are as follows:

1. The maximum height must not exceed 20 feet in height above grade;

2. Signs must be supported by a solid base that is built of masonry, metal, stone, brick, wood or other similar opaque material. The sign base must not be calculated in the sign square footage; provided, that it contains no lettering, logos or other information; and

3. Signs must be placed within a landscaped setting having a minimum 1,750 points as described in the landscape material points table of Ch. 155.

(7) An additional sign area bonus may be given for all signs that are installed as monument signs. To qualify for this bonus the sign must be a maximum of 20 feet in total height and have 1,750 landscape points installed with the sign. For this credit, the area of the signage is calculated using the formula of two square feet for each linear foot of building front and up to a maximum of 150 square feet. The result is then multiplied by 1.20 to determine the final size of the sign. Example:

75 feet of building front x 2 = 150 square feet.

Bonus is 150 x 1.20 = 180 square feet of signage.

Table 2 – Permanent Signs
1	2	3	4	5	6
Zoning or Use	Max. Number Signs Permitted	Max. Square Footage	Location Permitted	Lighting Permitted	Sign Permit Required?
Ag zoning and R-3 Multi-Family zoning	1 per lot	16 square feet	On private property	Yes	Yes
CC zoning	1 per street frontage	6 square feet	On public sidewalk	Yes	Yes
Commercial and Industrial zoning Central Core Zoning Districts C-1, C-2, C-3, ILR, IH, APZ and DRD Commercial outside Central Core zoning	2 per street frontage	2 square feet per each linear foot of building facing the street. 150 square feet per sign.	On private property	Yes	Yes
Conditional use permit or nonresidential use within a residential zoning district	1 per lot	3 square feet - with staff approval or up to 32 square feet with Planning Commission approval	On private property as approved by Planning Commission	As approved by the Planning Commissio n	Yes
Kiosk tenant	1 per tenant	30 square feet per sign	Exterior building wall; no pole mounted signs	Yes	Yes
Multi-tenant commercial building (standards for CC, C-1, C-2, C-3, ILR, IH, APZ and DRD do not apply)	3 per tenant	2 square feet per each linear foot of suite width, up to 150 square feet per sign	On private property	Yes	Yes
	1 monument sign2	300 square feet per sign	On private property	Yes	Yes
Signs posted at the entrance to a residential or commercial neighborhood	1 sign per entry	100 square feet per sign	On private property	Yes	Yes
Signs posted on a property listed for sale or lease	1 sign per street frontage	6 square feet per sign	On private property	No	No
Residential zoning districts	1 sign per street frontage	6 square feet per sign	On private property	No	No
Signs posted on property listed for sale or lease and governed by the subdivision code	2 signs per subdivision	32 square feet per sign	On private property	No	Yes
Signs posted on a property listed for sale or lease	1 sign per street frontage	32 square feet per sign	On private property	No	No
Nonresidential zoning districts	1 sign per street frontage	32 square feet per sign	On private property	No	No
2 signs per street frontage3	100 square feet per street frontage for all signs	On private property	Yes	Yes
Footnotes to Table 2 1. Signs with more than one side are counted as one sign for square footage purposes. 2. Signage for individual tenants to be allocated by the building owner. 3. Allocated to each individual building tenant.

(8) Standards for all illuminated and electronic message signs are as follows.

(a) No flashing or blinking light may be used to display a message or image or be used during the change from one message or image to another.

(b) Electronic message signs must not exceed 40 square feet.

(c) Light levels created by signage must not exceed 0.3 foot-candles above ambient light levels as measured using a foot-candle meter at a distance from the sign face as described in division (D)(8)(d). No sign may produce a light level that exceeds the ambient light level at the property line.

(d) The distances required for measuring sign illumination must be according to Table 3.

(e) No such illuminated sign may interfere with the traveled way of streets or obscure traffic signs or devices.

(f) Light measurements must be taken with the meter held facing the sign with the sign turned off and again with the sign turned on. For electronic message centers, the sign must be turned on to a full white image for a message center capable of displaying a white color, or a full amber or red image for a message center capable of displaying only an amber or red color. The difference between the off and the white, amber or red message measurements must not exceed the light levels described in this section.

(g) All electronic message signs must revert immediately to a black screen if the sign malfunctions.

(h) All electronic message signs must automatically adjust in brightness in direct correlation with ambient light conditions.

(i) All externally mounted sign lighting fixtures must be located to prevent the light source from being visible except from the sign face and must not exceed a total of 1,750 lumens.

Table 3 – Distances for Measuring Sign Illumination
Distance from Sign	Sign Area
32 feet	Ten square feet
39 feet	Greater than ten square feet and not more than 15 square feet
45 feet	Greater than 15 square feet and not more than 20 square feet
50 feet	Greater than 20 square feet and not more than 25 square feet
55 feet	Greater than 25 square feet and not more than 30 square feet
59 feet	Greater than 30 square feet and not more than 35 square feet
63 feet	Greater than 35 square feet

(j) Enforcement of sign illumination standards are as follows.

1. In the case of noncompliance with the requirements of this section, the Zoning Administrator must provide written notice to the owner of the sign and the owner of the property upon which it is located. The notice must identify the reason(s) such sign is in noncompliance and set forth a period of 30 days for compliance or removal of the sign.

2. In circumstances when sign illumination creates a nuisance to an adjoining property, the following procedures and standards apply:

a. A complaint must either be initiated by the city or by the owner of real property affected, and the complaint must be provided in writing to the City Administrator or his or her designee;

b. No sign may exceed luminance of 5,000 NITS during daylight hours and 500 NITS evening hours (evening defined as the period starting one hour after sunset and one hour before sunrise); and

c. The city must notify the sign owner of corrective measures required, if any.

(9) The responsibility for keeping a sign in safe repair and properly maintained, or for the removal of a sign if and when it is abandoned, no longer functional, unsafe or un-maintained is joint and several of the owner of the sign and the owner of the property upon which it is located.

(10) Projection, clearance and height shall be as follows.

(a) Signs located at a public street intersection, when within a triangle formed by the curbline intersection and two points 25 feet in each direction from the intersection along each curbline, must:

1. Not exceed two and one-half feet measured from the ground to the uppermost part of the sign; and

2. If supported by a post(s) or pole(s), have a minimum vertical clearance of ten feet above grade. This regulation will supersede any conflicting regulations.

(b) Signs and awnings that extend out from an exterior wall over a public sidewalk must maintain a minimum vertical clearance of eight feet and must not materially impede adjacent parking or street traffic.

(c) The height of a sign that is not attached to a building must not exceed 35 feet above grade to the highest portion of the sign and must not include filled grade beneath the sign to increase sign height.

(E) Prohibited signs. The following are prohibited:

(1) Signs mounted on the ridge of a roof, on the top-most edge of a parapet wall, or on any horizontal or sloping portion of a roof. The exceptions to this are signs that are attached to any of the following, which are permitted:

(a) Mansard roof;

(b) Flat or sloping canopy or awning;

(d) Architectural feature located on a roof or above a roofline that is specifically designed for signage.

(2) Illuminated signs containing flashing, intermitting or moving light that interfere with the traveled way of streets or obscure traffic signs or devices;

(3) Signs that constitute pedestrian or vehicular traffic hazards or which could be confused with any governmental regulatory, directional or warning sign;

(4) Signs with moving parts; signs and logos printed on or attached to a moving surface (does not include images and text painted on the body of a licensed motor vehicle);

(5) Tethered, airborne devices located within the required front setback; and/or

(6) No sign may contain obscene or pornographic imagery or language.

(F) Nonconforming signs.

(1) Any permanent sign existing on the date of adoption of this chapter that does not conform with the provisions of this code is eligible for characterization as a “legal nonconforming sign” and is permitted to remain except as specified below.

(a) The sign has been altered in a fashion exceeding the allowed maintenance standards listed below or is relocated.

(b) The sign has been brought into compliance with this subchapter.

(2) Legal nonconforming sign status applies to a sign for as long as these requirements are followed.

(a) Maintenance, alterations, modifications or reconstruction do not increase the overall sign area or height.

(b) Nonconforming signs or portions thereof may be removed for maintenance, modifications or reconstruction so long as they are replaced in their original positions and orientations upon completion of the work.

(c) The alteration of a sign via the addition of changeable copy or the addition of an electronic message center must not constitute a change to the sign structure so long as the overall sign area is not enlarged; a new sign permit will be required for inspection purposes.

(G) Permit process. All requests for a sign permit, when required, must provide the following:

(1) Permit fee as established by resolution of the City Council;

(2) Complete application form, and drawn information that depicts dimensions and location of sign(s), plus any necessary details required to correctly identify the sign being issued a permit; and

(3) Applicants requesting to place a sign on a public sidewalk in the Central Core (CC zoning) must apply for a sign permit and submit a copy of their certificate of commercial liability insurance policy with the city listed as an additional insured.

(H) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMBIENT LIGHT LEVEL. The existing illumination intensity of an outdoor location, measured in foot-candles, before a new light source is introduced to the same outdoor location.

ANIMATION. The use of movement or some element thereof, to depict action or create a special effect or scene.

BANNER. A sign made out of cloth, vinyl, plastic or similar flexible material affixed to a support and which communicates a message to the public.

BUSINESS. A commercial entity formed for the purpose of offering the public tangible goods, property, personal or professional services, in exchange for compensation of the same.

CENTRAL CORE DOWNTOWN. Property that is zoned on the city’s official zoning map as Central Core (CC).

COMMERCIAL AND INDUSTRIAL DISTRICTS. Property that is zoned on the city’s official zoning map as Central Core (CC), Central Commercial (C-1), Highway Service Commercial (C-2), Commercial Office (C-3), Light Restrictive Industrial (I-LR), Heavy Industrial (I-H), Airport (APZ) and properties zoned Development Review District or conceptually planned as commercial land use.

ELECTRONIC MESSAGE SIGN. A sign capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means.

FEATHER BANNER. A single flexible or rigid pole to which one side of a flexible fabric is attached. This definition includes functionally similar display devices.

FLASHING. A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated in periods of less than one second.

FRAME EFFECT. A visual effect on an electronic message center where a solid border appears around text or animation and acts as a transition from one message to the next.

FREESTANDING. A support system that is not connected to any other object or building, with or without a permanent foundation in the ground.

FRONTAGE. For sign permitting purposes, a public street is considered to constitute a frontage when it abuts a property and from which a defined and functional vehicular access is derived.

KIOSK TENANT. A business that cannot meet the definition of a multi-tenant commercial building and performs transactions and sales that are completely separate transactions from the building owner or the main building tenant.

LED/LCD. Acronyms for light emitting diodes (LED) or liquid crystal display, respectively.

LIGHT LEVEL. A measure of illumination intensity cast onto any surface and measured in foot-candles.

MULTI-TENANT COMMERCIAL BUILDING. A structure housing three or more businesses, each having an individual exterior or interior access. The terms of this definition does not apply to the Central Core Zoning District.

RESIDENTIAL DISTRICT. Any property zoned Rural Large Lot Single-Family (RLS-1), Single-Family (R-1) Duplex (R-2) and Multi-Family (R-3) or zoned Development Review District (DRD) and developed or conceptually planned as residential land use.

SANDWICH BOARD OR SIDEWALK SIGN. A sign that cannot be inserted into the ground and by design is intended to stand up without any roping or tying off to another structure.

SIGN(S).

(a) Any visual medium or method which is used or intended to be used to attract attention to the subject matter for the purpose of communicating information or ideas to the public and which is visible with legible content as viewed from a public location and which is considered to be a customarily incidental, and subordinate land use to the principal use of land and buildings located on the same lot.

(b) Excluded from this definition are:

1. Windsocks;

2. Plastic or cloth strips of material attached to one or more fixed points. Also see definition of banners and feather banners;

3. Objects that are artistic in shape or composition that are attached to a building exterior or are free-standing in an exterior location in any zoning district; and

4. Any medium or object with five square feet or less of written or illustrated information displayed in an exterior location, in any residential zoning district.

SIGN AREA. As used in the sign ordinance, shall be term used to indicate the maximum allowable sign square footage.

SIGN, AWNING. A sign that is printed on fabric, or a on a solid surface that forms a roof-like structure extending from a vertical surface of a building.

SIGN BRIGHTNESS. The level to which the human eye perceives the intensity of light coming from a sign when compared with the ambient light level of the outdoor spaces surrounding the sign.

SIGN FACE. The message portion of a sign which communicates information by any means. A SIGN FACE does not include frames or support structures.

SIGN, HOME OCCUPATION. A sign that is used for the identification of a business located within a residence.

SIGN, MONUMENT. A freestanding ground sign, supported wholly by a base structure and containing one or more signs of individual businesses on the property; not including signs defined as pole or pylon signs.

SIGN, PERMANENT. A sign that is attached to a building or to a freestanding support of any type and is displayed more than seven days per month.

SIGN, POLE, PYLON OR POST-MOUNTED. A sign that is supported above the ground by one more vertical members and the area beneath the sign face is more than 50% open to the passage of light and air.

SIGN, ROOF. Any sign erected or constructed wholly upon the roof of any building and shall include all areas of the roof surfacing material, and areas above the uppermost parapet line, or any line so established by the roof plane.

SIGN, TEMPORARY. Any sign that is displayed seven days or less per month.

STREAMING VIDEO. The use of live action footage shot with a video camera or similar device which is sized to fit and be displayed by an electronic message sign or similar device.

(Prior Code, App. A, Art. V, § 6) (Ord. 1310, passed 2-18-2020; Ord. 1326, passed 9-8-2020)

§ 156.066 NONCONFORMING USES.

(A) General provisions. A nonconforming use of a building and land at the time of the adoption of this chapter is deemed to be “grandfathered” and may be continued although the use does not conform with district regulations. Such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, are made.

(B) Continued use.

(1) Whenever a district is changed, any existing nonconforming use in the changed district may be continued, provided all other regulations governing the use are complied with.

(2) A nonconforming use, if converted to a conforming use, shall not be changed back to a nonconforming use.

(3) Where a building or signs located in a district restricted against its use has been wholly or partially destroyed by fire or other calamity, a permit shall be granted for its reconstruction within a period not to exceed 12 months from the date of its destruction.

(4) Where a nonconforming use has existed and it is not exercised or continued for a period of 180 days, the use shall cease to exist. Thereafter, uses shall conform to the district in which such premises or building is located.

(5) Where a nonconforming use exists, it cannot change to another nonconforming use of different quality and characteristics unless the use is more compatible with the characteristics of the neighborhood in which it is located. Where a nonconforming use has changed to a more compatible use, it shall not be changed back to a less compatible use.

(1) The structure to be converted to a dwelling must exist as of December 11, 2020.

(2) The conversion of the structure cannot increase the square footage of the existing structure’s building footprint. Nonconforming setbacks that exist are permitted to remain but shall not be reduced.

(3) The structure must meet all building and fire code requirements.

(4) The structure cannot be located within any public street or alley right-of-way.

(Prior Code, App. A, Art. V, § 7) (Ord. 969, passed 8-18-2003; Ord. 1336, passed 11-16-2020)

§ 156.067 TELECOMMUNICATIONS FACILITIES.

(A) General provisions. This section establishes criteria under which wireless communications infrastructure will be permitted in the city. Wireless antenna equipment and supporting structures are intended to be located in areas where they are the least obtrusive and most compatible with the surrounding environment.

(B) Exemptions. Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this chapter:

(1) Antennas used by residential households solely for broadcast radio and television reception;

(2) Satellite antennas used solely for residential or household purposes;

(3) COWs (carrier on wheels) placed for a period of not more than 120 days at any location within the city after a declaration of an emergency or a disaster by the Governor or by the responsible official of the city or the county;

(4) COWs (carrier on wheels) placed for a period of not more than two weeks at any location within the city in order to serve a community event declared as such by the City Council;

(5) Commercial television and AM/FM radio broadcast towers and associated facilities; and

(6) Ham radio and amateur radio facilities.

(C) Administrative approval and use permit approval. Telecommunications facilities are permitted in all zoning districts by either an administrative approval or use permit, according to the standards of the telecommunications facility approval matrix.

(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY EQUIPMENT. Any equipment serving or being used in conjunction with a telecommunications facility or support structure. This EQUIPMENT includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

ADMINISTRATIVE APPROVAL. Zoning approval that the Zoning Administrator or designee is authorized to grant after administrative review.

ANTENNA. Any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes and omnidirectional antennas, such as whips.

ARCHITECTURALLY INTEGRATED. A telecommunications facility that is primarily an architectural structure and the purpose of the facility for providing wireless services is not readily apparent to a casual observer.

CAMOUFLAGED. A telecommunications facility that resembles a tree, or naturally occurring environmental feature, or, if the facility is a flag pole, antennas are snug or stealth mounted and a flag is attached to the pole.

CARRIER. A company authorized and licensed under the federal 1996 Telecommunications Act to provide wireless communications services to the public.

CARRIER ON WHEELS or CELL ON WHEELS (COW). A portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

CO-LOCATION. The act of siting telecommunications facilities in the same location on the same support structure as other telecommunications facilities. CO-LOCATION also means locating telecommunications facilities on an existing structure (for example: buildings; water tanks; towers; utility poles; and the like) without the need to construct a new support structure.

DOWNTOWN HISTORIC. For the purposes of locating telecommunication facilities, there are two areas that define the key historic settings in the city. This area includes the following blocks of the Original Town including all rights-of-way and alleys: All of Blocks 7, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, 21, 22, 28, 29, 30, 41, 42, 43, and the east half of Block 6, east half of Block 23, east half of Block 27, east half of Block 44, and the west half of Block 31, and the west half of Block 40 and all of Block 41 of Uhling Addition. (Commercial areas are Kansas to Grant Street and Canyon to 7th Street. The residential areas are from Kansas to Illinois and from 7th Street to 11th Street, except the block located at the northeast corner of 10th and Jackson.) These areas represent the most significant concentration of historic property in the city and act as the main gateway to the community. For these reasons, telecommunications facilities must be more sensitively designed.

I-90 CORRIDOR. For the purposes of locating telecommunication facilities, the I-90 CORRIDOR is defined as extending 660 feet from the I-90 right-of-way on both sides of the highway, starting at the north city limit line and ending at the Exit 14 bridge. This is the prime view corridor and scenic gateway of the Spearfish Valley and has been previously recognized as such when billboards were prohibited from this area.

MAJOR MODIFICATIONS. Improvements to existing telecommunications facilities or support structures that result in a substantial change to the facility or structure. MAJOR MODIFICATIONS shall include any one of the following: extending the height of the support structure by more than 10% of its current height; or the support structure does not meet the definition of replacement as defined in this chapter. Co-location of new telecommunications facilities to an existing support structure without replacement or extension of the structure shall not constitute a MAJOR MODIFICATION. MAJOR MODIFICATIONS shall require use permit approval.

MINOR MODIFICATIONS. Improvements to existing telecommunications facilities and support structures, that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a “substantial” change. Such MINOR MODIFICATIONS include, but are not limited to, extending the height of the support structure by less than 10% of its current height, and the expansion of the compound area for additional accessory equipment. Final height shall be within the same height category as the original height as described in Table A: Design Points. Heights that are specified in the telecommunications facility approval matrix do not apply to facilities that exist as of July 27, 2006.

MONOPOLE. A single, freestanding pole-type structure supporting one or more antenna.

ORDINARY MAINTENANCE. Ensuring that telecommunications facilities and support structures are kept in good operating condition. ORDINARY MAINTENANCE includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a support structure’s foundation or of the support structure itself. ORDINARY MAINTENANCE includes replacing antennas and accessory equipment on a like-for-like basis within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. ORDINARY MAINTENANCE does not include minor and major modifications.

PUBLICLY OWNED BUILDING. A building or structure owned by a city, state, county or public school district.

REPLACEMENT. Constructing a new support structure of equal height and proportions to a preexisting support structure in order to accommodate collocation and removing the pre-existing support structure.

STEALTH TELECOMMUNICATIONS FACILITY. Any telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer.

SUPPORT STRUCTURE(S). A structure primarily designed to support telecommunications facilities, including, but not limited to, monopoles, towers and other freestanding self-supporting structures.

TELECOMMUNICATIONS FACILITY. Any unmanned facility established for the purpose of providing wireless transmission of radio frequency signals, writings, sounds, messages, voice, data, images or other information of any nature by radio, lightwaves, electromagnetic means or other similar means, including, but not limited to, wireless telephone service, personal communications service (PCS), wireless internet and paging service. A TELECOMMUNICATION FACILITY consists of one or more antennas, equipment cabinet, a support structure and accessory equipment.

TOWER. A lattice-type structure, guyed or freestanding, that supports one or more antennas.

(E) Approval processes and facility design requirements. All facilities will be reviewed according to the telecommunications facility approval matrix, which lists the various locations, zoning districts and applications that will be permitted by administrative approval, or use permit approval. All applications for architectural integration shall be reviewed in compliance with the city publication titled Architectural Integration Design Guidelines For Telecommunications Facilities.

Telecommunications Facility Approval Matrix
	Location - Zone - Application	Permitted Use - Administrative Approval	Use Permitted on Review Must Meet Use Permit Criteria	Maximum Location Points
1	Downtown Historic: all residential zoning districts (Overrides all categories below. Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 45 feet	N/A
2	Downtown Historic: CC, C-1 (Overrides all categories below. Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 60 feet, major and minor modifications	N/A
3	Rural Large Lot Single-Family RLS-1, Single-Family R-1, and residential uses in the PUD and DRD (Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 45 feet	N/A
4	I-90 Corridor (overrides AG, commercial uses in the PUD, DRD, C-1, C-2, C-3, I-LR, I-H, and PR Central Core Zoning Districts. Existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level. If a flag pole, must be S/SE Mt, and flag attached	Facility must be less than or equal to the maximum location points S/SE Mt	11
5	Two & Multi-Family Residential: R-2, R-3. (Existing poles and towers follow rules in row 11)	N/A	AI/C, Max Ht AES: 10 feet, Max Ht AGL: 45 feet	N/A
6	Parks (Existing poles and towers follow rules in row 11)	N/A	Facility must be less than or equal to the maximum location points major modifications	14
7	School, City Facility or Publicly Owned Building/Structure (existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level	Facility must be less than or equal to the maximum location points major modifications	15
8	AG (Existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level	Facility must be less than or equal to the maximum location points major modifications	16
9	Commercial Non-Downtown Historic: C-1, C-2, C-3 and nonresidential uses in the PUD & DRD. (Existing poles and towers follow rules in row 11)	AI/C, minor modifications, max height: 60 feet above ground level	Facility must be less than or equal to the maximum location points, major modifications if over 90 feet, setback 660 feet from I-90	17
10	Industrial Parks: I-LR & I-H (Existing poles and towers follow rules in row 11)	S/SE Mt, Max Ht AGL: 125 feet for new facilities with room for co-location on facility, minor modifications 660 foot setback from I-90	Facility must be less than or equal to the maximum location points, major modifications 660 foot setback from I-90	18
11	Existing Poles & Towers (ball field lights, utility poles and towers, flag poles, telecommunications towers	Minor modifications	S/SE Mt, major modifications	N/A
Key: AI/C = Architecturally integrated or camouflaged. Max Ht AES = Maximum height above existing structure. Max Ht AGL = Maximum height above ground level for new and existing structures. S/SE Mt = (antenna) stealth or snug exterior mount. Stealth mount: antennas that are not visible on the exterior of the support structure. Snug mount: antennas that are directly attached to the support structure, projecting less than 18 inches from the mounting surface.

(F) Use permit criteria. The Planning Commission and City Council must find that the application complies with the following criteria to determine if the requested equipment will be permitted:

(1) The sum of design points in Table A are less than the maximum location points in Table B; and

(2) The application is in compliance with the intent of this section as demonstrated by the following:

(a) The facility would not be recognized as a telecommunications facility by virtue of its architecturally integrated or camouflaged appearance, or its visibility is significantly limited.

(b) There are technical reasons that will not permit the telecommunications facility to be designed with architectural integration or camouflaged application, if applicable. A detailed narrative explaining the reason(s) shall be submitted to the city.

(d) Special circumstance(s) exist that reduce the impact of the facility.

(e) Ground equipment and support structure color blends with the surrounding setting.

Table A - Design Points
Characteristic	Points
Height points:
Facility height up to 60 feet above existing grade	10
Facility height over 60 feet up to 90 feet above existing grade	15
Facility height over 90 feet up to 120 feet above existing grade	20
Facility height over 120 feet up to 150 feet above existing grade	25
Mitigating factors (subtract from the height points for each factor):
660 feet or greater from R-1, R-2, R-3, DRD or PUD zoning, or any existing residential structures	-6
Antenna are snug mounted, exterior	-1
Antenna is located on pre-existing structure, tower or monopole	-10
Antenna are stealth mounted, interior	-2
Antenna architecturally integrated or on a pre-existing structure (see new definition for architecturally integrated)	Subtract all height points
Room for co-located antenna or is a major modification of an existing pole or tower	-4
Verticality proximity (see note 1) or camouflaged	-8
Note 1: Located within 35 feet of a structure with 75% of the height of proposed facility height

Table B - Maximum Location Points
Location	Maximum Points
Agricultural (A-1) and open space (PR)	16
C-1, C-2, C-3	17
I-90 Corridor (see definitions) overrides all other categories below	11
Industrial parks (Light and Heavy)	18
Parks	14
School, ball field, city facility or publicly owned building/structure	15

(G) Application submittal requirements. All applications for both administrative review and use permit review must contain the following:

(1) Application form completed and signed by applicant;

(2) Copy of lease agreement or a letter from a wireless communications carrier indicating the intent to use the property for a telecommunications facility;

(3) Letter of authorization from property owner giving permission for the carrier’s authority to pursue zoning application;

(4) Letter(s) of preliminary approval from the FAA, the State Historic Preservation Office and other relevant agencies;

(5) Drawings that accurately illustrate:

(a) Site plan showing the location of all equipment with setbacks and adjacent uses and zoning clearly labeled; and

(b) Elevation drawings with dimensions of all improvements clearly labeled.

(6) In the case of a new telecommunications facility, a statement from the carrier which documents how many additional carriers can co-locate. If co-location is not possible, a statement must include such technical information and other justifications as are necessary to document the reasons why co-location is not a viable option; and

(7) A list of all existing structures and sites considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical or financial reasons. If an existing tower or monopole is listed among the alternatives, applicant must specifically address why the modification of such structure is not a viable option.

(H) Abandonment, removal and speculative approvals.

(1) Any telecommunications facility or support structure that is not operated for a period of 12 consecutive months shall be considered abandoned.

(2) The owner of the telecommunications facility or support structure shall remove the facility within six months of its abandonment. The city shall ensure and enforce removal by means of its existing regulatory authority.

(3) No approval will be given for a telecommunications facility that is speculative in nature which is defined as being one where a specific carrier has not been identified at the time of application to the city according to the requirements described in division (G) above.

(I) Telecommunications facilities and support structures in existence on the date of adoption of this chapter.

(1) Telecommunications facilities that were legally permitted on or before the date this chapter was enacted shall be considered a permitted and lawful use as a nonconforming antenna and accessory equipment.

(2) Nonconforming antennas or accessory equipment: Ordinary maintenance may be performed on nonconforming antennas and accessory equipment. However, if the proposed alteration would intensify a nonconforming characteristic of the facility, the provisions of divisions (I)(3) through (I)(5) below apply.

(3) Minor modifications to nonconforming telecommunications facilities may be permitted upon the granting of administrative approval by the Zoning Administrator.

(4) Major modifications to nonconforming telecommunications facilities may be permitted only upon the granting of a use permit approval by the City Council.

(5) Ordinary maintenance may be performed on a nonconforming support structure.

(Prior Code, App. A, Art. V, § 8) (Ord. 1030, passed 6-19-2006; Ord. 1165, passed 11-19-2012)

§ 156.068 PORTABLE STORAGE CONTAINERS.

(A) Purpose and intent. The unregulated use, maintenance and placement of portable storage containers (PSCs) within the city create potentially unsightly and incompatible conditions. The following regulations are established to allow the use of PSCs to allow residents and business owners flexibility in their use, with reasonable limits to promote compatibility with adjoining land uses.

(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PORTABLE STORAGE CONTAINERS (PSCS).

(a) Standardized prefabricated metal structures originally designed for, or used in, the packing, storage, shipping, movement or transportation of cargo, freight, goods, equipment or commodities. The PSC is fully enclosed with a floor, walls, ceiling and a sealed door to withstand harsh environmental conditions and is transported from place to place by being loaded on a flatbed trailer.

(b) All trailers required to be titled and licensed in order to be towed on a highway are exempt from this definition. Structures designed for human occupancy according to HUD’s standards are exempt from this definition.

(1) PSCs are permitted on private property when a city-issued building or grading permit is in effect for that same property. PSCs for city construction projects on city property or in the public right-of-way are permitted with the City Engineer’s approval.

(2) If not in relation to a construction site, a maximum of one PSC is allowed without a permit to be located within a public right-of-way for a period of maximum of 72 hours.

(3) The time period in division (C)(2) above may be extended to a maximum of 30 days with the Zoning Administrator’s approval; provided, that the PSC is on private property and the side setback requirements of the zoning district are met. The PSC shall be deemed as a temporary permitted use.

(4) Maximum number of PSCs allowed for temporary use is as follows.

(a) One PSC of any size is allowed per 1,200 square feet of building area.

(b) Up to three PSCs are allowed with the Zoning Administrator’s approval.

(D) Permitted permanent placement of PSCs.

(1) A PSC shall be permitted to be permanently placed in the C-1, C-2, C-3, Light and Heavy Industrial and Airport Zoning Districts. Permanent placement is prohibited in RLS-1, AG, R-1, R-2, R-3, CC, DRD and parks recreation open space districts.

(2) PSCs shall be governed by the city’s adopted building codes.

(3) PSCs shall be located on property where the primary permitted use is established and shall comply with the area regulations of the applicable zoning district and shall not unreasonably create an impact to parking spaces or parking lot driveways.

(4) A PSC shall be placed so that it is set back the same distance from the street as the existing building. For lots having two or more street frontages, at least one frontage must comply with this requirement and the PSC can be placed at the building setback for the remaining frontages.

(5) A maximum of two PSCs are allowed to be stacked vertically.

(6) A maximum of two PSCs are permitted.

(7) The containers shall be maintained at all times from all types of visible deterioration such as rusting, peeling paint, graffiti and the like. The owner of the portable storage container shall be responsible for its maintenance.

(E) Exemptions from this chapter. The following are exempt from the regulations of this section:

(1) Businesses that offer PSCs for sale or rent to the public and the PSCs are stored from time to time at the business owner’s commercial, industrial or airport zoned property. The aforementioned requirements for setbacks, permits and placement locations shall not apply;

(2) PSCs that are part of a construction contractor’s business equipment inventory and are stored from time to time at the contractor’s place of business located in a commercial, industrial or airport zoned property;

(3) PSCs that are used in connection with an emergency as declared by public safety officials; and

(4) PSCs that comply with the adopted building, fire, plumbing and mechanical codes of the city, and are used for residential and nonresidential occupancy and not storage.

(F) Compliance. PSCs that exist as of October 15, 2018 that do not comply to these standards must do so by October 15, 2019.

(Prior Code, App. A, Art. V, § 10) (Ord. 1293, passed 10-15-2018)

§ 156.069 SMALL WIND ENERGY SYSTEMS (SWES).

(A) Purpose. The purpose of these standards is to define the review criteria that will be used in considering conditional use permit requests for SWES. Meteorological towers are not subject to this chapter.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

METEOROLOGICAL TOWER (MET TOWER). Defined to include the tower, base plate, anchors, guy cables and hardware, measuring devices such as anemometers (wind speed indicators), wind direction vanes, booms to hold anemometers and vanes, data logger, instrument wiring and any telemetry devices that are used to monitor or transmit data such as wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

ROOF MOUNTED. A system mounted on and totally supported by a structure or structure that complies with current codes, but not supported by a tower.

SHADOW FLICKER. Alternating changes in light intensity caused by rotating parts that cast shadows on the ground and stationary objects such as an occupied structure.

SMALL WIND ENERGY SYSTEM (SWES). Equipment arranged in any configuration that converts or transfers energy from the wind into usable forms of electrical energy or mechanical function. This equipment includes the wind generator and related components and supporting structures.

TOTAL HEIGHT. The following:

(a) For a horizontal axis system, the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point;

(b) For a vertical axis system, the vertical distance from ground level to the highest point of the SWES, excluding lightning rods; and

TOWER MOUNTED. A system mounted on a monopole, freestanding or guyed structure that supports a wind generator.

WIND GENERATOR. The parts of the system that are activated by the force of the wind along with any associated mechanical and electrical connections and components.

(1) Certification. All SWES must either be certified by its manufacturer or a licensed professional engineer to meet current recommendations of the American Wind Energy Association (AWEA), or the British Wind Energy Association (BWEA), or the United States Department of Energy (DOE), with evidence of certification submitted at the time of application for a conditional use permit.

(2) Setbacks. The SWES shall adhere to the setbacks as described below.

(a) A setback distance of one and one-tenth times the height of the system is required along all property lines.

(b) If the manufacturer’s recommended setback for mitigation of any impact to an adjoining lot is greater than as described in division (C)(2)(a) above, the manufacturer’s setback is required.

(3) Maximum total height. The maximum total height of any SWES shall be less than 75 feet for C-2, I-LR, I-H, DRD and APZ zoning districts.

(4) Clearance of blades/moving parts. No moving portion of a wind generator shall be located within 20 feet of the ground. No blades may extend over parking areas, public rights-of-ways, driveways, sidewalks or above-ground utilities.

(5) Lighting. A wind tower and generator shall not be lighted unless such lighting is required by the Federal Aviation Administration.

(6) Appearance, color and finish. SWES shall be painted a color which is deemed to be compatible with the surroundings. Dark muted earth tones are preferred to lighter colors. If manufacturers’ specifications do not permit changing the factory paint finish, this shall be disclosed at the time of application for approval.

(7) Limits. A maximum of one tower mounted wind generator is permitted per lot. A maximum of two roof mounted wind generators are permitted per lot. Both tower and roof mounted wind generators are permitted on the same lot.

(8) Location. The SWES shall be located such that it does not create noise impacts above the ambient noise level at the property line that is closest to the SWES.

(9) Shadow flicker. An application for a SWES will not be approved if it would cause shadow flicker at any time of day or night, regardless of season, to fall onto:

(a) An existing occupied structure on an adjacent lot; or

(b) On a structure under construction on an adjacent lot at the time of application for approval of a SWES, and the structure is intended to be occupied.

(Prior Code, App. A, Art. V, § 11) (Ord. 1303, passed 12-2-2019)