Sturgis City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 156.385 DEVELOPMENT STANDARDS FOR USES PERMITTED ON REVIEW.
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, are potentially incompatible with existing development or because the effects of such uses cannot definitely be foreseen. The following uses shall be subject to compliance with the regulations in this section and with the procedure for authorizing uses permitted on review as set forth in § 156.498.
(A) Planned unit development.
(1) General description.
(a) The regulations established in this section are intended to provide optional methods of land development which encourage more imaginative solutions to environmental design problems. Planned development areas thus established would be characterized by a unified building and site development program, open space for recreation and the provision for commercial, religious, educational and cultural facilities which are integrated with the total project by unified architectural and open space treatment. In order to accomplish these objectives, the customary district regulations may be modified, provided that overall population densities do not exceed the densities of specific residential districts.
(b) A planned unit development, occupying one acres or more, shall be permitted in the General Residential (GR-1) and (GR-2) Districts, the Single-Family Residential/Office Commercial District and the General Commercial District.
(2) Permitted principal and accessory uses and structures. The following uses are permitted:
(a) Single-family detached dwelling;
(b) Two-family dwelling and semi-detached dwelling;
(c) Multiple-family and attached dwellings. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, commercial use and street right-of-way from the gross development area. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted;
(d) Commercial uses. For each 100 dwelling units in the development plan, one acre may be set aside for the following commercial uses:
1. Food markets, including specialty foods, such as:
a. Bakery goods;
b. Delicatessen goods; and
c. Meat market.
2. Drug stores or fountains, including:
a. Book and reading matter;
b. Stationery;
c. Tobacco;
d. Vanity goods; and
e. Pharmacy.
3. Bakeries whose products are sold only at retail and on the premises;
4. Banks;
5. Barber shops and/or beauty shops;
6. Cleaning and pressing collection stations;
7. Gift shops;
8. Self-service laundries;
9. Service or filling stations;
10. Shoe repair and shoeshine services;
11. Professional and business offices;
12. Name plate and sign, as regulated in § 156.392; and
13. Accessory buildings and uses customarily incidental to the above uses.
(e) Educational uses; and
(f) Community facilities uses, such as churches and other religious institutions, and nonprofit clubs, such as country clubs, swimming and/or tennis clubs.
(3) Recreational uses.
(a) The amount of land set aside to provide for permanent usable open space and recreational use may be up to 15% of the gross development area. For good cause, this requirement may be met by a recreation payment in lieu contained in the development agreement, or waived by the city. For the purpose of this division (A)(3), a RECREATION PAYMENT IN LIEU is a payment by the developer, proportionate to the value of the land that would meet the recreational use standard of this chapter, set forth in the development agreement, and intended for use by the city to develop and maintain the recreation facilities available to the residents of the city.
(b) Recreation uses may include a community center, a golf course, a swimming pool or parks, playgrounds, recreational trail, bike path or other public recreational uses. Any structure involved in such uses shall have a 25-foot setback from all property lines.
(4) Area regulations. All building setbacks from street right-of-way lines and from the periphery of the project shall be subject to the approval of the governing body.
(5) Development agreement. Before the modification of the zoning requirements sought by the applicant for a planned unit development may be approved, the applicant/developer shall submit a fully executed development agreement for consideration and review by the Planning and Zoning Board, and approval by the City Council.
(6) Off-street parking. As regulated in § 156.389.
(7) Administrative procedure for a planned unit development.
(a) In addition to the administrative requirements set forth in §§ 156.495 through 156.502, a planned unit development shall not be permitted until the conditions listed in division (A)(7)(b) below have been complied with.
(b) There shall have been filed with the governing body a written application for approval, which application shall be accompanied with the following information and documents.
1. The application must be accompanied by an overall development plan showing the use or uses, dimensions and locations of proposed sites and other open spaces with such other pertinent information as may be necessary to determine the contemplated arrangement or use which makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter. The applicant shall obtain written comments on the proposed development plan from the Fire Department, State Department of Water and Natural Resources, all utility companies, Building Inspector and Recreation Department and submit these with the applications. The proposed development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in the state.
2. The governing body shall review the conformity of the proposed development and shall recognize principles of civic design, land use planning and site planning. The governing body may impose conditions regarding layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed.
3. The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included or filed by any governmental agency.
4. The proposed development must be designed to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood and must provide standards of open space and areas for parking adequate for the occupancy proposed. It must include provisions for recreation areas to meet the needs of the anticipated population.
5. This proposed development may contain commercial and professional uses as an integral part of a residential development. Such uses shall be planned and gauged primarily for the service and convenience of residents and people working within, although not residents of the planned development and shall be authorized only to the extent that such uses are not available to the residents in reasonable proximity.
6. Upon the abandonment of a particular project authorized under this section or upon the expiration of three years from the authorization hereunder of a planned development which has not then been completed or commenced, and an extension of time for completion granted the authorization shall expire and the land and structures thereon may be used without such approval for any other lawful purpose permissible within the size, height and area district in which the planned development is located.
7. A development agreement, prepared with language confirming that all of the forgoing representations, plans and requirements for the planned unit development are accepted by the applicant/developer and signed by the applicant/developer and an authorized city official.
8. After the development agreement is signed and the planned unit development project is approved by the City Council, a plat of the development as finally approved shall be recorded and shall show building lines, common land, streets, easements and other applicable features required by the ordinance regulating the subdivisions of land. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
(B) Churches, schools, libraries and medical facilities. Churches, schools, libraries and medical facilities are permitted in the GR-General Residential District and MH-1- and MH-2-Mobile Home and Residential District upon review by the governing body provided all of the following provisions are met:
(1) Area regulations.
(a) Front yard. All structures shall have a front yard of not less than 35 feet, and in no case shall an accessory building be located to extend into the front yard.
(b) Side yard. All structures, including buildings accessory thereto, shall set back a minimum of 35 feet from all side property lines.
(c) Rear yard. All structures, including accessory buildings, shall have a rear yard of not less than 25 feet.
(d) Lot width. All structures shall be on lots which abut at least one street for a minimum of 100 feet.
(e) Lot area. All structures shall have a lot area of not less than 10,000 square feet.
(f) Maximum lot coverage. Main and accessory buildings shall cover not more than 75% of the lot area.
(2) Height regulations. No structure shall exceed four and one-half stories or 45 feet in height except as provided in § 156.387.
(3) Off-street parking. As regulated in § 156.389.
(C) Mobile home parks.
(1) The following property development shall apply for all mobile home parks.
(a) No parcel of land containing less than one acre and less than ten mobile home spaces, available at the time of first occupancy, may be used for the purpose permitted in the mobile home park.
(b) The mobile home park shall be subject to the density provisions of the district in which it is located; provided, however, that there shall be not less than 4,500 square feet of lot area for each space provided on the site. This space ration shall include access roads, automobile parking, accessory building space and recreational area.
(c) The mobile home park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. All parts of the site upon which mobile home sites are to be provided shall be above the regulatory flood protection elevation and shall meet all requirements of the city’s Floodplain Ordinance in Chapter 155, if applicable.
(d) Regulations for yards are as follows.
1. Each mobile home park shall have a front yard of 25 feet extending for the full width of the parcel devoted to said use.
2. Each mobile home park shall have a rear yard and a side yard on both sides of the parcel devoted to said use of not less than ten feet.
3. Where a side or rear yard abuts a street, the yard shall be not less than 25 feet and all yards shall be landscaped and maintained.
(e) No building or structure erected or stationed in this park shall have a height greater than one story or 15 feet.
(f) A mobile home park shall be entirely enclosed on the rear lines and side lot lines, exclusive of driveways, at its external boundaries by a solid wall, fence or evergreen hedge not less than seven feet in height. Such wall, fence or hedge shall not be constructed or planted within the required front yard setback.
(g) Each mobile home park shall be permitted to display on each street frontage, one identifying sign of a maximum size of nine square feet. Said sign shall contain thereon only the name and address of the mobile home park and may be lighted by indirect lighting only.
(2) Each mobile home park shall be of sufficient size that, in addition to the mobile home space, the following areas shall be provided.
(a) Each mobile home space shall be at least 40 feet wide, and such space shall be clearly defined by permanent markers.
(b) There shall be a front yard setback of ten feet from all access roads within the mobile home park.
(c) Mobile homes shall be harbored on each space so that there shall be at least a 20-foot clearance between mobile homes or appurtenances, provided, however, with respect to mobile homes parked end-to-end, the end-to-end clearance shall be not less than ten feet. No mobile home shall be located closer than 20 feet from any building within the mobile home park.
(d) There shall be at least one paved, off-street parking space for each mobile home space, which shall be on the same site as the mobile home served and may be located in the rear or side yard of said mobile home space.
(e) Each mobile home space shall be provided with a paved patio of at least 200 square feet and have a storage locker of at least 100 cubic feet. Storage lockers may be located in locker compounds.
(3) (a) There shall be established and maintained within each park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one for every four trailer sites.
(b) Access roads within a mobile home park shall be paved to a width of not less than 24 feet. Where access roads are paved to a width of 35 feet or more, the required guest parking area shall be waived.
(c) Mobile home spaces may abut upon a driveway of not less than 20 feet in width, which shall have unobstructed access to the access road within the mobile home park. Vehicular access shall be provided from a public street, and all dead-end driveways shall include adequate vehicular turning space.
(d) A minimum of six inches of compacted gravel or other suitable pavement material shall be installed for each trailer space. Size of pads shall be at least ten feet by 45 feet but in no case smaller than the mobile home occupying the site.
(e) Walkways not less than three feet wide shall be provided from the mobile home spaces to the service building.
(f) Each mobile home space shall be provided with a water meter and a connection to a sanitary sewer.
(g) There shall be provided a park and recreation area having a minimum of 150 square feet for each mobile home space. Areas shall be consolidated into usable areas with minimum dimensions of not less than 30 feet.
(h) Axles and wheel drums, or similar devices, shall not be removed from mobile homes. Mobile homes shall not be attached to or placed on the ground in a manner that would prevent or obstruct their ready movement, except for the purpose of making repairs.
(i) Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer, shall not be permitted in a mobile home park.
(j) Entry way and other similar enclosed structures shall be subject to a building permit and shall meet all setback requirements.
(k) Mobile homes shall not be used for commercial, industrial or other nonresidential uses within the mobile home parks.
(4) Application for permit.
(a) An application for a mobile home park permit shall be as regulated hereunder and as in the Building Code adopted by the city in § 150.025. The application for a permit shall be filed with and issued by the Building Inspector. Each application shall be accompanied by three copies of the plot plan drawn to scale, and prepared by a licensed engineer or architect. Such copies shall be reviewed and approved by the governing body, the State Department of Water and Natural Resources and the City Engineer or Building Inspector.
(b) The following information shall be shown:
1. The location and legal description of the proposed mobile home park;
2. Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park;
3. The proposed use of buildings shown on the site;
4. The location and size of all mobile home spaces;
5. The location of all points of entry and exit for motor vehicles and internal circulation pattern;
6. The location of all landscaping to be provided;
7. The location of all lighting standards to be provided;
8. The location of all walls and fences and the indication of their height and the materials of their construction; and the name and address of the applicant; and
9. Such other architectural and engineering data as may be required to permit the City Engineer or Building Inspector and governing body to determine if the provisions of this chapter are being complied with.
(c) A time schedule for development shall be prepared, which shall demonstrate the applicant’s readiness and ability to provide the proposed services, and all required improvements and facilities shall be installed within one year.
(D) Other uses permitted on review.
(1) Cemetery.
(a) The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.
(b) Any new cemetery shall be located on a site containing not less than 20 acres.
(c) All other structures, including, but not limited to, mausoleum, permanent monument or maintenance building shall be set back not less than 25 feet from any property line or street right-of-way line.
(d) All graves or burial lots shall be set back not less than 25 feet from any property line or street right-of-way line.
(e) All required yards shall be landscaped and maintained.
(2) Drive-in theater.
(a) The site must have direct access to a major public road.
(b) In addition to the required setbacks from streets and highways, all yards shall be planted and maintained as a landscaped strip.
(c) The theater screen shall not be visible form any public street within 1,500 feet. In addition, cars parked in the viewing area shall be screened on all sides by a wall, fence or densely planted evergreen hedge not less than six feet in height.
(d) Loading space for patrons waiting for admission to the theater shall be equal to 20% of the capacity of the theater. All entrances and exits shall be separated, and internal circulation shall be laid out to provide one-way traffic.
(e) Sale of refreshments shall be limited to patrons of the theater.
(f) No central loudspeakers shall be permitted.
(g) All parking areas and access-ways shall be adequately lighted, provided, however, that such lighting shall be shielded to prevent any glare or reflection onto a public street or onto neighboring properties.
(h) Amusement parks or kiddylands shall be limited to patrons of the theater.
(i) The connecting driveways shall be surfaced with permanent paving, maintained in good condition and free of all weeds, dust, trash and other debris.
(3) Public and private utilities and service. Where permitted, public and private utilities and services shall be subject to the following requirements.
(a) State Department of Water and Natural Resources Report. Application for permission to operate waterworks and/or sewage treatment plants shall be accompanied by a report and a recommendation from the State Department of Water and Natural Resources. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling and standards for the quality of effluent shall be incorporated into and made a part of the application.
(b) Lot area and location. The required lot area and location shall be specified as part of the application and shall be determined in relating to the proposed use, the intensity of such use and the effects of such use upon the environment.
(c) Fencing and/or screening. Where findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding residential properties may ensue, fencing or screening with an evergreen hedge or other shielding material may be required in a manner consistent with such findings.
(4) Private day nurseries and kindergartens.
(a) A fenced play area shall be provided. No portion of the fenced play area shall be located closer than 35 feet to any public street.
(b) In addition to the requirements above, the facilities, operation and maintenance shall meet the requirements of the Department of Social Services.
(5) Automobile wrecking and junk yards.
(a) Location. Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than 300 feet from any established residential district.
(b) Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall, excepting driveway areas, having a minimum height of eight feet. Storage between the street and such fence or wall is expressly prohibited. Any fence or wall erected for screening purposes shall be within the buildable area of the lot and shall be properly painted or otherwise maintained in good condition.
(c) Off-street parking. As regulated in § 156.389.
(d) Ingress and egress.
1. The number of vehicular access driveways permitted on any single street frontage should be limited to:
a. One driveway where the parcel to be used has a maximum street frontage of 100 feet or less; and
b. Two driveways where the street frontage exceeds 100 feet.
2. Driveways used for ingress and egress shall be limited to 25 feet in width, exclusive of curb returns.
(6) Recreational fads. An application for a permit for recreational fads, including trampoline centers, kart tracks and similar recreation activities not specifically covered by these regulations, shall be reviewed by the governing body.
(7) On-lot sewage disposal system. Any use involving a principal structure which is not served by a sanitary sewer, in addition to other requirements, shall have an approved on-lot sewage disposal system. Plans and specifications for the on-lot sewage disposal system shall be approved by the State Department of Water and Natural Resources. The approval may be made contingent upon an agreement that the structure will be connected to a sanitary sewer when plans indicate that such sewer will be extended or constructed and become available. The approval may further stipulate an increase in lot size to assure appropriate septic field, drainage and relation to abutting development or any classified stream.
(Prior Code, Title 18, Art. V, § 1) (Ord. 2012-14, passed 8-21-2012) Penalty, see § 156.999
§ 156.386 ACCESSORY USES.
The uses of land, buildings and other structures permitted in each of the districts established by this chapter are designated by listing the principal uses permitted. In addition to such principal uses, this section shall regulate uses customarily incidental to any principal use permitted in the district.
(A) General provisions. Each permitted accessory use shall:
(1) Be customarily incidental to the principal use established on the same lot;
(2) Be subordinate to and serve such principal use;
(3) Be subordinate in area, extent and purpose to such principal use; and
(4) Contribute to the comfort, convenience or necessity of users of such principal use.
(B) Permitted accessory structures. Accessory uses shall be permitted as specified above, and such accessory uses shall be applicable to the principal use.
(Prior Code, Title 18, Art. V, § 2)
§ 156.387 HEIGHT.
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter.
(A) In measuring heights, a habitable basement or attic shall be counted as a half story.
(B) The following structures or parts thereof are hereby exempt from the height limitations set forth in the zoning districts:
(1) Agricultural buildings, such as barn, silo and windmill, but not including dwellings;
(2) Chimneys, smokestacks, penthouse, spires, flagpoles, ventilators, skylights, derricks, conveyors and cooling towers;
(3) Radio and television antennae and towers, observation towers and power transmission towers;
(4) Water tanks and standpipes; and
(5) Other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located, provided that they are not used for human occupancy.
(C) Churches, schools, hospitals, sanatoriums and other public and semi-public buildings may exceed the height limitations of the district if the minimum depth of the front, side and rear yards required in the district is increased one foot for each two feet by which the height of such public or semi-public structure exceeds the prescribed height limit.
(Prior Code, Title 18, Art. V, § 3)
§ 156.388 YARD, BUILDING SETBACK AND OPEN SPACE EXCEPTIONS.
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter.
(A) No yard, open space or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
(1) Awnings and canopies, as provided for in the Building Code adopted by the city in § 150.025;
(2) Bay windows and chimneys, not to exceed two feet, in front and rear yards;
(3) Driveways, curbs, sidewalks and steps, provided, however, steps or stairs to dwelling, non-enclosed, not to exceed three feet;
(4) Fences, walls and hedges, subject to the regulations as set forth in this section;
(5) Flagpoles;
(6) Garbage disposal equipment, non-permanent;
(7) Landscape features, planting boxes and recreational equipment;
(8) Open fire escapes may extend into any required yard not more than five feet;
(9) Parking space subject to the regulations set forth in § 156.392;
(10) Signs, subject to the regulations set forth in § 156.392;
(11) Terraces (open) and porches (non-enclosed) not to exceed six feet in front or rear yard;
(12) Trees, shrubs, flowers and other plants subject to the vision requirements in this section; and
(13) Eaves and overhangs may extend up to 24 inches into any required yard.
(B) 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 where a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two and one-half feet and ten feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections.
(2) In any required front yard, except as provided in division (B)(1) above, no fence, wall, hedge or yard ornament shall be permitted above the height of three and one-half feet.
(C) The purpose here is to clarify certain conditions pertaining to the use of lots and access points.
(1) In residential districts, if 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of a greater depth than 50 feet.
(2) No recorded lot shall be divided into two or more lots by platting or metes and bound description 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. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted.
(3) Where there are existing recorded lots which do not meet the minimum lot area requirement and are under separate ownership, single-family dwellings only may be constructed as long as side yards shall be not less than four feet, and the sum of the side yards shall not be less than eight feet and as long as all other requirements, except lot size, are met.
(4) Where a permitted use on land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
(5) Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured starting at a point 25 feet from the centerline of the street easement.
(6) No dwelling shall be erected on a lot which does not abut on at least one street for at least 50 feet with the exception of lots fronting a cul-de-sac, in which case a minimum width of 50 feet measured at the front building line will be required. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress.
(7) An attached or detached private garage which faces on a street shall not be located closer than 25 feet to the street right-of-way line. Where the garage faces a side street on a corner lot, this distance shall be 18 feet.
(8) Accessory buildings shall not be located in any required front yard.
(Prior Code, Title 18, Art. V, § 4)
§ 156.389 MINIMUM OFF-STREET PARKING REQUIREMENTS.
(A) Generally. In all districts, except that portion of the General Commercial District described as follows: (As illustrated on the zoning map on file at the city’s Finance Office.) At any time any building or structure is erected or enlarged or increased in capacity, there shall be provided off-street parking spaces for automobiles in accordance with the following requirements.
(1) All church structures existing at the effective date of this chapter shall be allowed to increase their present seating capacity by 25% without increasing their present off-street parking facilities.
(2) Off-street parking for other than residential use shall be either on the same lot or within 600 feet of the building it is intended to serve measured from the nearest point of the building to the nearest point of the off-street parking lot, provided, however, churches may establish joint parking facilities not to exceed 50% of the required spaces, with institutions and agencies that do not have a time conflict in parking demand. The joint parking facilities shall be located no further than 400 feet from the church sanctuary.
(3) Residential off-street parking spaces shall consist of a parking lot, driveway, garage or combination thereof and shall be located on the lot they are intended to serve.
(4) For uses not specifically mentioned herein, off-street parking requirements shall be interpreted by the governing body.
(5) Any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere.
(6) Off-street parking existing at effective date of these regulations in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.
(7) Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately.
(8) The required off-street parking shall be for occupants, employees, visitors and patrons and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale or the repair of vehicles on such parking area is prohibited.
(9) Every company car, truck, tractor and trailer normally stored at the plant site shall be provided with off-street parking space in an area reserved for the use as determined by the governing body.
(10) In cases of dual functioning of off-street parking where operating hours do not overlap, the governing body may grant an exception.
(11) The minimum number of off-street parking spaces shall be determined in accordance with the following table.
Table of Parking Spaces Required
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Uses
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Parking Spaces Required
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Table of Parking Spaces Required
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Uses
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Parking Spaces Required
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Automobile wrecking, junk or salvage yard which offers for sale to the public any new or used merchandise. | One space for each two employees, plus one space for each 10,000 square feet of lot area, or two spaces for each 100 square feet of floor area, whichever is the greater. |
Banks, business or professional offices. | One per 300 square feet of usable floor area, plus one per each three employees. |
Barber shop or beauty parlor. | Two per barber or beauty shop chair. |
Boarding or rooming house. | One space for each three boarders. One for each two guests provided overnight accommodations. |
Bowling Alleys. | Two and one-half per alley. |
Churches. | One per four seats; or one per 30 square feet of usable floor area of auditorium, whichever is greater. |
Commercial recreation uses. | One per three patrons, based on the design capacity of the facility. |
Commercial or trade schools. | One per three students plus two per three employees. |
Country clubs. | One per five members. |
Dormitories, fraternity or sorority. | One per each three permanent residents. |
Dwellings (single, two-family and semi-detached). | Two per dwelling unit. |
Dwellings, (multiple-family and attached). | One and one-fourth spaces per dwelling unit for the first 20 units, plus one space for each dwelling unit exceeding 20 units. |
Establishments for sale and consumption on the premises of beverages, food or refreshment. | One per each employee, plus one per 200 square feet of usable floor space. |
Gasoline service stations. | One parking space for each employee, plus two spaces for each service bay. |
Governmental office buildings. | One per 300 square feet of usable floor area, plus one per each three employees. Every governmental vehicle shall be provided with a reserved off-street parking space. |
Homes for the aged, sanatoriums, convalescent or nursing homes. | One space for each four patients beds; plus one space for each staff doctor, plus one space for each two employees, including nurses. |
Hospitals. | One per three patient beds, exclusive of bassinets, plus one space for each two employees, including nurses on the maximum working shift, plus adequate area for parking emergency vehicles. |
Hotel. | One per two rooms or suite, plus two per three employees. |
Hotel (apartment). | One parking space for each two individual rooms or apartments. |
Industrial establishments. | One per two employees on the combined two largest successive shifts, plus adequate parking space for customer and visitor vehicles as determined by the governing body. |
Library. | One for each 400 square feet of floor space. |
Medical clinics. | Three patient parking spaces per staff doctor; plus one per staff doctor; plus two per three other employees. |
Mortuaries or funeral parlors. | Five spaces per parlor or chapel unit, or one per four seats, whichever is greater. |
Motels and tourist courts. | One per guest bedroom. |
Private clubs, lodge or union headquarters. | One per three members based on the design capacity of the facility. |
Retail stores, supermarkets, department service establishments except as otherwise specified herein. | One per 200 square feet of retail floor space, plus one per employee. |
Elementary, junior high and the equivalent private or parochial schools. | Two spaces per three teachers and employees normally engaged in or about the building or grounds; plus one space for each 150 square feet of seating area, including aisles, in any auditorium. |
Senior high schools and the equivalent private or parochial schools. | Two spaces per three teachers and employees normally engaged in or about the building or grounds, plus one space per five students, or one space for each 150 square feet of seating area, including aisles, in any auditorium, gymnasium or cafeteria intended to be used as an auditorium, whichever is the greater. |
Kindergartens, day schools and the equivalent private or parochial schools. | Two parking spaces per three teachers and employees normally engaged in or about the building or grounds, plus one off-street loading space per eight pupils. |
Shopping centers. | There shall be a ratio of four square feet of parking (including driveways required for ingress and egress and circulation ) to each one square foot of store area. |
Stadiums and sports. | One per four seats or 12 feet of benches. |
Swimming pools. | One per 30 square feet of water area. |
Theaters, auditoriums and places of assembly with fixed seats. | One per three seats. |
Theaters, auditoriums and places of assembly without fixed seats. | One per three people based on the design capacity of the structure. |
Wholesale establishments and business services. | One for every 50 square feet of customer service area, plus two per three employees based on the design capacity of the largest shift. |
(B) Off-street parking lot layout, construction and maintenance. Wherever the required off-street parking requires the building of a parking lot, and wherever a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the following regulations.
(1) Except for parcels of land devoted to one- and two-family uses, all areas devoted to off-street parking shall be so designed and be of such size that no vehicle is required to back into a public street to obtain egress.
(2) Each parking space shall be not less than 200 square feet in area and shall be a definitely designated stall adequate for one motor vehicle.
(3) In any determination of parking requirements as set forth in this section, where the resultant figure contains a fraction, any fraction less than one-half may be dropped, and any fraction one-half or more shall be counted as one parking space.
(4) Clearly defined driveways used for ingress and egress shall be confined to and shall not exceed 25 feet in width, exclusive of curb returns.
(5) All areas devoted to permanent off-street parking as required under this section shall be of a hard-surface construction of either asphalt or concrete and maintained in such a manner that no dust will result from continuous use.
(6) The parking lot shall be drained to eliminate surface water.
(7) Where the parking lot abuts side lot lines of a residential district, there shall be established a setback line ten feet from such side lot line.
(8) Where the parking lot is contiguous to a residential district which has common frontage in the same block with the parking lot, there shall be established a setback line of 25 feet from the street lot line.
(9) Where the parking lot lies across the street and opposite a residential district, wherein the lots front on such street, there shall be established a setback line 25 feet from the street lot line.
(10) Where the parking lot abuts rear property lines of a residential district, there shall be established a setback line five feet from the rear lot line.
(11) Where parking is to be provided in the front yard of a multiple-family dwelling, there shall be established a setback line ten feet from the street lot line. The land between the setback line and the lot line in a parking lot is for the purpose of this chapter called a buffer strip. The ground in the front buffer strip shall be prepared and shall be planted with trees, shrubs and grass.
(12) Plans for the layout of a parking lot must be approved by the governing body.
(13) The governing body shall have the authority to approve off-street parking in any district which is more restrictive than that required for the major land use it is intended to serve subject to the preceding conditions. The following conditions shall also apply.
(a) The parking lot shall not have access from the more restrictive district.
(b) All sides of the lot, except those openings for ingress and egress shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having a height of not less than five nor more than six feet. Such fence, wall or hedge shall be maintained in good condition. Bumper stops shall be provided so as to prevent any vehicle from projecting over the buffer strip.
(c) The intensity of light and arrangement of reflectors shall be such as not to interfere with residential districts.
(d) No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot. Only non-intermittent white lighting of signs shall be permitted.
(Prior Code, Title 18, Art. V, § 5) (Ord. 2005-10, passed 5-20-2005; Ord. 2013-20, passed 12-4-2013) Penalty, see § 156.999
§ 156.390 STORAGE AND PARKING OF TRAILERS AND COMMERCIAL VEHICLES.
Commercial vehicles and trailers of all types shall not be permanently parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions.
(A) Not more than one commercial vehicle per family living on the premises, which does not exceed two tons rated capacity, shall be permitted; and in no case shall a commercial vehicle of over two tons, used for hauling gasoline or liquefied petroleum products be permitted.
(B) In no case shall any vehicle containing explosives be permitted.
(Prior Code, Title 18, Art. V, § 6) Penalty, see § 156.999
§ 156.391 OFF-STREET LOADING AND UNLOADING REQUIREMENTS.
(A) In all districts and on the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage warehouse goods, display, a department store, a wholesale store, a market, a hotel, a hospital or other uses similarly involving the receipt or distributions of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading service adjacent to the opening used for 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 over 100,000 square feet.
(3) Where trailer trucks are involved, such loading and unloading space shall be an area 12 feet by 40 feet with a 14-foot height clearance and 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 a sealed-surface construction and maintained in such a manner that no dust will result from continuous use.
(Prior Code, Title 18, Art. V, § 7)
§ 156.392 GASOLINE SERVICE STATIONS.
The following regulations shall apply to all gasoline service stations.
(A) There shall be a building setback from all right-of-way lines a distance of not less than 40 feet.
(B) Service stations shall not be constructed closer than 50 feet to any residential district.
(C) The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a service station shall not be less than 40 feet.
(D) A raised curb at least six inches in height shall be constructed on all street property lines, except at driveway openings.
(E) The length of curb openings shall not exceed 30 feet.
(F) When two curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of 25 feet at both the edge of the pavement and the right-of way line. Curb cuts for driveways shall not be located closer than ten feet to any adjoining property line.
(G) To ensure that sufficient room be provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than 50 feet from any residential district.
(H) Gasoline pumps shall not be located closer than 15 feet to any public right-of-way line.
(I) A masonry wall or solid fence shall be constructed when service station property abuts property zoned for residential purposes. Such wall shall be not less than six feet in height and all required yards shall be landscaped and maintained.
(J) Off-street parking shall be as regulated in § 156.389.
(K) Signs shall be as regulated in § 156.392.
(Prior Code, Title 18, Art. V, § 8)
§ 156.393 CUSTOMARY HOME OCCUPATION.
This section defines customary home occupations and prescribes the conditions under which such occupations shall be permitted.
(A) A customary home occupation is a gainful occupation or profession conducted by members of the family residing on the premises and conducted entirely within the dwelling. In connection with a home occupation, no stock in trade shall be displayed outside the dwelling, and no alteration to any building shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings.
(B) The following occupations subject to the requirements of division (A) above are permitted as customary home occupations:
(1) Antiques, provided, however, that outdoor display is prohibited;
(2) Artist, sculptor, author;
(3) Barber shop and beauty shop operated by only two members of the residence;
(4) Dressmaker, milliner, seamstress, tailor, interior decorator;
(5) Professional office of a physician, dentist, lawyer, engineer, architect or accountant within a dwelling occupied by the same, provided that not more than one paid assistant shall be employed;
(6) Teaching, including tutoring, musical instruction or dancing, but limited to one pupil per teacher at any given time;
(7) Not more than 25% of the floor area in the structure can be sued for customary home occupations; and
(8) Any other similar use which the governing body deems to be a home occupation.
(Prior Code, Title 18, Art. V, § 9) Penalty, see § 156.999
§ 156.394 TEMPORARY USES.
The regulations contained in this section are necessary to govern the operation of certain transitory or seasonal uses, non-permanent in nature.
(A) Application for a temporary use permit shall be made to the Building Inspector and shall contain the following information:
(1) A survey or legal description of the property to be used, rented or leased for a temporary use, including all information necessary to accurately portray the property;
(2) A description of the proposed use; and
(3) Sufficient information to determine the yard requirements, setbacks of sanitary facilities and availability of parking space to service the proposed use.
(B) The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow, and to the regulations of any district in which such use is located.
(1) Carnival or circus. In any nonresidential district, a temporary use permit may be issued for a carnival or circus, but such permit shall be issued for a period of not longer than 15 days. Such a use shall set back from all residential districts a distance of 100 feet or more.
(2) Temporary buildings. In any district, a temporary use permit may be issued for a contractor’s temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than one year but may be renewed a maximum of two one-year extensions. However, such office or shed shall be removed upon completion of the construction project or upon expiration of the temporary use permit, whichever occurs sooner.
(3) Real estate sales office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any approved new subdivision. Such office shall contain no sleeping or cooking accommodations. Such permit shall be valid for not more than one year, but may be renewed a maximum of three one-year extensions. Such office shall be removed or converted to a conforming use upon completion of the development of the subdivision or upon expiration of the temporary use permit, whichever occurs sooner.
(4) Spa malt beverage on/off-sale license.
(a) Any premises licensed under SDCL Chapter 36-15 may apply for this temporary use during the period from July 30 through August 17 by following the process set forth above.
(b) An application under this division (B)(4) shall include an acknowledgment by the applicant that under the inspection provisions of SDCL § 35-2-2.1 any temporary use approved the Council shall not include any use from July 31 through August 16, when the licensee shall be closed for inspection. The application shall also contain a specific statement of the portions of the IBC governing the bar and restaurant class of occupancy which applicant requests be waived. The hours of serving a malt beverage must not be greater than the hours that the establishment provides its principal services (spa and health and/or beauty treatments) every day it is operational.
(Prior Code, Title 18, Art. V, § 10) (Ord. 2016-02, passed 6-1-2016)
§ 156.395 TENTS.
No tent shall be used, erected or maintained as living quarters.
(Prior Code, Title 18, Art. V, § 11) Penalty, see § 156.999
§ 156.396 SWIMMING POOLS.
The following regulations shall apply to swimming pools.
(A) A private swimming pool shall be any pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. Private swimming pools are permitted in any residential district, provided:
(1) The pool is intended and is to be used solely for enjoyment of the occupants of the property on which it is located and their guests;
(2) No swimming pool or part thereof, excluding aprons, walks and equipment rooms, shall protrude into any required front or side yards; and
(3) The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than five feet in height and maintained in good condition.
(B) A community or club swimming pool not open to the public shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools shall comply with the following conditions and requirements.
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by the bathers, shall be not closer than 50 feet to any property line of the property on which located.
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall be not less than five feet in height and maintained in good condition. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees, and maintained in good condition.
(Prior Code, Title 18, Art. V, § 12) Penalty, see § 156.999
§ 156.397 LIGHTING.
Lighting of all types shall be directed so as to reflect away from all residential districts and shall be so situated so as not to reflect directly onto any public rights-of-way.
(Prior Code, Title 18, Art. V, § 13)