(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019) Penalty, see § 155.999

      (1)   In computing the number of required off-street parking spaces, the floor area shall mean the gross floor area of the specific use, excluding any floor or portion used for parking. Where fractional spaces result, the parking spaces required shall be the nearest whole number. For the number of off-street parking and loading spaces required in all other districts, see Table 1 below:

Table 1: Minimum Off-Street Parking and Loading Requirements

 

      (2)   For parking requirements for dwellings (excluding manufactured homes) see Table 2 below.

         (a)   Below are several options for a property owner to take when building off- street parking. The process starts with division 1. below. If the requirements cannot be met, then proceed to division 2. below, and so on. All other ordinances still apply to the construction. Options:

            1.   Off-street parking to be in the existing driveway (side-by-side or back-to-back); if not, then

            2.   Existing driveway may be widened to provide side-by-side parking along the front side of the property. The portion widened may not be in front of the residence; if not, then

            3.   Properties with alleyway access may construct the parking area along the rear of the property with access from the alleyway; if not, then

            4.   Off-street parking may be constructed in the rear yard; if not, then

            5.   Existing driveway may be widened to provide side-by-side parking along the front side of property. A portion widened may be in front of the residence. The maximum distance for the portion in front of the residence to be widened will be 4-feet and shall be hard surface.

      (3)   Alternate parking requirements for those uses listed in division (A)(1)(a) of this section shall allow for 1 parking stall within the garage to count towards the off-street parking requirements. In order for the alternate parking requirements to be utilized, the following criteria must be met:

         (a)   Each dwelling unit shall have the garage located within 10 feet of the unit (measured from the closest point of the dwelling unit to the closest point of the garage unit);

         (b)   Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and

         (c)   The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose.

      (4)   Alternate parking requirements for multiple-family dwellings (larger than 2 dwelling units) shall allow for single stall garages to count as 0.5 off-street parking spots, and for double stall garages, or larger, to count as 1 off-street parking spots. In order for the alternate parking requirement to be utilized, the following criteria must be met:

         (a)   Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and

         (b)   The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose.

Table 2: Minimum Off-Street Parking and Loading Requirements for Residential Uses

 

 

      (5)   All other uses not specified in the above tables shall have minimum off-street parking and off-street loading spaces as determined by the City Council.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1276, passed 5-21-2012; Am. Ord. 1340, passed 5-16-2016; Am. Ord. 1354, passed 6-5-2017; Am. Ord. 1367, passed 2-20-2018; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1471, passed 9-19-2022; Am. Ord. 1513, passed 4-1-2024) Penalty, see § 155.999

   There shall be provided at the time any building is erected or structurally altered, off-street loading spaces for the following uses.

 

 

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   Fences may be erected in required yards, provided they meet or exceed the following requirements:

   (A)   No barbed wire fence shall be erected or maintained.

   (B)   No fence shall be erected or maintained in a manner as to unreasonably obstruct the view of others or their access to light or air.

   (C)   For R-1, R-2, R-3, R-4, CB, NC or NRC District, , fences not more than 6 feet in height may be erected on any part of a lot other than in the required front yard. Fences not more than 4 feet in height may be located on any part of the lot.

   (D)   For GB, LI, GI, or HI District , fences not more than 8 feet in height may be erected on any part of a lot other than in the required front yard.

   (E)   No fence shall be erected which violates § 155.070, visibility at intersections.

   (F)   To preserve the neighborhood character of the Residential District, fences along the perimeter of a front yard shall be of a traditional design and shall not be more than 30% solid.

   (G)   The maximum fence height for golf courses, public swimming pools, school track and field areas, parks and ball parks shall be 8 feet and for public tennis courts, 12 feet on any portion of the lot. Fences associated with these uses shall not be more than 30% solid.

   (H)   Snow fencing not exceeding 4 feet in height shall be permitted in all districts provided it is removed between April 1 and November 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the city or a contractor having a permit from the city.

   (I)   All exterior fences constructed, which are parallel to and/or face the street/alley or public property shall have the smooth/finished side, the side without the support bracings or frame, of the fence facing toward the outside when there is only 1 smooth/finished side.

   (A)   A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line. Exceptions: The Planning and Zoning Commission may grant an exception to the 300 feet distance from the telecommunications tower, but not less than a distance of twice the fall radius of the telecommunications tower, to any residentially zoned or used property for stealth or camouflaged towers only if a public hearing is conducted by the Planning and Zoning Commission wherein the design is approved. Notice of public hearing to approve the design shall be sent to all property owners within 300 feet at least 10 days prior. Application for Planning and Zoning Commission to consider an exception must be submitted at least 14 days prior to the hearing and include pictures and information on the proposed design(s), maximum tower height(s), and other information on the form provided by the city deemed appropriate for consideration of the exception request.

   (B)   A minimum distance of ½-mile between telecommunications towers measured from the base of 1 telecommunications tower to the base of another except when an existing antenna support structure is used to co-locate a wireless communication facility.

   (C)   Building permit shall include documented Federal Communications Commission (FCC) approval prior to permit issuance.

   (D)   The maximum height for telecommunications towers and wireless communications facilities shall not exceed 100 feet for single users or 200 feet for 2 or more users. When such structure is located in an airport approach zone, Federal Aviation Administration approval will be required prior to permit issuance. Wireless communications facilities on new telecommunications tower structures, antenna support structures, or co-located on existing telecommunications towers shall minimize visual impact on the city skyline.

   (E)   The tower shall be constructed in a manner that will make it inaccessible for unauthorized person to climb.

   (F)   Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.

   (G)   (1)   A telecommunications tower site and tower base adjacent to residential property shall be provided with a fence, wall, berm or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.

      (2)   Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.

      (3)   Adjacent to a residentially used or zoned property, natural materials shall be used for fence screening. If chain-link fencing is needed for safety and security, additional landscape screening shall be required outside the chain-link fence to screen public view of the telecommunications tower site.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1366, passed 2-5-2018; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1494, passed 10-16-2023)

   (A)   The pitch of the main roof shall not be less than 1 foot of rise for each 4 feet of horizontal run.

   (B)   The minimum width of the main body of the site-built dwelling shall not be less than 20 feet, as measured across the narrowest portion.

   (C)   A wood or masonry foundation shall form a complete enclosure under the exterior walls.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   It is the desire of the city to encourage development, which is environmentally sensitive and aesthetically pleasing. To assist in these objectives, a minimum standard for landscaping is prescribed.

   (A)   Within any zoning district, at least 90% of the required front yard setback, including the parkway and 50% of the rear yard, shall be landscaped and maintained with living ground cover except for the portion of the front or rear yard necessary for hard surfaced driveways and parking (§ 155.072).

   (B)   Within the R-1, R-2, R-3, GB, CB, NC, GI, and HI districts, 1 tree per 50 feet of frontage is required. A minimum of 1 tree must be planted in the front yard. No more than 50% of the required trees may be planted in the parkway. No more than 25% of the required trees may be deciduous ornamental, evergreen, or coniferous trees. Exception: If parking facilities or buildings utilize zero setbacks as permitted by ordinance, 1 tree per 50 feet of frontage shall be required within the parkway, subject to approval by the Zoning Administrator.

   (C)   Each existing tree of at least 1 3/4-inch caliper in size shall count toward the tree requirement.

   (D)   Only permitted, deciduous shade trees may be planted in the street right-of-way.

   (E)   Where feasible, landscape areas must be capable of providing a substantially full expanse of foliage within 3 years after planting. All deciduous trees shall be 1 3/4-inch caliper and all deciduous ornamental shall be 1 1/4-inch caliper. Berms or other landscaping techniques may be used for all or part of the 6 foot screening if they have a maximum grade of 3 feet horizontal to 1 foot vertical and sodded or planted with other acceptable living ground cover.

   (F)   A fence, wall, or shrubbery 6 feet in height and of a character necessary for adequate screening shall be installed or planted when a commercial use is located adjacent to residentially used property or across the right-of-way from residentially used property (unless the right-of-way is an arterial street). Berms or other landscaping techniques may be used for all or part of the 6 foot screening if they have a maximum grade of 3 feet horizontal to 1 foot vertical and sodded or planted with other acceptable living ground cover.

   (G)   A setback of at least 5 feet shall be provided between a commercial parking lot and residentially zoned property. If proper screening is provided, the setback may be 2 feet.

   (H)   When property is adjacent to or within 150 feet of residentially used or zoned property, the following lighting standards apply:

      (1)   The maximum light level shall be no greater than 3 foot candles field measured at the property line (ground level);

      (2)   The maximum height of light luminaries shall be 25 feet above the ground;

      (3)   Canopy luminaries and other on-site lighting with luminaries greater than 2000 lumens shall include a 90-degree cut-off type, deflector, refractor, or forward throw light fixture;

      (4)   The maximum number of canopy luminaries shall be determined by the following industry standard:

Canopy length (in feet) x canopy width (in feet) x 3 = Maximum No. of Luminaries lamp wattage

      (5)   All other light luminaries shall have a maximum height of 38 feet above the ground. Submittal of photometric plans shall be required with all site plan checks for building projects on property with lighted parking lots or lighted canopies; and

      (6)   The following structures or uses are exempt from these lighting standards: public recreation facilities, parks, pedestrian walkways, illuminated flags or statues, airport runways, telecommunication towers, broadcast towers, and historic period lighting.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1342, passed 5-16-2016; Am. Ord. 1343, passed 7-5-2016; Am. Ord. 1409, passed 12-2-2019)

   Home occupations are those secondary uses allowed on a premise in conjunction with the following:

   (A)   The occupation must be conducted within a dwelling unit or associated accessory structure.

   (B)   The occupation must be clearly incidental and secondary to the principal use of the residential dwelling for residential dwelling purposes.

   (C)   Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.

   (D)   There can be no evidence other than the nameplate that will indicate from the exterior that the building is being utilized in part for any other purpose other than that of a residential dwelling. No sign shall be attached to the building other than a nameplate. The sign shall not be illuminated or more than 1 square foot in area.

   (E)   Such occupations shall not require substantial internal or external alterations or involve construction features not customary in a residential dwelling.

   (F)   Must be engaged in providing services to the general public such as professional services, financial services, repair shops, beauty shops, barber shops, shoe repair, photographic and art studios, family day care, etc. Sales of items related to the services being provided are allowed.

   (G)   Any process that will cause odor, dust, glare, noise, heat or vibration, which would have a negative effect on adjacent properties, would not be allowed.

   Refer to Chapter 151: Mobile Home Parks.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   (A)   Bed and breakfasts shall be limited to a residential structure with an overall minimum of 1,800 square feet of floor area. Preference will be given to structures with historic or other unique qualities.

   (B)   They shall be in compliance with applicable state laws including registration with the South Dakota Department of Health, maintaining a guest list, and providing a smoke detector in each sleeping room.

   (C)   The uses shall be an incidental use with an owner-occupied principal dwelling structure provided that not more than 5 bedrooms for up to an average of 10 guests per night in a dwelling structure shall be used for such purpose.

   (D)   Off-street parking requirements shall be 1/2-space per guest room and shall be in addition to parking requirements for the principal use. A tandem arrangement of parking spaces stacked end to end on a hard-surfaced driveway may be used for the off-street parking requirements.

   (E)   Meals shall be limited to breakfast, which is prepared in a common facility (household kitchen). Meals may be served only to overnight registered guests and cooking is not permitted in the sleeping rooms.

   (F)   The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and a floor plan showing a location of sleeping rooms, lavatories, bathing facilities and kitchen shall be submitted with the application.

   (G)   Signs shall not be more than 4 square feet in area, and shall not be illuminated.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1378, passed 6-18-2018; Am. Ord. 1409, passed 12-2-2019)

   (E)   Tower height. In no event shall the height of a wind energy conversion system exceed 90 feet as measured from the ground to the rotor hub. Further, there shall be no less than 30 feet between the lowest arc of the rotors of a wind energy conversion system and the ground, any portion of a structure or any tree.

      (1)   The construction of a 6-foot tall chain link fence with locking gate around the tower;

      (2)   The tower shall be constructed so that the lowest climbing access shall be at least 12 feet above the ground; or

      (3)   A locked anti-climb device shall be installed on the tower.

      (1)   Any wind energy conversion system which has not been used for a period of 6 months or more shall be declared abandoned. Upon abandonment of the system, the city shall revoke the conditional use and the system shall be removed at the expense of the property owner. The city shall determine that a wind energy conversion system has not been used if the following criteria apply:

         (a)   The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced a minimum of 25% of the power output as stated in the system specifications over the past 6 months;

         (b)   The wind energy conversion system has fallen into obvious disrepair and/or has been condemned by the city.

         (c)   The wind energy conversion system has become violative of some other local, state or federal law and the owner of the system has not taken appropriate actions to remedy the problem.

      (2)   If deemed appropriate, the city may stipulate through the conditional use that the wind energy conversion system shall be removed at the owner’s expense, upon the rezoning of the subject property to a zoning district classification in which wind energy conversion systems are not allowed as either a permitted use or conditional use.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019) Penalty, see § 155.999

      (1)   Eaves may project 24 inches into a front, side, or rear yard;

      (2)   Ordinary projection of sills, belt courses, cornices, vertical solar screen, ornamental features that may project 24 inches;

      (3)   Air conditioners may project into a required side or rear setback;

      (4)   Porches, decks and terraces in front yards that extend more than 30 inches above the level of ground that are open, uncovered and unenclosed may project into a required front yard for a distance not exceeding 10 feet. Balconies and paved terraces may project into a required front yard for a distance not exceeding 6 feet.

      (5)   Terraces, uncovered porches, platforms, decks, and ornamental features which do not extend more than 30 inches above the level of ground may project into a required yard, provided these projections be distances at least 2 feet from the adjacent side or rear lot line.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1221, passed 12-7-2009; Am. Ord. 1409, passed 12-2-2019)

   A lawful use or structure existing at the time this chapter is adopted or amended may continue even though the use does not conform with the district regulations subject to the following provisions:

   (A)   If no structural alterations are made, a nonconforming use or structure may be changed to another nonconforming use or structure of the same or more restricted zoning district.

   (B)   Whenever a nonconforming use or structure has been changed to a more restricted or conforming use, it shall not be changed back to a less restricted use.

   (C)   Should any nonconforming use or structure be destroyed by any means to the extent of more than 50% of its replacement cost, such nonconforming use shall not continue.

   (D)   In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of 1 year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

   (E)   Any nonconforming use may be extended throughout any part of a structure which was arranged or designed for the use previous to the adoption of this chapter, but shall not be extended outside the structure.

   (F)   No existing nonconforming use or structure shall be enlarged, moved, or structurally altered except to change to a permitted use. This is not to include normal repairs and maintenance, which do not enlarge, move or structurally alter a nonconforming use.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)