Winner City Zoning Code

SUPPLEMENTARY DISTRICT

REGULATIONS

§ 154.375 FENCES, WALLS AND HEDGES.

(A) Fences in the front yard, as defined in § 154.016:

(1) Shall be approved by the Zoning Administrator prior to construction;

(2) Shall not exceed four feet in height; and

(3) Shall be constructed of a material that does not impede motorist’s vision.

(B) Fences, walls and hedges built or planted in side and rear yards:

(1) Within the agriculture, residential, and manufactured home park districts, shall not exceed six feet in height; and

(2) Within the commercial and industrial districts, shall not exceed eight feet in height and shall have written approval by the Zoning Administrator prior to construction.

(C) Fences constructed on property abutting an arterial street shall be set back ten feet from the property line. A variance request may be filed in accordance with the applicable sections of this chapter.

(D) Property owners proposing to construct a fence should consider a maintenance buffer of one foot. Said buffer shall be measured from the property line to the outermost plane edge of the fence.

(E) Fences shall be constructed of appropriate material including chain link, wood, vinyl, metal, masonry or wire and shall be neat and presentable. Fences shall be constructed with the most visibly pleasing side facing the right-of-way or adjacent property.

(F) Outdoor storage areas, as defined in § 154.016, shall be enclosed by an opaque fence or planted screen with a height of six feet in residential districts and shall not exceed eight feet in height in commercial and industrial districts as measured from the prevailing grade.

(G) Fences constructed for screening garbage bins or dumpsters shall not exceed six feet in height and shall be constructed of an opaque material or chain link with slats. Said fence shall comply with applicable yard requirements.

(H) This section shall not apply to those entities where safety and controlled access regulations require fencing exceeding these standards. However, said entities shall have written approval by the Zoning Administrator prior to construction.

(I) Aforementioned fence height restrictions are eligible for consideration of a variance. All requests for variance except those identified in division (H) above shall be in accordance with the process as described in this chapter.

(Prior Code, § 16.21.01) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.376 ACCESSORY BUILDINGS AND STRUCTURES.

(A) All accessory buildings, including, but not limited to, greenhouses and playground equipment, shall meet the setbacks for the district in which it is located with the exception of utility sheds in residential districts per § 154.392.

(B) The use of portable storage units (PODs, shipping containers) in residential districts are limited to one such unit per residence, limited to two consecutive six-month periods with the building permit fees set by resolution and on file with the City Finance Office. Provided, however, a single portable storage unit (POD, shipping container) may be permanently placed on the property if it is clad to resemble a light-frame structure. The cladding would require the unit to be encased with conventional house siding (flat or corrugated sheet metal is prohibited) compatible in appearance with the other structure(s) on the premises, the roof shall have a minimum pitch of three inches of rise for each 12 inches of horizontal run and shall be finished in conventional roofing products, and the door(s) must be covered to resemble doors on an accessory structure (utility shed). If the portable storage unit (POD, shipping container) is going to become a permanent structure, it must have the above alterations made within the first six-month period, it must be placed in the side yard or rear yard, is subject to all setback requirements, and shall not be placed closer than 12 feet from any adjoining property owner's residence.

(1) For purposes of this section, the term "PODs, shipping containers", in addition to their normally accepted meanings, shall include things such as a semi-trailer, a truck cargo box, a truck or van body, or similar things that were originally designed to be mobile or portable and were used in the transportation or delivery of goods, whether or not a chassis or wheels remain attached to the underside of it.

(2) The provisions of this section shall apply to all existing PODs, shipping containers on any property that is subject to this chapter. Existing units are not grandfathered in.

(Prior Code, § 16.21.02) (Ord. 737, passed - -; Ord. 800, passed - -; Ord. 998, passed 5-3-2021)

§ 154.377 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided, that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Prior Code, § 16.21.03) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.378 STRUCTURES TO HAVE ACCESS.

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(Prior Code, § 16.21.04) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.379 PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT.

Recreational vehicles shall not be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or any location not approved for such use. Provided, however, they may be used for said purpose for not more than 72 consecutive hours in a month; or for more than 72 hours but not more than 14 days, after first obtaining a permit from the Code Enforcement Officer and paying the fee of $25. No more than one permit will be authorized in any calendar year for the same vehicle or the same family. The 72 hour permissive period, or the permit for up to 14 days, require parking the vehicle off-street on private property. Under no circumstances will on-street living, sleeping or housekeeping in a recreational vehicle be permitted at any time. A violation of this section shall be punished as provided in § 10.99 of this code.

(Prior Code, § 16.21.06) (Ord. 737, passed - -; Ord. 800, passed - -; Ord. 1070, passed 2-5-2024)

§ 154.380 PARKING LOTS.

(A) Parking lots, meeting the minimum off-street parking requirements as described herein, shall be adjacent to the structure it serves and shall meet the requirements that include vehicular access to a street or alley, and 200 square feet of parking space per vehicle.

(B) Parking lots shall conform to the city’s standards.

(Prior Code, § 16.21.08) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.381 TEMPORARY BUILDINGS.

Temporary buildings are permissible for uses incidental to construction work provided such buildings are removed promptly upon termination of construction work.

(Prior Code, § 16.21.09) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.382 UNIQUE LOT REQUIREMENTS.

(A) Through lots. In the case of through lots, the front yards on either side of the block will match the prevailing yard patterns on each side of the block. The administrative official may waive the requirement for the normal front yard and substitute a special yard requirement, which shall not exceed the average of the yards, provided on adjacent lots.

(B) Corner lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of the depth required generally for front yards in the district shall be provided on the other frontage or prevailing frontage on that street.

(C) Reversed frontage corner lots. In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage, and a second front yard, of the depth required generally for front yards in the district, shall be provided on the other frontage.

(Prior Code, § 16.21.10) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.383 MODULAR HOME AND MANUFACTURED HOME PERFORMANCE STANDARDS.

Modular homes or manufactured homes sited within a residential district (excluding existing manufactured home parks) shall comply with the following conditions.

(A) The placement of a modular home or a manufactured home must meet the minimum setback requirements for the residential district as set forth in the code.

(B) All manufactured homes shall be supported and anchored in accordance with the manufacturer’s installation instructions, the Federal Model Manufactured Home Installation Standard 24 C.F.R. part 3285, being 24 C.F.R. §§ 3285.1 through 3285.907, or as approved by the Planning and Zoning Administrator. All modular homes shall be anchored or otherwise connected to the foundation under it.

(C) A continuous footing must be placed around the entire perimeter of the home (as per the illustration provided by Planning and Zoning). Even to the extent that any portion of the perimeter is not placed on a load-bearing footing, still there must be a continuous above-ground footing consisting of mortar and concrete blocks, or similar permanent block materials that encloses completely the space between the bottom of the exterior wall of the house, and the ground level foundation or footing.

(D) The pitch of the main roof shall not be less than three inches of rise for each 12 inches of horizontal run.

(E) The roof shall be finished with conventional residential roofing products, such as shingles or colored manufactured roofing steel. Flat or corrugated sheet metal is prohibited.

(F) The exterior walls shall be encased with conventional house siding (flat or corrugated sheet metal is prohibited).

(G) Skirting or similar materials shall not be permissible. See division (C) above for the requirement of a permanent block material of mortar or concrete blocks.

(H) Running gear and hitch shall be removed.

(I) The minimum width of the main body of the modular home or manufacture home as assembled on the site shall not be less than 24 feet nominal width.

(J) Manufactured homes and modular homes shall meet or exceed the federal standards.

(K) The city shall inspect and approve the foundation prior to placement of the home.

(L) The minimum size of living space in any modular home or manufactured home for which no minimum is provided in this code shall be 750 square feet.

(Prior Code, § 16.21.11) (Ord. 737, passed - -; Ord. 800, passed - -; Ord. 890, passed - -; Ord. 1058, passed 8-7-2023)

§ 154.384 EXISTING TRAILER PARKS.

(A) Existing trailer parks are allowed to continue operation without any changes, modifications, additions or increases except normal repair and maintenance.

(B) Single-wide manufactured homes are not allowed within the city except in existing trailer parks or mobile home parks.

(Prior Code, § 16.21.12) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.385 FLOODWAY.

The purpose of this section is to protect open spaces and natural drainage courses in their capacity to carry runoff water and to limit uses of land in areas subject to flooding and prevent the destruction or pollution of valuable and irreplaceable natural resources and prevent encroachment of uses which would reduce the future potential of these resources.

(Prior Code, § 16.21.13) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.386 LANDFILLS AND RESTRICTED USE SITES.

Landfills and restricted use sites shall not be located within the city.

(Prior Code, § 16.21.14) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.387 QUARRIES AND/OR MINING.

All mining activity shall be conducted in accordance with SDCL § 45-6.

(Prior Code, § 16.21.15) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.388 TOWERS.

Towers shall be located, constructed and maintained in accordance with the provisions of § 154.395, whether they are to be used in telecommunications or otherwise.

(Prior Code, § 16.21.16) (Ord. 737, passed - -; Ord. 800, passed - -; Ord. 894, passed - -)

§ 154.389 SWIMMING POOLS.

Swimming pools shall be enclosed by fencing that is at least five feet high or protected by a listed pool safety cover.

(Prior Code, § 16.21.17) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.390 REQUIRED CONDITIONS.

No use shall be permitted to be established or maintained that by reason of its nature or manner of operation is, or may become, hazardous, noxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise vibrations, refuse matter or water-carried waste. All facilities required for the discharge, collection and treatment of liquid, solid or gaseous wastes shall be designed, constructed, and operated in accordance with applicable laws and regulations of the state.

(Prior Code, § 16.21.18) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.391 LOCATION OF CARNIVALS.

No carnivals and the like shall be allowed to set up operation closer than 200 feet from any residential, two-family or multi-family district.

(Prior Code, § 16.21.19) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.392 UTILITY SHEDS.

Utility sheds not exceeding 120 square feet shall not be closer than six inches to any property line in any required rear yard and shall not be placed closer than 12 feet from any adjoining landowners dwelling.

(Prior Code, § 16.21.20) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.393 FLAMMABLE MATERIALS STORAGE AND TRANSPORTATION EQUIPMENT.

No vehicles or equipment designed or utilized for the storage or transport of flammable materials including, but not limited to, fuel, oil, propane or chemicals shall be located in a residential district. This section shall include extended or overnight parking of transports not engaged in delivery activities at the time of inspection or complaint.

(Prior Code, § 16.21.21) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.394 WIND ENERGY CONVERSION SYSTEMS.

(A) Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy conversion systems shall be governed within the city.

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

WIND ENERGY CONVERSION SYSTEM (WECS). Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.

(C) General. Wind energy conversion systems shall be allowed only as a conditional accessory use to a permitted principal or approved conditional principal use in certain zoning districts.

(D) Limited use. Any wind energy conversion system shall be used only for the purpose of generating power for the property on which the wind energy conversion system is located.

(E) Utility interconnection.

(1) Any wind energy conversion system shall be constructed and operated, and any interconnection between a wind energy conversion system and an electric utility company shall be allowed only in accordance with all local, state and federal regulations including regulations issued by the Public Utilities Commission, the Federal Aviation Administration and pertaining to State Public Utilities Commission Administrative Rule ARSD Chapter 20:10:36.

(2) Additionally, electrical interconnections shall be allowed only in accordance with the applicable standards of the electric utility company. The City Electric Department must first approve the interconnection before the WEC can become operational.

(F) Setbacks. A minimum setback of one and one-tenth times the height of the wind energy conversion system shall be maintained between the wind energy conversion system and any property line. Further, any WECS shall meet all applicable utility clearance setbacks in place by the electric utility service the property upon which the WECS is being placed.

(G) Height. In no event shall the height of a wind energy conversion system exceed 60 feet as measured from the ground to the top of the tower, excluding the wind turbine generator and blades. Further, the lowest portion of the blade shall be at least 30 feet above the ground. The height of a wind energy conversion system must also comply with Federal Aviation Administration regulations, 14 C.F.R. part 77, being §§ 77.1 through 77.41, Safe, Efficient Use, and Preservation of the Navigable Airspace.

(H) Rotor size/operation. The maximum size of the rotors of a wind energy conversion system shall be reviewed upon application for a conditional use. In determining the appropriate size for the rotors, the city shall consider such factors as noise, proximity to surrounding residences, safety and aesthetic issues. All systems shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.

(I) Construction standards. Any wind energy conversion system shall be constructed in accordance with all applicable Life, Safety, Building and Fire Codes including, but not limited to, the following:

(1) An applicant for a building permit for a wind energy conversion system shall submit plans and specifications stamped by a registered engineer; and

(2) Lightning protection. Any wind energy conversion system shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage.

(J) Manufacturer warranty. At the time of application for a conditional use, the petitioner shall provide documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions similar to the conditions within the city. The wind energy conversion system shall be warranted against any system failures reasonably expected in severe weather operation conditions.

(K) Tower access. To prevent unauthorized climbing, wind energy conversion system towers must comply with one of the following provisions.

(1) Tower climbing apparatus shall not be located within 12 feet of the ground.

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

(3) Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.

(L) Signs. One sign, limited to four square feet, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage and the phone number of the property owner/operator to call in case of emergency.

(M) Lighting. No lights shall be installed on the tower, unless required to meet Federal Aviation Administration regulations.

(N) Noise. No wind energy conversion system shall produce more than 60 decibels of sound measured at the closest point on the closest property line from the base of the system. Information from the manufacturer of the wind energy conversion system shall be submitted at the time of the submittal of the conditional use, ensuring that this requirement can be met once the system is operational.

(O) Electromagnetic interference. No wind energy conversion system shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television or microwave towers. At the time of application for the conditional use, the petitioner must submit information from the manufacturer indicating that, once operational, the wind energy conversion system will not adversely affect the transmissions. If necessary, generators and alternators shall be filtered, shielded or both so as to prevent the interruption and/or interference of radio and television signals.

(P) Inspection. The city hereby reserves the right upon issuing any wind energy conversion system conditional use permit to inspect the premises on which the wind energy conversion system is located. If a wind energy conversion system is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.

(Q) Abandonment. Any wind energy conversion system which has not been used for a period of six months or more shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

(R) The term Wind Energy Conversion System, as defined in § 154.016, will be included as a conditional use in all zoning districts in the city.

(Prior Code, § 16.21.22) (Ord. 737, passed - -; Ord. 800, passed - -)

§ 154.395 WIRELESS COMMUNICATION FACILITIES.

(A) Purpose. The purpose of this section is to establish regulations and performance standards for the siting of wireless communication facilities (WCFs) in a manner that will protect the public’s health, safety and welfare and maintain the aesthetic integrity of the community.

(B) Permit required. An application for a building permit is required prior to the construction of any WCF. Compliance with all applicable building codes, navigation hazard requirements, Federal Aviation Administration regulations and §§ 154.355 through 154.362 must be achieved before a permit will be issued.

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

AMATEUR RADIO OPERATOR TOWER. A structure used for the transmission, broadcast or reception of amateur radio or citizen band signals.

ANTENNA. Any device that radiates or captures electromagnetic wave signals including digital and analog voice and data signals or video or microwave signals.

ANTENNA SUPPORT STRUCTURE. An existing building or structure such as, but not limited to, utility poles, light poles, signs, elevated water tanks and steeples upon which an applicant proposes to install wireless communications facilities.

BROADCAST TOWER. A structure for the transmission of radio or television broadcast communications. This term does not include offices or studios.

CO-LOCATION/SITE SHARING. Use of an antenna support structure or telecommunications tower by two or more wireless license holders or by one wireless license holder for more than one type of communication. This includes the placement of a WCF on a structure owned and operated by a municipal or public utility.

DISTRIBUTED ANTENNA SYSTEM (DAS). A system consisting of:

(a) A number of remote communications nodes deployed throughout the desired coverage area, with each node including at least one antenna, but not more than three antennas per provider, for transmission and reception;

(b) A high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and

(c) Radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas.

EQUIPMENT FACILITY. A structure used to contain ancillary equipment for a WCF, such as cabinets, pedestals and similar devices.

HEIGHT. The distance measured from the original grade to the highest point on the WCF, including the antenna(s).

SMALL CELL FACILITY. A wireless service facility that either meets both of the following qualifications or is within a stealth design that is consistent with the design guidelines:

(a) Each antenna is located inside an enclosure of no more than five cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than five cubic feet, however, the maximum dimensions of the antenna shall not exceed 36 inches in height and 16 inches in diameter; and/or

(b) Each provider’s equipment enclosures shall be no larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter; concealment; telecommunications demarcation box; underground enclosures; back-up power systems; grounding equipment; power transfer switch; and cut-off switch.

STEALTH. The ability of freestanding telecommunication towers to blend into the neighborhood environment at a given location and the ability to camouflage or conceal the presence of wireless communication facilities when attached to antenna support structures.

TELECOMMUNICATIONS TOWER. Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers or monopole towers. A COMMUNICATION TOWER may include, but not be limited to, radio and television towers, microwave towers, common carrier towers, cellular telephone towers and personal communication service towers.

TEMPORARY WCF. A WCF that is placed in service for less than 180 days.

WIRELESS COMMUNICATIONS FACILITIES. One or more antenna, tower, base station, antenna support structure, mechanical and/or electronic equipment, conduit, cable, fiber, wire and associated structures, enclosures, assemblages, devices and supporting elements that generate, transmit or produce a signal used for communication that is proposed by an entity other than the city, including but not limited to radio/TV/satellite and broadcast towers, telephone service, including new microwave or cellular towers, personal wireless service facilities, DAS, small cell facilities and temporary WCF.

(D) Siting and co-location criteria.

(1) The siting and co-location of all WCFs shall be subject to the following criteria before consideration will be given to a new site:

(a) WCFs shall be located on existing antenna support structures, such as utility poles, light poles, signs, elevated water tanks, buildings and other WCFs;

(b) WCFs shall co-locate or site share upon existing telecommunication towers; or

(2) If an applicant has shown a good faith effort to co-locate but has found it not to be feasible, a written statement indicating the reasons why co-location is not feasible shall be provided.

(E) Application requirements. The following information is required prior to the siting of all WCFs. Installing antenna(s) on existing WCFs and amateur radio operator towers are exempt from these requirements.

(1) In districts designated as AG, REC, C-1, C-2, C-2DT, H or I districts, an application shall be accompanied by a scaled drawing or aerial map, showing the subject property and all properties within one and one-half times the height of the proposed tower and the location of all existing buildings and structures, and the exact location of the tower and equipment facility. A WCF on an existing antenna support structure shall be considered through administrative review by the Planning and Zoning Commission. A proposed telecommunication tower shall be considered through the conditional use permit process.

(2) In districts designated as R-1, R-2, R-2MH, R-3, R-3MH and MHP districts, a WCF on an existing antenna support structure shall be considered through administrative review by the Planning and Zoning Commission. A proposed telecommunication tower shall be considered through the conditional use permit process. An application shall be accompanied by a scaled drawing or aerial map showing the subject property and all properties within three times the height of the proposed tower and the location of all existing buildings and structures and the exact location of the tower and equipment facility.

(3) If applicable, an application must also include written documentation under a licensed engineer’s stamp verifying the need for a guyed-lattice tower when no other means of antenna support structure is available due to technical engineering constraints.

(4) Procedure for administrative review for WCFs in the public right-of-way:

(a) The Planning and Zoning Commission shall issue a written decision concerning the application within 60 days of submission of the initial application unless:

1. The city notified the applicant that its application was incomplete within 30 days of filing, and if so, the remaining time from the 60-day total review time is suspended until the applicant provides the missing information;

2. Extension of time is agreed to by the applicant; or

3. Additional time required by processes of the Federal Aviation Administration (FAA), the State Historic Preservation Office or the Historic Preservation Commission, if applicable to the proposed installation, and to the extent that the same are beyond the control of the city. The running of the aforementioned 60-day period shall not otherwise be tolled.

(b) Failure to issue a written decision within 60 days shall constitute an approval of the application.

(c) The provisions of this division (E) do not apply to applications for facilities outside of the public rights-of-way in the municipality.

(F) Development standards.

(1) Location and setback.

(a) Antenna. Antenna(s) that are attached to support structures are exempt from the setback requirements in the district in which they are located. The antenna(s) may extend up to five feet horizontally beyond the edge of the support structure provided it does not encroach over the property line.

(b) Telecommunication towers. A telecommunication tower shall meet the setback requirements for the district in which it is located. A telecommunication tower shall also be constructed on a lot so that it is as far away as possible from existing off-site buildings, and in no event nearer to any residential building than a distance of 100% of the height of the tower. A telecommunications tower shall not be closer to a residential district boundary line than 100% of its height. Where telecommunication towers are required to meet FAA paint and/or lighting regulations, the distance between them shall not be less than one-half mile.

(c) Equipment facilities. All equipment facilities shall meet the setback requirements for the district in which they are located.

(d) Amateur radio operator tower. All amateur radio operator towers shall meet the setback requirements for the district in which they are located.

(2) Height.

(a) Antenna(s) attached to antenna support structures may not add more than 20 feet in height to the existing building or structure to which it is attached. In R-1, R-2, R-2MH, R-3, R-3MH and MHP Districts, the maximum height including the antenna support structure and the antenna(s) is 100 feet.

(b) Telecommunication towers:

1. In the I and AG Districts, the tower structure shall not exceed the maximum height of 200 feet;

2. In the REC, C-1, C-2, C-2DT and H Districts, the maximum height is 100 feet; and

3. In the R-1, R-2, R-2MH, R-3, R-3MH and MHP Districts, the maximum height shall be determined through the conditional use permit process.

(c) Amateur radio operator towers shall have a maximum height of 35 feet. Exceptions: antennas co-located upon existing structures. In addition, for every one additional foot in from the side or rear building setback lines, one additional foot in height may be added, to a maximum height of 60 feet.

(d) Broadcast towers may be erected to a height as approved by the Board of Adjustment upon conditional use review.

(3) Screening and landscaping. Telecommunication tower sites and equipment facilities shall be screened when there exists a clear view from adjacent residential uses. A fence, wall, berm, shrubbery or tree plantings shall be installed to a sufficient height along the perimeter or in appropriate areas in order to reduce the visual impact of the tower base and buildings. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible and may be a sufficient buffer. If a chain-link fence is erected, the fence shall have wood or plastic slats woven into the fence, open mesh windscreens installed or additional shrubbery or tree plantings located outside the fence.

(4) Illumination. Towers shall not be artificially lighted unless required by the FAA or other governing authority. Security or safety lighting for equipment facilities is permitted.

(5) Design. Towers shall be of a neutral color unless otherwise required by the FAA. Antenna(s) installed on support structures shall be of a neutral color that is the same as or compatible with the support structure. Buildings and other structures shall be made of exterior materials and colors that will blend the facilities to the natural setting and built environment. In residential districts, aesthetics is a high priority. Therefore, only a monopole design shall be permitted unless otherwise approved during the administrative review or conditional use process. In addition, incorporating stealth design into the tower and equipment facilities whenever possible will be an important factor in the review of any conditional use permit application.

(6) Maintenance. Telecommunication towers, antenna support structures and WCFs shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard (EIA/TIA) 222 Revision G Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” as it may be updated or amended.

(7) Abandonment. Any wireless communication facility that is no longer in use shall be reported to the city by the facility owner. If a WCF is not operated for a continuous period of 12 months, it shall be considered abandoned and the owner shall remove the WCF within six months after the expiration of the 12-month period.

(8) Development standards for small cell facilities and distributed antenna systems (DAS).

(a) The applicant shall demonstrate that through location, construction or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views from adjacent residential neighborhoods and the pedestrian environment, while retaining viable opportunities for future collocation. Justification must be provided by the applicant for any noncompliance with the design guidelines in division (F)(5) above;

(b) Documentation of the number of other entities desiring to use the telecommunications facility that can be accommodated within the design parameters of the telecommunications facility as proposed;

(c) A statement indicating the owner’s commitment to allow feasible shared use of the facility within its design capacity for collocation;

(d) The proposed site plan and design plans meet or exceed all applicable standards, including without limitation those of the FAA, Federal Communications Commission (FCC), American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code and the American Steel Institute. The telecommunications facility must comply with Building Codes and other federal, state and local regulations, applicant must also comply with applicable historic preservation ordinances of the city; and

(e) With respect to telecommunication facilities within public rights-of-way:

1. Support structures and above-ground transmission equipment shall be located outside the pedestrian portion of any sidewalk;

2. New telecommunication facility support structures may not be erected to a height greater than the height of surrounding utility poles or street lights, whichever is greater. If no utility poles are present, the total height shall be built to a maximum height of 35 feet, including antennas, lightning rods or other extensions. All new proposed structures, or a stealth telecommunications support structure replacing an existing support structure or alternative structure, within the right-of-way shall be designed for a minimum of two wireless communication facility providers; and

3. Telecommunication facilities shall be constructed consistent with the design requirements of the community development department, and, where applicable, the Historic Preservation Commission.

(Prior Code, § 16.21.23) (Ord. 895, passed - -)

§ 154.396 CANNABIS DISPENSARIES.

(A) Maximum number of cannabis dispensaries.

(1) In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

(2) The city shall allow up to two cannabis dispensaries provided the time, place, and manner of the dispensaries comply with this section.

(B) Required separation distances.

(1) A cannabis dispensary shall be located not less than 1,000 feet from a public or private school property existing before the date of the cannabis dispensary application;

(2) Prescribed separation distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.

(1) Permanent or temporary dispensaries are prohibited in all other zoning districts and are not eligible for a home occupation use.

(2) It shall be unlawful to operate a dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.

(D) Controlled access. No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment.

(E) Hours of operation.

(1) Cannabis dispensaries are allowed to be open between the hours of 7:00 a.m. and 10:00 p.m. local time, on Monday through Saturday.

(2) Cannabis dispensaries are not allowed to be open on Sundays, New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Native American Day, Veterans Day, Thanksgiving Day and Christmas Day, and all other holidays as designated by City Council.

(F) Documentation of state licensure. No cannabis dispensary shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, paraphernalia without providing documentation of licensure from the State of South Dakota.

(G) The zoning official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:

(1) Submission of a site plan containing the following:

(a) Any information required for applicable building permit;

(b) Ingress and egress plan;

(d) Lighting plan (including security lighting);

(e) Screening/security fencing plan;

(f) Refuse plan;

(g) Hours of operation; and

(h) Any other information as lawfully may be required by the zoning official to determine compliance with this section.

(2) Documentation of ability to meet setback/separation requirements.

(3) Documentation of state licensure.

(H) All cannabis establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.

(Ord. 1014, passed 11-1-2021)