Yankton City Zoning Code
ARTICLE II
- SCHEDULE OF DISTRICT REGULATIONS
Sec. 27-31. - R-1 single-family.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish and preserve quiet single-family home neighborhoods as desired by the residents, free from other uses except those uses which are both compatible and convenient to the residents of the district. |
(1) One-family detached dwellings.
(2) Golf courses, excluding driving tees or ranges, miniature courses, and similar uses operated for commercial purposes. (3) Field crops, orchards, nurseries, and other horticultural uses where no selling at retail is involved. (4) Home occupations shall be allowed in dwelling units provided all of the following conditions are met: a. It is conducted entirely within the dwelling unit without materially altering the arrangement thereof and carried on solely by the inhabitants thereof. b. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. c. No article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling unit. d. There is no change in the character of the neighborhood or outside appearance of the building nor shall there be any other visible or audible evidence of the conduct thereof. e. No home occupation shall be conducted in an accessory building. f. No traffic or parking shall be generated by such home occupation that would be in greater volumes than would normally be expected in a residential neighborhood. g. The following uses by nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use of a residentially zoned area for residence purposes and shall not be deemed home occupations: Automobile repair stations, clinics, photography studios, dentists, doctors offices, chiropractic and lawyer offices, hospitals, barber shops, beauty parlors, dress shops, real estate offices, animal hospitals, and kennels among others. (5) Home based daycare provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four (4) foot or taller fence from any adjoining lot. The maximum number of children allowed in a home based daycare is eleven (11). |
(1) Accessory buildings such as private garages, storage sheds, swimming pools, and
like uses which are clearly incidental to the use and on the same lot as the principal
building are permitted.
(2) Accessory buildings shall not encroach upon the required front or side yards. Provided further, that on a corner lot accessory buildings shall not encroach upon the required front or side yards adjacent to the abutting streets. Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. (3) Private sales, garage, rummage or yard sales are permitted provided they do not negatively impact the residential nature of the neighborhood. Only four (4) private sales may be held at a specific address per calendar year. |
(1) Trailer courts provided the provisions of Chapter 23 of the Municipal Code of Ordinances are met.
(2) Public utility facilities (i.e., transformer stations, pump houses plants). (3) Cemeteries, crematories, or mausoleum. (4) Hospitals or sanitariums. (5) Institutions for care of mentally ill. (6) Public facilities (i.e., recreation buildings, parks, community centers). (7) Towers exceeding fifty (50) feet in height above ground level. (8) Schools (i.e., elementary, high and colleges). (9) Nursery schools, day care centers, or nurseries provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four (4) foot or taller fence from any adjoining lot. (10) Churches and accessory buildings used for religious purposes. (11) Nurseries subject to the following: (1) The lot coverage of structures used for retail purposes shall not exceed two (2) per cent of the total lot area which the nursery occupies. (2) All structures shall be set back forty (40) feet from any property lines. |
(1) Minimum lot area—Ten thousand (10,000) square feet.
(2) Minimum lot width—Eighty (80) feet as measured at the setback line . (3) Lot coverage—No more than thirty-five (35) per cent of the area of a lot may be covered by buildings or structures. |
(1) Front yard: Thirty (30) feet or the established building setback line.
(2) Side yard: On interior lots there shall be a side yard on each side of a main building of not less than eight (8) feet. On corner lots the side yard requirement shall be the same as for interior lots except there shall be a side yard on the intersecting street of not less than thirty (30) feet. (3) Rear yard: Rear yard decks and patios maintained as open space without walls may include a roof, shade feature or canopy and may encroach fifteen (15) feet into the required rear yard setback. Rear yard decks are prohibited from occupying any required side yard setback. Yards on corner lots where a clearly identified and occupied rear yard space does not meet the required setback and is not less than fifteen (15) feet may be considered the rear yard of a property. There will be a rear yard of not less than twenty-five (25) feet. | No building shall be erected or enlarged to exceed a height of two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. | See the applicable chapter of the Code of Ordinances | Two (2) spaces per dwelling unit. |
(Ord. No. 711, § XX, 10-23-95; Ord. No. 753, § 1, 5-27-97; Ord. No. 808, § 1, 10-23-00; Ord. No. 818, § 1, 12-10-01; Ord. No. 957, 6-10-13; Ord. No. 966, § 1, 7-14-14)
Sec. 27-32. - R-2 single-family.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| The intent is the same as the R-1 district, except that this district is intended for areas where conditions require a higher density of housing. |
(1) Family detached dwellings.
(2) Golf courses, excluding driving tees or ranges, miniature courses, and similar uses operated for commercial purposes. (3) Field crops, orchards, nurseries, and other horticultural uses where no selling at retail is involved. (4) Home occupations shall be allowed in dwelling units provided all of the following conditions are met: a. It is conducted entirely within the dwelling unit without materially altering the arrangement thereof and carried on solely by the inhabitants thereof. b. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. c. No article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling unit. d. There is no change in the character of the neighborhood or outside appearance of the building nor shall there be any other visible or audible evidence of the conduct thereof. e. No home occupation shall be conducted in an accessory building. f. No traffic or parking shall be generated by such home occupation that would be in greater volumes than would normally be expected in a residential neighborhood. g. The following uses by nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use of a residentially zoned area for residence purposes and shall not be deemed home occupations: Automobile repair stations, clinics, photography studios, dentists, doctors offices, chiropractic and lawyer offices, hospitals, barber shops, beauty parlors, dress shops, real estate offices, animal hospitals, and kennels among others. (5) Home based daycare provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four (4) foot or taller fence from any adjoining lot. The maximum number of children allowed in a home based daycare is eleven (11). | (1) Accessory buildings such as private garages, storage sheds, swimming pools, and like uses which are clearly incidental to the use and on the same lot as the principal building are permitted. (2) Accessory buildings shall not encroach upon the required front or side yards. Provided further, that on a corner lot accessory buildings shall not encroach upon the required front or side yards adjacent to the abutting streets. Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. (3) Private sales, garage, rummage or yard sales are permitted provided they do not negatively impact the residential nature of the neighborhood. Only four (4) private sales may be held at a specific address per calendar year. |
(1) Trailer courts provided the provisions of Chapter 23 of the Municipal Code of Ordinances are met.
(2) Public utility facilities (i.e., transformer stations, pump houses plants). (3) Cemeteries, crematories, or mausoleum. (4) Hospitals or sanitariums. (5) Institutions for care of mentally ill. (6) Public facilities (i.e., recreation buildings, parks, community centers). (7) Towers exceeding fifty (50) feet in height above ground level. (8) Schools (i.e., elementary, high and colleges). (9) Nursery schools, day care centers, or nurseries provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four-foot or taller fence from any adjoining lot. (10) Churches and accessory buildings used for religious purposes. (11) Nurseries subject to the following: (1) The lot coverage of structures used for retail purposes shall not exceed two (2) per cent of the total lot area which the nursery occupies. (2) All structures shall be set back forty (40) feet from any property lines. |
(1) Minimum lot area—Six thousand (6,000) square feet.
(2) Minimum lot width—Sixty (60) feet on interior lots as measured at the setback line. Sixty-five (65) feet on corner lots. (3) Lot coverage—No more than thirty-five (35) per cent of the area of a lot may be covered by buildings or structures. |
(1) Front yard: Twenty-five (25) feet or the established building setback line.
(2) Side yard: On interior lots there shall be a side yard on each side of a main building of not less than five (5) feet. On corner lots the side yard requirement shall be the same as for interior lots except there shall be a side yard on the intersecting street of not less than twenty-five (25) feet. (3) Rear yard: Rear yard decks and patios maintained as open space without walls may include a roof, shade feature or canopy and may encroach fifteen (15) feet into the required rear yard setback. Rear yard decks are prohibited from occupying any required side yard setback areas. Yards on corner lots where a clearly identified and occupied rear yard space does not meet the required setback and is not less than fifteen (15) feet may be considered the rear yard of the property. There will be a rear yard of not less than twenty-five (25) feet. | No building shall be erected or enlarged to exceed a height of two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. | See the applicable chapter of the City Code of Ordinances. | Two (2) spaces per dwelling unit. |
(Ord. No. 711, § XXI, 10-23-95; Ord. No. 753, § 1, 5-27-97; Ord. No. 808, § 1, 10-23-00; Ord. No. 818, § 1, 12-10-01; Ord. No. 957, 6-10-13; Ord. No. 966, § 1, 7-14-14)
Sec. 27-33. - R-3 two-family.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish and preserve quiet neighborhoods of single- and two-family homes, free from other uses except those which are both compatible and convenient to the residents of such district. |
(1) One- and two-family dwellings.
(2) Golf courses, excluding driving tees or ranges, miniature courses, and similar uses operated for commercial purposes. (3) Field crops, orchards, nurseries, and other horticultural uses where no selling at retail is involved. (4) Home occupations shall be allowed in dwelling units provided all of the following conditions are met: a. It is conducted entirely within the dwelling unit without materially altering the arrangement thereof and carried on solely by the inhabitants thereof. b. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. c. No article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling unit. d. There is no change in the character of the neighborhood or outside appearance of the building nor shall there by any other visible or audible evidence of the conduct thereof. e. No home occupation shall be conducted in an accessory building. f. No traffic or parking shall be generated by such home occupation that would be in greater volumes than would normally be expected in a residential neighborhood. g. The following uses by nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use of a residentially zoned area for residence purposes and shall not be deemed home occupations: Automobile repair stations, clinics, photography studios, dentists, doctors offices, chiropractic and lawyer offices, hospitals, barber shops, beauty parlors, dress shops, real estate offices, animal hospitals, and kennels among others. (5) Home based daycare provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four (4) foot or taller fence from any adjoining lot. The maximum number of children allowed in a home based daycare is eleven (11). |
(1) Accessory buildings such as private garages, storage sheds, swimming pools, and
like uses which are clearly incidental to the use and on the same lot as the principal
building are permitted.
(2) Accessory buildings shall not encroach upon the required front or side yards. Provided further, that on a corner lot accessory buildings shall not encroach upon the required front or side yards adjacent to the abutting streets. Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. (3) Private sales, garage, rummage or yard sales are permitted provided they do not negatively impact the residential nature of the neighborhood. Only four (4) private sales may be held at a specific address per calendar year. |
(1) Trailer courts provided the provisions of Chapter 23 of the Municipal Code of Ordinances are met.
(2) Public utility facilities (i.e., transformer stations, pump houses plants). (3) Cemeteries, crematories, or mausoleum. (4) Hospitals or sanitariums. (5) Institutions for care of mentally ill. (6) Public facilities (i.e., recreation building, parks, community centers). (7) Towers exceeding fifty (50) feet in height above ground level. (8) Schools (i.e., elementary, high and colleges). (9) Nursery schools, day care centers, or nurseries provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four-foot or taller fence from any adjoining lot. (10) Churches [and] any accessory buildings used for religious purposes. (11) Nurseries subject to the following: (1) The lot coverage of structures used for retail purposes shall not exceed two (2) per cent of the total lot area which the nursery occupies. (2) All structures shall be set back forty (40) feet from any property lines. |
(1) Minimum lot area—Six thousand (6,000) square feet for single-family dwellings.
Eight thousand (8,000) square feet for two-family dwellings. (2) Minimum lot width—Sixty (60) feet on interior lots as measured at the setback line. Sixty-five (65) feet on corner lots. (3) Lot coverage—No more than thirty-five (35) per cent of the area of a lot may be covered by buildings or structures. |
(1) Front yard: Twenty-five (25) feet or the established building setback line.
(2) Side yard: On interior lots there shall be a side yard on each side of a main building of not less than five (5) feet. On corner lots the side yard requirement shall be the same as for interior lots except there shall be a side yard on the intersecting street of not less than twenty-five (25) feet. (3) Rear yard: Rear yard decks and patios maintained as open space without walls may include a roof, shade feature or canopy and may encroach fifteen (15) feet into the required rear yard setback. Rear yard decks are prohibited from occupying any required side yard setback. Yards on corner lots where a clearly identified and occupied rear yard space does not meet the required setback and is not less than fifteen (15) feet may be considered the rear yard of a property. There will be a rear yard of not less than twenty-five (25) feet. | No building shall be erected or enlarged to exceed a height of two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. | See the applicable chapter of the City Code of Ordinances. | Two (2) spaces per dwelling unit. |
(Ord. No. 711, § XXII, 10-23-95; Ord. No. 753, § 1, 5-27-97; Ord. No. 808, § 1, 10-23-00; Ord. No. 818, § 1, 12-10-01; Ord. No. 957, 6-10-13; Ord. No. 966, § 1, 7-14-14)
Sec. 27-34. - R-4 multiple-family.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish and preserve a district for high density residential and other compatible uses. |
(1) One- and two-family dwellings.
(2) Multiple dwellings and apartments. (3) Boarding. (4) Nursing or rest home. (5) Clubs, lodges, or fraternal organizations when not operated for profit. (6) Golf courses, except during tees or ranges, miniature courses, and similar uses operated for commercial purposes. (7) Field crops, orchards, nurseries and other horticultural uses where no selling at retail is involved. (8) Home occupations shall be allowed in dwelling units provided all of the following conditions are met: a. It is conducted entirely within the dwelling unit without materially altering the arrangement thereof and carried on solely by the inhabitants thereof. b. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. c. No article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling unit. d. There is no change in the character of the neighborhood or outside appearance of the building nor shall there by any other visible or audible evidence of the conduct thereof. e. No home occupation shall be conducted in an accessory building. f. No traffic or parking shall be generated by such home occupation that would be in greater volumes than would normally be expected in a residential neighborhood. g. The following uses by nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use of a residentially zoned area for residence purposes and shall not be deemed home occupations: Automobile repair stations, clinics, photography studios, dentists, doctors offices, chiropractic and lawyer offices, hospitals, barber shops, beauty parlors, dress shops, real estate offices, animal hospitals, and kennels among others. (9) Home based daycare provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four (4) foot or taller fence from any adjoining lot. The maximum number of children allowed in a home based daycare is eleven (11). |
(1) Accessory buildings such as private garages, storage sheds, swimming pools, and
like uses which are clearly incidental to the use and on the same lot as the principal
building are permitted.
(2) Accessory buildings shall not encroach upon the required front or side yards. Provided further, that on a corner lot accessory buildings shall not encroach upon the required front or side yards adjacent to the abutting streets. Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. (3) Private sales, garage, rummage or yard sales are permitted provided they do not negatively impact the residential nature of the neighborhood. Only four (4) private sales may be held at a specific address per calendar year. |
(1) Trailer courts provided the provisions of Chapter 23 of the Municipal Code of Ordinances are met.
(2) Public utility facilities (i.e., transformer stations, pump house plants). (3) Cemeteries, crematories, or mausoleum. (4) Hospitals or sanitariums. (5) Institutions for care of mentally ill. (6) Public facilities (i.e., recreation building, parks, community centers). (7) Towers exceeding fifty-five (55) feet in height above ground level. (8) Schools (i.e., elementary, high and colleges). (9) Nursery schools, day care centers, or nurseries provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for, in the rear or side yard, and that the play area is fenced with a four-foot or taller fence from any adjoining lot. (10) Churches and accessory buildings used for religious purposes. (11) Nurseries subject to the following: (1) The lot coverage of structures used for retail purposes shall not exceed two (2) per cent of the total lot area which the nursery occupies. (2) All structures shall be set back forty (40) feet from any property lines. |
(1) Minimum lot area:
a. Six thousand (6,000) square feet for single- and two-family dwellings. b. Two thousand (2,000) square feet per family for multiple-family dwellings with more than two (2) families. (2) Minimum lot width—Sixty (60) feet on interior lots as measured at the setback line. Sixty-five (65) feet on corner lots. (3) Lot coverage—No more than thirty-five (35) per cent of the area of a lot may be covered by buildings or structures. |
(1) Front yard: Twenty-five (25) feet or established building setback line.
(2) Side yard: On interior lots there shall be a side yard on each side of a main building of not less than five (5) feet. On corner lots the side yard on the intersecting street side shall be not less than twenty-five (25) feet. (3) Rear yard: Rear yard decks and patios maintained as open space without walls may include a roof, shade feature or canopy and may encroach fifteen (15) feet into the required rear yard setback. Rear yard decks are prohibited from occupying any required side yard setback. Yards on corner lots where a clearly identified and occupied rear yard space does not meet the required setback and is not less than 15 feet may be considered the rear yard of a property. There will be a rear yard of not less than twenty-five (25) feet. | No building shall be erected or structurally altered to exceed three (3) stories nor shall it exceed forty (40) feet in height. |
(1) Apartment's identification signs not exceeding thirty-two (32) square feet in
area.
(2) Single- and two-family dwellings: See the applicable chapter of the City Code of Ordinances. |
(1) Multifamily: One and one-half (1.5) parking spaces per dwelling unit.
(2) Single- and two-family unit: Two (2) spaces per dwelling unit. |
(Ord. No. 711, § XXIII, 10-23-95; Ord. No. 753, § 1, 5-27-97; Ord. No. 808, § 1, 10-23-00; Ord. No. 818, § 2, 12-10-01; Ord. No. 957, 6-10-13; Ord. No. 966, § 1, 7-14-14)
Sec. 27-35. - B-1 local business district.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish areas or business facilities which are especially used in close proximity to residential area, while minimizing any undesirable impact of such uses in the neighborhoods which they serve. |
(1) Any use permitted in the R-4 multiple-family district, provided that dwelling
units erected or structurally altered in this district shall meet the same lot, yard,
and open space requirements as applied in the R-4 multiple-family district.
(2) Retail stores, services, offices, restaurants, barber and beauty shops, small implement sales and repair and other retail businesses conducted wholly within a completely enclosed building except for the display of small implements for sale. Small implements for sale may be displayed outside in a neat orderly fashion as long as they do not occupy any required parking areas. (3) Floor space: No business establishment may occupy more than three thousand five hundred (3,500) square feet of floor space. (4) Prohibited uses: Buildings that have a principal use as a warehouse, automobile and implement sales or repair, wholesale business, and manufacturing, unless all manufactured goods are sold exclusively at retail on the premises. (5) Home based daycare provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four (4) foot or taller fence from any adjoining lot. The maximum number of children allowed in a home based daycare is eleven (11). |
(1) Accessory buildings which are clearly incidental to and customarily accessory
to the permitted principal uses are allowed.
(2) No accessory building may encroach upon any required front or side yards. (3) Accessory buildings shall not encroach upon the required front or side yards. Provided further, that on a corner lot accessory buildings shall not encroach upon the required front or side yards adjacent to the abutting streets. Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. |
(1) Trailer courts provided the provisions of Chapter 23 of the Municipal Code of Ordinances are met.
(2) Public utility facilities (i.e., transformer stations, pump house plants). (3) Cemeteries, crematories, or mausoleum. (4) Hospitals or sanitariums. (5) Institutions for care of mentally ill. (6) Public facilities (i.e., recreation buildings, parks, community centers). (7) Towers exceeding sixty-five (65) feet in height above ground level. (8) Schools (i.e., elementary, high and colleges). (9) Nursery schools, day care centers, or nurseries provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for in the rear or side yard, and that the play area is fenced with a four-foot or taller fence from any adjoining lot. (10) Churches and accessory buildings used for religious purposes. (11) Automobile service stations conducted wholly within a completely enclosed building except for the sale of automobile fuel which may be outside of a building. |
(1) Business: None.
(2) Dwelling units: a. Minimum lot area: (i) Six thousand (6,000) square feet for single- and two-family dwellings. (ii) Two thousand (2,000) square feet per family for multiple-family dwellings with more than two (2) families. b. Minimum lot width: Sixty (60) feet on interior lots as measured at the setback line. Sixty-five (65) feet on corner lots as measured at the setback line. c. Lot coverage—No more than thirty-five (35) per cent of the area of a lot may be covered by buildings or structures. |
(1) Front yard: Twenty-five (25) feet or the established building setback line.
(2) Side yard: On interior lots there shall be a side yard on each side of a main building of not less than five (5) feet. On corner lots the side yard on the intersecting street side shall not be less than twenty-five (25) feet. (3) Rear yard: Fifteen (15) feet. | No building or structure shall be erected or structurally altered to exceed a height of four (4) stories nor shall it exceed fifty (50) feet in height. | Business signs not to exceed two (2) square feet of surface area for each one (1) lineal foot of lot fronting on a public street. See the applicable chapter of the Code of Ordinances. | See section 27-5 of this chapter. |
(Ord. No. 711, § XXIV, 10-23-95; Ord. No. 763, §§ 1, 2, 11-24-97; Ord. No. 818, § 3, 12-10-01; Ord. No. 957, 6-10-13; Ord. No. 966, § 1, 7-14-14)
Sec. 27-36. - B-2 highway business district.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish commercial areas consisting of shopping centers and commercial strips where customers reach individual business establishments primarily by automobile. |
(1) Multiple dwellings and apartments, provided that dwelling units erected or structurally
altered in this district shall meet the same lot, yard, and open space requirements
as applied in the R-4 multiple-family district.
(2) All business permitted in the B-1 local business district and other offices and establishments selling goods and services at retail, including wholesale establishments and automobile sales, auditoriums, motels, and funeral homes, outdoor theaters. (3) Light manufacturing provided that all of the following requirements are met: a. All operations including storage of any kind are conducted within a completely enclosed building. b. No operation shall be conducted which is in excess of normal traffic noise of the adjacent street at the time of peak traffic volume. c. No operation shall be conducted which produces a disagreeable odor. d. No operation shall be conducted which produces vibrations that are measurable outside of the structure. e. Private off-street parking spaces at a ratio of one (1) space for each two (2) employees shall be provided. f. Said operation shall meet all regulations established by the South Dakota Department of Environmental Protection. (4) Goods, wares, merchandise or property displayed or exhibited for sale outside shall not occupy any required off-street parking area, and can only occupy an area equal to or less than twenty-five (25) per cent of the floor area of the permitted principal structure unless an open air sales permit is in force under the provisions of section 27-4(o). (5) Kennels. (6) Medical Cannabis Dispensary. |
(1) Accessory buildings which are clearly incidental to and customarily accessory
to the permitted principal uses are allowed.
(2) No accessory building may encroach upon any required side or front yards. (3) Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. |
(1) Facilities for the disposal of trash or garbage (i.e., landfills).
(2) Auto wrecking or junkyards provided the provisions of Chapter 13, section 13-107 of the Municipal Code of Ordinances are met. (3) Mobile home courts. (4) Towers exceeding sixty-five (65) feet in height above ground level. (5) Airports or land fields. (6) One- and two-family dwellings provided that dwelling units erected or structurally altered in this district shall meet the same lot, yard, and open space requirements as applied in the R-2 single-family district. (7) Self-storage facilities subject to the following: a. Use shall be limited to the storage of customers' residential goods and wares only. b. Special conditions: (i) All storage on the property shall be kept within an enclosed building. (ii) Outdoor lights shall be shielded to direct light and glare away from all adjoining property. (iii) No fencing shall be permitted beyond the building setback lines. (iv) No door openings for any self-storage unit shall be constructed facing any residentially zoned property. c. Prohibited uses include but are not limited to the following: (i) Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. (ii) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. |
(1) Business: None.
(2) Dwelling units: a. Minimum lot area: (i) Six thousand (6,000) square feet for single- and two-family dwellings. (ii) Two thousand (2,000) square feet per family for multiple-family dwellings with more than two (2) families. b. Minimum lot width: Sixty (60) feet on interior lots as measured at the setback line. Sixty-five (65) feet on corner lots. c. Lot coverage: No more than thirty-five (35) per cent of the area of a lot may be covered by buildings or structures. |
(1) Front yard: Fifteen (15) feet.
(2) Side yard: None on interior lots. When a building abuts upon a residential district on the same block, a side yard shall be provided on the side of the lot abutting the residential district of not less than ten (10) feet. On corner lots the side yard on the intersecting street side shall be not less than fifteen (15) feet. (3) Rear yard: None. | No building or structure shall exceed sixty-five (65) feet in height. | Business signs not to exceed two (2) square feet of surface area for each one (1) lineal foot of lot fronting on a public street. See the applicable chapter of the City Code of Ordinances. | See section 27-5 of this chapter. |
|
Open storage for the sale of automobiles, trailers, boats, and gasoline from service
stations are exempt from the provisions of this part, however, all such open storage
is prohibited on the city rights-of-way.
(5) Conditional uses listed under the B-1 local business district are permitted unless otherwise listed under the conditional use provisions of this district. (6) Prohibited uses: A building in which the principal use is for a storage warehouse. |
(iii) Operation of power tools, spray-painting, welding, or other similar equipment.
(iv) The establishment or a transfer and storage business or commercial warehouse. (v) Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations. (8) Vehicle storage yards are subject to the following: a. The outdoor portion of any vehicle storage yard must be totally screened from view from all sides. Such screen shall be at least 6 feet in height. Appropriate screening materials can be manmade and/or vegetative and shall be properly maintained at all times. (9) Wind energy conversion systems (WECS). The regulations regarding wind energy conversion systems (hereafter referred to as WECS) shall be as follows: (a) Limited use: No WECS installed in accordance with the requirements of this ordinance shall generate power as a commercial enterprise unless it meets all of the applicable requirements of the Public Utilities Commission regulations and the interconnect requirements of the electric utility company. (b) Setback requirements: The minimum distance between the property line, overhead utility lines or another wind turbine and any tower support base of a WECS shall be equal to the proposed tower height (plus the radius of the rotor for the horizontal axis machines). Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the city for their approval. (c) Tower height. In no event shall the height of a WECS exceed 125 feet as measured from the ground to highest point of the structure at its peak point in rotation. Further, there shall be no less than 30 feet between the lowest arc of the rotors of a WECS and the ground, any portion of a structure or any tree. (d) Tower access: Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, by limiting tower climbing apparatus so there is access to it no lower than 12 feet from the ground or installation of a locked anti-climb device on the tower. |
Minimum lot area: One (1) acre.
Minimum lot width: None. Lot coverage: None. |
(1) Front yard: Fifteen (15) feet.
(2) Side yard: None on interior lots. When a building abuts upon a residential district on the same block, a side yard shall be provided on the side of the lot abutting the residential district of not less than ten (10) feet. On corner lots the side yard on the intersecting street side shall be not less than fifteen (15) feet. (3) Rear yard: None. | No building shall be erected or structurally altered to exceed a height of four (4) stories, nor shall it exceed fifty (50) feet in height. | Business signs not exceeding two (2) square feet of surface area for each one (1) linear foot of lot fronting a public street. See the applicable chapter of the City Code of Ordinances. | See section 27-5 of this chapter. | ||
|
(e) Electromagnetic interference. No WECS 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 WECS will not adversely
affect the transmissions. If necessary, generators and alternators shall be filtered,
shielded, or both so as to prevent the emission of radio and television signals.
(f) Air space: A WECS shall be located or installed in compliance with the guidelines of the federal aviation regulations with regard to airport approach zones. (g) Rotor size/operation. The maximum size of the rotors of a WECS 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. (h) Noise. No WECS 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 WECS 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. (i) Warning information. Information related to the maximum power output, nominal voltage and maximum current, and emergency shut-down procedures for the WECS shall be posted near the base of the tower in a visible location. (j) Lighting. Unless required by a more restrictive regulation, no lighting shall be installed on a WECS. | ||||||||
|
(k) Tower design. In reviewing the conditional use for a WECS, the city shall consider
the design and color of the tower to ensure that no significant adverse impacts are
occurring to neighboring property owners, including, but not limited to, infringement
into natural and urban view sheds, historic property, major community entryways, parks,
schools, churches, playgrounds, or similar public and recreational uses.
(l) Manufacturer warranty/maintenance information. Upon application for a conditional use for a WECS, the petitioner shall submit a manufacturer's statement documenting that the system has been successfully and safely operated in atmospheric conditions that are similar to conditions in Yankton. Further, the petitioner shall provide a copy of the manufacturer's warranty indicating that the system is warranted against any system failures reasonably expected during severe weather conditions. Further, the petitioner shall submit system specifications including maximum power output and a maintenance schedule for the system. (m) Construction standards. Any WECS 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 WECS shall submit plans and specifications stamped by a registered engineer. 2. Lightning Protection. Any WECS shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters and deep earth grounding. (n) Abandonment/removal. l. Any WECS which has not been used for a period of 12 months or more shall be declared abandoned. Upon abandonment of the system, the city may revoke the conditional use permit and the system shall be removed at the expense of the property owner. The city may determine that a WECS has not been used if the following criteria apply: a. The WECS 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 12 months; | ||||||||
|
b. The WECS has fallen into obvious disrepair and/or has been condemned by the
City of Yankton.
c. The WECS has become a violation 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 WECS 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. No. 711, § XXV, 10-23-95; Ord. No. 818, § 4, 12-10-01; Ord. No. 930, § 1, 6-14-10; Ord. No. 957, 6-10-13; Ord. No. 1051, 6-14-21; Ord. No. 1054, 8-23-21)
Sec. 27-37. - B-3 central business district.
| Districts | Uses and Structures | Lot, Yard and Open Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish and preserve central business district convenient for a wide range of retail uses and businesses in a setting conducive to and safe for a high volume of pedestrian traffic. (Also note provision in section 13-2, Sidewalk cafes permitted in certain areas; regulations.) |
(1) One- and two-family dwellings provided they meet the yard and open space requirements
of the R-2 single-family district.
(2) Multiple-family dwellings provided they meet the yard and open space requirements of the R-4 multiple family district. (3) All business permitted in the B-1 local business district and other offices and establishments selling goods and services at retail, including wholesale establishments and automobile sales, auditoriums, motels, and funeral homes, outdoor theaters. (4) Light manufacturing provided that all of the following requirements are met: a. All operations including storage of any kind are conducted within a completely enclosed building. b. No operation shall be conducted which is in excess of normal traffic noise of the adjacent street at the time of peak traffic volume. c. No operation shall be conducted which produces a disagreeable odor. d. No operation shall be conducted which produces vibrations that are measurable outside of the structure. e. Private off-street parking spaces at a ratio of one (1) space for each two (2) employees shall be provided. f. Said operation shall meet all regulations established by the South Dakota Department of Environmental Protection. (5) Goods, wares, merchandise or property displayed or exhibited for sale outside shall not occupy any required off-street parking area, and can only occupy an area equal to or less than twenty-five (25) per cent of the floor area of the permitted principal structure unless an open air sales permit is in force under the provisions of section 27-4(o). Open storage for the sale of automobiles, trailers, boats, and gasoline from service stations are exempt from the provisions of this part, however, all such open storage is prohibited on the city rights-of-way. (6) Conditional uses listed under the B-1 local business district are permitted unless otherwise listed under the conditional use provisions of this district. (7) Prohibited use: A building in which the principal use is for a storage warehouse. (8) Medical Cannabis Dispensary. |
(1) Accessory buildings which are clearly incidental to and customarily accessory
to the permitted principal uses are allowed.
(2) No accessory building may encroach upon any required side or front yards. (3) Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. |
(1) Facilities for the disposal of trash or garbage (i.e., landfills).
(2) Auto wrecking or junkyards provided the provisions of Chapter 13, section 13-107 of the Municipal Code of Ordinances are met. (3) Mobile home courts. (4) Towers exceeding sixty-five (65) feet in height above ground level. (5) Airports or landing fields. (6) Reserved. (7) Self-storage facilities subject to the following: a. Use shall be limited to the storage of customers' residential goods and wares only. b. Special conditions: (i) All storage on the property shall be kept within an enclosed building. (ii) Outdoor lights shall be shielded to direct light and glare away from all adjoining property. (iii) No fencing shall be permitted beyond the building setback lines. (iv) No door openings for any self-storage unit shall be constructed facing any residentially zoned property. c. Prohibited uses include but are not limited to the following: (i) Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. (ii) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. (iii) Operation of power tools, spray-painting, welding, or other similar equipment. (iv) The establishment or a transfer and storage business or commercial warehouse. (v) Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations. |
(1) Dwelling Units:
(a) Minimum lot width—Sixty (60) feet on interior lots as measured at the setback line. Sixty-five (65) feet on corner lots. |
(1) Front yard: None.
(2) Side yard: No side yard shall be required except that when a building abuts upon a residential district on the same block, a side yard shall be provided on the side of the lot abutting the residential district of not less than ten (10) feet. (3) Rear yard: None. | No building or structure shall exceed sixty-five (65) feet in height. | See the applicable chapter of the City Code of Ordinances. |
See section 27-5 of this chapter.
|
(Ord. No. 711, § XXVI, 10-23-95; Ord. No. 818, § 4, 12-10-01; Ord. No. 886, 4-10-06; Ord. No. 1051, 6-14-21; Ord. No. 1054, 8-23-21)
Sec. 27-38. - I-1 industrial.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish areas or commercial, industrial, and related uses of such nature that do not create serious problems of compatibility with other kinds of land uses. |
(1) Any use permitted in the B-3 central business district except that the erection,
construction, or structural alteration of dwelling units shall not be permitted.
(2) Field crops, orchards, nurseries, fairgrounds, warehouses. (3) Any manufacturing use and any other use not in conflict with any city ordinances regulating nuisances, provided further, that no building occupancy permit shall be issued for any of the manufacturing uses listed under the conditional use provision of this district until the location and plan of development of such use shall have been authorized by the board of city commissioners under the conditional use provisions of this chapter. (4) Goods, wares, merchandise or property displayed or exhibited for sale outside shall not occupy any required off-street parking area, and can only occupy an area equal to or less than twenty-five (25) per cent of the floor area of the permitted principal structure unless an open air sales permit is in force under the provisions of section 27-4(o). Open storage for the sale of automobiles, trailers, boats, and gasoline from service stations are exempt from the provisions of this part, however, all such open storage is prohibited on the city rights-of-way. (5) A dwelling shall not be erect in the I-[1] industrial district: However, the sleeping quarters of a watchman or caretaker are permitted. (6) Kennels. (7) Medical Cannabis Dispensary. |
(1) Accessory buildings which are clearly incidental to and customarily accessory
to the permitted principal uses are allowed.
(2) No accessory building may encroach upon any required side or front yards. (3) Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. |
(1) Stockyards or slaughter of animals.
(2) Acid manufacturing. (3) Cement, lime, gypsum or plaster of paris manufacturing. (4) Distillation of bones. (5) Explosive—Manufacture or storage. (6) Fat rendering. (7) Fertilizer manufacturing. (8) Garbage, or dead animal reduction or dumping. (9) Glue manufacturing. (10) Smelting of tin, copper, zinc, or iron ore. (11) Petroleum refining. (12) Mining, quarrying, alloying of metal. (13) Airports and landing fields. (14) Towers exceeding sixty-five (65) feet in height above ground level. (15) Wind energy conversion systems (WECS). The regulations regarding wind energy conversion systems (hereafter referred to as WECS) shall be as follows: (a) Limited use: No WECS installed in accordance with the requirements of this ordinance shall generate power as a commercial enterprise unless it meets all of the applicable requirements of the Public Utilities Commission regulations and the interconnect requirements of the electric utility company. (b) Setback requirements: The minimum distance between the property line, overhead utility lines or another wind turbine and any tower support base of a WECS shall be equal to the proposed tower height (plus the radius of the rotor for the horizontal axis machines). Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the city for their approval. (c) Tower height. In no event shall the height of a WECS exceed 125 feet as measured from the ground to highest point of the structure at its peak point in rotation. Further, there shall be no less than 30 feet between the lowest arc of the rotors of a WECS and the ground, any portion of a structure or any tree. (d) Tower access: Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, by limiting tower climbing apparatus so there is access to it no lower than 12 feet from the ground or installation of a locked anti-climb device on the tower. | None. |
(1) Front yard: Fifteen (15) feet.
(2) Side yard: None on interior lots. When a building abuts upon a residential district on the same block, a side yard shall be provided on the side of the lot abutting the residential district of not less than ten (10) feet. On corner lots the side yard on the intersecting street side shall be not less than fifteen (15) feet. (3) Rear yard: None. | No building shall be erected or structurally altered to exceed a height of four (4) stories, nor shall it exceed fifty (50) feet in height. | See the applicable chapter of the City Code of Ordinances. | See section 27-5 of this chapter. |
|
(e) Electromagnetic interference. No WECS 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 WECS will not adversely
affect the transmissions. If necessary, generators and alternators shall be filtered,
shielded, or both so as to prevent the emission of radio and television signals.
(f) Air space: A WECS shall be located or installed in compliance with the guidelines of the federal aviation regulations with regard to airport approach zones. (g) Rotor size/operation. The maximum size of the rotors of a WECS 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. (h) Noise. No WECS 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 WECS 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. (i) Warning information. Information related to the maximum power output, nominal voltage and maximum current, and emergency shut-down procedures for the WECS shall be posted near the base of the tower in a visible location. (j) Lighting. Unless required by a more restrictive regulation, no lighting shall be installed on a WECS. | ||||||||
|
(k) Tower design. In reviewing the conditional use for a WECS, the city shall consider
the design and color of the tower to ensure that no significant adverse impacts are
occurring to neighboring property owners, including, but not limited to, infringement
into natural and urban view sheds, historic property, major community entryways, parks,
schools, churches, playgrounds, or similar public and recreational uses.
(l) Manufacturer warranty/maintenance information. Upon application for a conditional use for a WECS, the petitioner shall submit a manufacturer's statement documenting that the system has been successfully and safely operated in atmospheric conditions that are similar to conditions in Yankton. Further, the petitioner shall provide a copy of the manufacturer's warranty indicating that the system is warranted against any system failures reasonably expected during severe weather conditions. Further, the petitioner shall submit system specifications including maximum power output and a maintenance schedule for the system. (m) Construction standards. Any WECS 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 WECS shall submit plans and specifications stamped by a registered engineer. 2. Lightning Protection. Any WECS shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters and deep earth grounding. (n) Abandonment/removal. l. Any WECS which has not been used for a period of 12 months or more shall be declared abandoned. Upon abandonment of the system, the city may revoke the conditional use permit and the system shall be removed at the expense of the property owner. The city may determine that a WECS has not been used if the following criteria apply: a. The WECS 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 12 months; | ||||||||
|
b. The WECS has fallen into obvious disrepair and/or has been condemned by the
City of Yankton.
c. The WECS has become a violation 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 WECS 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. No. 711, § XXVII, 10-23-95; Ord. No. 818, § 5, 12-10-01; Ord. No. 930, § 1, 6-14-10; Ord. No. 957, 6-10-13; Ord. No. 1054, 8-23-21)
Sec. 27-39. - I-2 industrial park.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish areas or exclusive industrial use of such a nature that does not create serious problems of compatibility with other kinds of land uses. |
(1) Manufacturing and warehousing uses not in conflict with any other city ordinances
regulating nuisances, provided further that no building or occupancy permit shall
be issued for any of the manufacturing uses listed under the conditional use provisions
of this district until the location and plan of development of such use shall have
been authorized by the board of city commissioners under the conditional use provisions
of this chapter.
(2) Field crops, orchards, nurseries, warehouses. (3) Goods, wares, merchandise or property displayed or exhibited for sale outside shall not occupy any required off-street parking area, and can only occupy an area equal to or less than twenty-five (25) per cent of the floor area of the permitted principal structure unless an open air sales permit is in force under the provisions of section 27-4(o). Open storage for the sale of automobiles, trailers, boats, and gasoline from service stations are exempt from the provisions of this part, however, all such open storage is prohibited on the city rights-of-way. (4) A dwelling shall not be erected in the I-2 industrial park district: However, the sleeping quarters of a watchman or caretaker are permitted. (5) Kennels. (6) Medical Cannabis Dispensary. |
(1) Accessory buildings which are clearly incidental to and customarily accessory
to the permitted principal uses are allowed.
(2) No accessory building may encroach upon any required side or front yards. (3) Accessory buildings shall be no closer than five (5) feet from the rear lot line or any other building. |
(1) Stockyards or slaughter of animals.
(2) Acid manufacturing. (3) Cement, lime, gypsum or plaster of paris manufacturing. (4) Distillation of bones. (5) Explosive—Manufacture or storage. (6) Fat rendering. (7) Fertilizer manufacturing. (8) Garbage, or dead animal reduction or dumping. (9) Glue manufacturing. (10) Smelting of tin, copper, zinc, or iron ore. (11) Petroleum refining. (12) Mining, quarrying, alloying of metal. (13) Airports and landing fields. (14) Towers exceeding sixty-five (65) feet in height above ground level. (15) Wind energy conversion systems (WECS). The regulations regarding wind energy conversion systems (hereafter referred to as WECS) shall be as follows: (a) Limited use: No WECS installed in accordance with the requirements of this ordinance shall generate power as a commercial enterprise unless it meets all of the applicable requirements of the Public Utilities Commission regulations and the interconnect requirements of the electric utility company. (b) Setback requirements: The minimum distance between the property line, overhead utility lines or another wind turbine and any tower support base of a WECS shall be equal to the proposed tower height (plus the radius of the rotor for the horizontal axis machines). Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the city for their approval. |
Minimum lot area: One (1) acre.
Minimum lot width: None. Lot coverage: None. |
(1) Front yard: Fifteen (15) feet.
(2) Side yard: None on interior lots. When a building abuts upon a residential district on the same block, a side yard shall be provided on the side of the lot abutting the residential district of not less than ten (10) feet. On corner lots the side yard on the intersecting street side shall be not less than fifteen (15) feet. (3) Rear yard: None. |
No building shall be erected or structurally altered to exceed a height of four (4)
stories, nor shall it exceed fifty (50) feet in height.
|
See the applicable chapter of the City Code of Ordinances.
|
See section 27-5 of this chapter.
|
|
(c) Tower height. In no event shall the height of a WECS exceed 125 feet as measured
from the ground to highest point of the structure at its peak point in rotation. Further,
there shall be no less than 30 feet between the lowest arc of the rotors of a WECS
and the ground, any portion of a structure or any tree.
(d) Tower access: Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, by limiting tower climbing apparatus so there is access to it no lower than 12 feet from the ground or installation of a locked anti-climb device on the tower. (e) Electromagnetic interference. No WECS 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 WECS will not adversely affect the transmissions. If necessary, generators and alternators shall be filtered, shielded, or both so as to prevent the emission of radio and television signals. (f) Air space: A WECS shall be located or installed in compliance with the guidelines of the federal aviation regulations with regard to airport approach zones. (g) Rotor size/operation. The maximum size of the rotors of a WECS 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. | ||||||||
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
|
(h) Noise. No WECS 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 WECS 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.
(i) Warning information. Information related to the maximum power output, nominal voltage and maximum current, and emergency shut-down procedures for the WECS shall be posted near the base of the tower in a visible location. (j) Lighting. Unless required by a more restrictive regulation, no lighting shall be installed on a WECS. (k) Tower design. In reviewing the conditional use for a WECS, the city shall consider the design and color of the tower to ensure that no significant adverse impacts are occurring to neighboring property owners, including, but not limited to, infringement into natural and urban view sheds, historic property, major community entryways, parks, schools, churches, playgrounds, or similar public and recreational uses. (l) Manufacturer warranty/maintenance information. Upon application for a conditional use for a WECS, the petitioner shall submit a manufacturer's statement documenting that the system has been successfully and safely operated in atmospheric conditions that are similar to conditions in Yankton. Further, the petitioner shall provide a copy of the manufacturer's warranty indicating that the system is warranted against any system failures reasonably expected during severe weather conditions. Further, the petitioner shall submit system specifications including maximum power output and a maintenance schedule for the system. | ||||||||
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
|
(m) Construction standards. Any WECS 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 WECS shall submit plans and specifications stamped by a registered engineer. 2. Lightning Protection. Any WECS shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters and deep earth grounding. (n) Abandonment/removal. l. Any WECS which has not been used for a period of 12 months or more shall be declared abandoned. Upon abandonment of the system, the city may revoke the conditional use permit and the system shall be removed at the expense of the property owner. The city may determine that a WECS has not been used if the following criteria apply: a. The WECS 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 12 months; b. The WECS has fallen into obvious disrepair and/or has been condemned by the City of Yankton. c. The WECS has become a violation 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 WECS 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. No. 711, § XXVIII, 10-23-95; Ord. No. 818, § 5, 12-10-01; Ord. No. 930, § 1, 6-14-10; Ord. No. 957, 6-10-13; Ord. No. 1054, 8-23-21)
Sec. 27-40. - A-1 agricultural.
| Districts | Uses and Structures |
Lot, Yard and Open
Space Requirements | ||||||
|---|---|---|---|---|---|---|---|---|
|
A
Intent |
B
Permitted Principal Uses and Structures |
C
Permitted Accessory Uses and Structures |
D
Conditional Uses and Structures |
E
Minimum Lot Requirements |
F
Minimum Yard Requirements |
G
Maximum Height |
H
Sign Limitations |
I
Off-street Parking Requirements |
| To establish and preserve areas for agricultural use, to provide for a transitional zone for areas annexed into the city before rezoning to another use, and to establish areas that's best use is for agricultural purposes where flood, airport, or other dangers rending such land unsuitable for other types of development so long as such land can be suitably used for agricultural purposes. |
(1) Open agricultural uses such as greenhouses and raising of crops, including the
raising and grazing of livestock (but not feed lots) orchards, vineyards, and like
uses.
(2) Golf courses, except driving tees or ranges, miniature courses, and similar uses operated for commercial purposes. |
(1) Single- and two-family dwelling units are permitted which are clearly incidental
to principal uses if conducted on a lot area of at least ten (10) acres per dwelling
unit.
(2) Other accessory buildings such as private garages, barns, sheds, and like uses which as clearly incidental to and customarily to the principal uses are allowed. (3) No accessory building may encroach on any required front or rear yards and shall be no closer than five (5) feet from the rear lot line or any other building. |
(1) Feed lots or stock yards.
(2) Stables and riding schools. (3) Rifle, pistol or skeet shoot ranges. (4) Churches. (5) Kennels. (6) Public utility facilities (i.e., transformer stations, plants, pump houses). (7) Facilities for the disposal of trash or garbage. (8) Public facilities (i.e., recreation buildings, parks, community centers). (9) Schools—Elementary, high and colleges. (10) Nursery schools and day care centers provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for and that the play area is fenced. (11) Towers exceeding fifty (50) feet in height above ground level. | Minimum lot area: Ten (10) acres per dwelling unit for residential uses. None for agricultural use. |
(1) Front yard: Twenty-five (25) feet or established building setback line.
(2) Side yard: On interior lots there shall be a side yard of not less than five (5) feet. On corner lots there shall be a side yard on the intersecting street of not less than twenty-five (25) feet. (3) Rear yard: There shall be a rear yard of not less than twenty-five (25) feet. | None. |
Accessory dwelling units: Two (2) spaces per dwelling unit.
Other Uses: See section 27-5 of this chapter. | |
(Ord. No. 711, § XXIX, 10-23-95; Ord. No. 818, § 6, 12-10-01)